U.S. Consumer Product Safety Commission U.S. Regulation of Toys and Children’s Products Marc J. Schoem November 1, 201

1. U.S. Consumer Product Safety Commission U.S. Regulation of Toys and Children’s ProductsMarc J. SchoemNovember 1, 2011ICPHSO Asia-Pacific Symposium Views expressed in this presentation are those of the staff and do not necessarily represent the views of the Commission

2. Overview • Requirements for Toys under the Federal Hazardous Substances Act (FHSA) • Requirements under the Consumer Product Safety Improvement Act (CPSIA) • Mandatory Toy Standards ASTM F963-2008 with toy chest provision (previously voluntary)

3. Key Mandatory Toy Standards • Small Parts Requirements 16 C.F.R. Part 1501 • CSPA Labeling Requirements 16 C.F.R. § 1500.19 and 16 C.F.R. § 1500.121 • Art Material Requirements 16 C.F.R. § 1500.14(b)(8)

4. Key Mandatory Toy Standards • Lead-in-Paint 16 C.F.R. Part 1303 • Electrically Operated Toys/Children’s Products 16 C.F.R. Part 1505 • Sharp Points/Edge Requirements 16 C.F.R. § § 1500.48/49

5. Age Grading of Toys • 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.

6. Age Grading of Toys • 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 2002.

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

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

9. CPSIA Section 102: Certification • 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

10. CPSIA Section 102: Certification • Children’s products must be certified based on testing performed by an accredited and CPSC-approved third party testing lab (Children’s Product Certificate).

11. Third Party Testing and Certification for Children’s Toys Subject to Small Parts • 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.

12. Third Party Testing and Certification for Children’s Toys Subject to Small Parts • 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.

13. CPSIA Section 103: Tracking Labels • Required for all children’s products manufactured after August 14, 2009. • 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.

14. Section 104: Durable Nursery Products/Registration Cards • 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.

15. Durable Nursery ProductsCPSIA section 104(b) • 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

16. Product Registration CardsCPSIA section 104(d) • Required for all categories of durable infant and toddler products • Final rule issued December 29, 2009 with correction on February 22, 2010

17. CPSIA Section 106: Mandatory Toy Standards • Most provisions of ASTM F963-07 became mandatory for toys made after February 10, 2009. • Commission accepted most provisions, and ASTM F963-08 became mandatory for toys made after August 17, 2009 (did not accept the deletion of toy box provision).

18. CPSIA Section 106: Mandatory Toy Standards • Products subject to ASTM F963-08 will need certification based on testing by a CPSC accepted, accredited conformity assessment body after December 31, 2011.

19. Partial List of Requirements in ASTM F963-08 • 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

20. Partial List of Requirements in ASTM F963-08 • Wheels, Tires, and Axles • Magnets • Pacifiers • Balloons • Projectile Toys • Certain Toys with Spherical Ends • Rattles • Teethers and Teething Toys • Squeeze Toys

21. Late Breaking News • 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 2008. • To meet this requirement for children’s products, the Commission adopted a framework regarding third party periodic testing to ensure continued compliance.

22. Testing/Recordkeeping • 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.

23. Testing/Recordkeeping • 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.

24. Component Part Testing • 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.

25. Who Must Test? • 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