1 Views expressed in this presentation are those of the staff and do not necessarily represent the views of the Commission

 Requirements for Toys under the Federal Hazardous Substances Act (FHSA)  Requirements under the Consumer Product Safety Improvement Act (CPSIA)  Mandatory Toy Standards ASTM F with toy chest provision (previously voluntary) 2

 Small Parts Requirements16 C.F.R. Part 1501  CSPA Labeling Requirements16 C.F.R. § and 16 C.F.R. §  Art Material Requirements16 C.F.R. § (b)(8) 3

 Lead-in-Paint16 C.F.R. Part 1303  Electrically Operated Toys/Children’s Products16 C.F.R. Part 1505  Sharp Points/Edge Requirements16 C.F.R. § § /49 4

 Age grading:  matches the attributes of the toy to the capabilities of the child.  is used to determine the appropriate tests to which your product must comply. 5

 When determining whether the age grade on the product is appropriate the Commission considers:  the manufacturer’s labeling on the product, if it is reasonable;  whether the product is advertised, promoted, and marketed for that age child;  whether the product is commonly recognized by consumers as being intended for that age child; and  Age Determination Guidelines – September

 Section 101Children’s Products Containing Lead; Lead Paint Rule  Section 102Mandatory Third Party Testing for Certain Children’s Products  Section 103Tracking Labels for Children's Products  Section 104Durable Nursery Products/Registration Cards 7

 Section 105Labeling Requirement for Advertising Toys and Games  Section 106 Mandatory Toy Safety Standards (ASTM F963–2008, including toy chests from 2007)  Section 108Phthalate Requirements 8

 Most consumer products that are subject to mandatory standards or bans must be certified as in compliance with each applicable requirement.  Domestic products:manufacturer must certify  Imported products: importer must certify 9

 Children’s products must be certified based on testing performed by an accredited and CPSC-approved third party testing lab (Children’s Product Certificate). 10

 Toys intended for children under three (3) years of age must meet requirements for small parts (as received and after testing).  Toys are subject to use and abuse testing based on the intended “age grade” of the product and not produce small parts. Testing is performed by an accredited and CPSC- approved third party testing lab. 11

 Based on that test, the importer or manufacturer must issue a certificate of conformity that certifies the product complies with small parts requirements.  The certificate must accompany each shipment when it enters U.S. commerce and must be furnished to the retailer or distributor. 12

 Required for all children’s products manufactured after August 14,  Permanent markings are required on the package and on the product, including:  Location and date of production;  Cohort information;  Batch, run number or other identifying characteristics; and  Identifying mark determined by the manufacturer to facilitate ascertaining the source of the product. 13

 Twelve classes are identified by statute.  CPSC must promulgate mandatory standards for all of these (two every six months).  For durable nursery products, the manufacturer also must provide product registration cards and keep records of consumers who register. 14

 Section 104 requires CPSC to issue at least two new standards every six months  Final Safety Standard for Toddler Beds – 4/28/10  Safety Standard for Bassinets and Cradles – 4/28/10  Final Safety Standard for Infant Walkers – 6/21/10  Final Safety Standard for Infant Bath Seats – 6/4/10  Final Safety Standard for Full-Size and Non-Full Size Cribs – 6/28/10 June

 Required for all categories of durable infant and toddler products  Final rule issued December 29, 2009 with correction on February 22,

 Most provisions of ASTM F became mandatory for toys made after February 10,  Commission accepted most provisions, and ASTM F became mandatory for toys made after August 17, 2009 (did not accept the deletion of toy box provision). 17

 Products subject to ASTM F will need certification based on testing by a CPSC accepted, accredited conformity assessment body after December 31,

 Sound-Producing Toys  Battery-Operated Toys  Small Objects  Stuffed and Beanbag-type Toys  Projections  Marbles and Balls  Folding Mechanisms and Hinges  Hemispheric- Shaped Objects  Cords and Elastics in Toys  Yo-Yo Elastic Tether Toys 19

 Wheels, Tires, and Axles  Magnets  Pacifiers  Balloons  Projectile Toys  Certain Toys with Spherical Ends  Rattles  Teethers and Teething Toys  Squeeze Toys 20

 Commission voted to approve (3-2) new independent third party product testing rules for domestic manufacturers, importers and private labelers.  Required to test and certify that their children’s products comply with U.S. product safety standards as required by the Consumer Product Safety Improvement Act of  To meet this requirement for children’s products, the Commission adopted a framework regarding third party periodic testing to ensure continued compliance. 21

 If there is a material change to the product, such as changes in the product design, manufacturing process, or the source of component parts, firms must re-test and re- certify that the product complies with federal safety standards.  Firms must maintain records on the testing and certification for their children’s products. 22

 The testing and certification rule will go into effect 15 months after it is published in the Federal Register.  Children’s products that comply with the law may use the label, “Meets CPSC Safety Requirements.” Labeling is voluntary. 23

 Firms can use component part and finished product testing conducted by their suppliers in order to meet the testing and certification requirements, effective 30 days after the rule is published.  Firms already required to do testing for certification on some products including among others, those with lead in the paint, those with small parts, full size and non-full size cribs, pacifiers and children’s metal jewelry.  New rules will require firms to go beyond initial testing to ensure that their products continue to meet safety standards. 24

 All domestic manufactures, importers and private labelers of children’s products will be required to test the products periodically to ensure continued compliance with federal safety standards 25