US CPSC approves ASTMF963-23 as mandatory standard for Toy Safety

On January 18, 2024, the U.S. Consumer Product Safety Commission (CPSC) approved ASTM F963-23 as the mandatory toy safety standard under 16 CFR 1250, the “Toy Safety Regulation.” Unless the CPSC receives significant objections by February 20, 2024, it will take effect on April 20, 2024.

The main updates in ASTM F963-23 are as follows:

1. Heavy Metals in Substrates
   • Separate descriptions for exemptions have been added to make them clearer.
   • Added determinations for what is considered accessible, clarifying that paint, coatings, or plating are not considered inaccessible barriers. Additionally, if a toy or component is covered with fabric and any dimension is less than 5 centimeters, or if the fabric cannot pass reasonable use and abuse testing to prevent accessible internal parts, then the fabric covering is also not considered an inaccessible barrier.
2. Phthalates
   • Revised phthalate requirements, specifying that the following 8 phthalates in accessible plastic materials in toys must not exceed 0.1% (1000 ppm):
     • Di(2-ethylhexyl) phthalate (DEHP)
     • Dibutyl phthalate (DBP)
     • Benzyl butyl phthalate (BBP)
     • Diisononyl phthalate (DINP)
     • Diisodecyl phthalate (DIDP)
     • Di-n-pentyl phthalate (DPENP)
     • Di-n-hexyl phthalate (DHEXP)
     • Dicyclohexyl phthalate (DCHP), consistent with federal regulation 16 CFR 1307.
3. Acoustics
   • Revised the definition of sound-producing push-pull toys to provide clearer distinctions between push-pull toys and tabletop, floor, or crib toys.
   • Added misuse testing requirements for sound-producing toys for children aged 8 and above, specifying that toys intended for use by children under 14 years old must meet sound requirements before and after use and misuse testing. For toys intended for children aged 8 to 14, testing requirements apply to children aged 36 to 96 months.
4. Batteries
   • Increased requirements for battery accessibility:
     • Toys for children aged 8 and above must also undergo misuse testing.
     • Screws on battery covers must not loosen after misuse testing.
     • Special tools provided to open battery compartments must be explained in the instructions: reminding consumers to keep the tool for future use, stating that the tool should be kept out of reach of children, and clarifying that the tool is not a toy.
5. Expansion Materials
   • Revised the scope to include expansion materials that are non-components.
   • Corrected errors in testing size tolerance.
6. Projectile Toys
   • Removed previous requirements regarding storage conditions for temporary projectile toys.
   • Adjusted the order of provisions for better logic.
7. Labeling
   • Added requirements for traceability labels, requiring toys and their packaging to include traceability labels containing certain basic information, including:
     • Manufacturer or private labeler name.
     • Place and date of production for the product.
     • Detailed information about the manufacturing process, such as batch or run number, or other identifying features.
     • Any other information helpful in determining the specific origin of the product.

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