Toy Safety Business Guidance

Section 106 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), 15 U.S.C. § 2056b, made ASTM F963 a mandatory consumer product safety standard for children’s toys. The requirement is codified at 16 C.F.R. part 1250, and 16 C.F.R. § 1250.2 identifies the latest Commission-accepted version of ASTM F963 that is mandatory. See the “Previous Versions of the Standard” section below for effective dates.

Per 16 C.F.R. § 1250.2(b), sections of ASTM F963 that restate or incorporate an existing mandatory standard, ban, statute, or regulation already enforced by the CPSC (such as section 4.2 – Flammability) and the U.S. Food and Drug Administration (such as section 4.3.4 – Cosmetics) are not part of the mandatory requirement for children’s toys under 16 C.F.R. part 1250.

A “toy” is defined as any object designed, manufactured, or marketed as a plaything for children under 14 years of age but does not include:

• Bicycles
• Tricycles
• Non-powered scooters as defined in ASTM F2264
• Recreational powered scooters and pocket bikes as defined in ASTM F2641
• Sling shots and sharp-pointed darts
• Playground equipment
• Non-powder guns
• Kites
• Hobby and craft items in which the finished item if not primarily of play value
• Model kits in which the finished item is not primarily of play value
• Crayons, paints, chalks, and other similar art materials in which the material itself or the finished item is not primarily of play value
• Sporting goods, camping goods, athletic equipment, musical instruments, juvenile products, and furniture (except toy counterparts of such products)
• Powered models of aircraft, rockets, boats, and land vehicles (except toy counterparts of such products)
• Constant air inflatables

While ASTM F963 includes products intended for children under 14 years of age within its scope, the testing and certification requirements from the CPSC only apply to products designed or intended primarily for children 12 years of age or younger. This means that any toys intended for a 13+ year old audience might be subject to the requirements found in ASTM F963, but those products would not need to be third party tested at CPSC-accepted laboratory, nor would the manufacturers and importers of those toys need to certify compliance in a Children’s Product Certificate (CPC).

Read-only copies of ASTM standards that are incorporated by reference can be viewed at ASTM’s electronic Reading Room. Other ASTM standards that are referenced in ASTM F963 may need to be purchased from ASTM.

Guidance on Individual Sections

ASTM F963 is intended to cover a wide variety of safety requirements for all sorts of toys. As a result, not all sections of ASTM F963 are applicable to all products. Firms must identify which sections are applicable for their specific product. To assist with this identification, check out this guidance page that breaks down the different sections of ASTM F963 into generally-applicable and toy-specific requirements. The following also provides some brief information about the individual sections.

DISCLAIMER: The following information is summarized and may not capture nuances of certain requirements, nor should it be relied upon exclusively for the purposes of compliance. Responsible firms are highly recommended to review the actual text of ASTM F963 for more detailed information. Additionally, a read-only copy of ASTM F963 is available at ASTM’s electronic Reading Room.

4.1 – Material Quality
This requirement is to ensure that the product is clean and free from infestation. Since it is a visual assessment that can be conducted by the naked eye, it is NOT subject to third-party testing.

4.2 – Flammability
This section is not mandatory per 16 C.F.R. § 1250.2(b), nor does this section require third party testing or certification in a CPC. Note that under 16 C.F.R. § 1500.3(b)(15)(i)(A) children’s toys that contain a flammable solid are banned hazardous substances.

4.3 – Toxicology
There are several requirements here, some of which are under CPSC's jurisdiction and others that fall under the purview of other government agencies. The following provisions are enforced by CPSC:

• 4.3.1 – Hazardous Substances
  A mandatory requirement which prohibits the presence of hazardous substances in children’s products already exists at 16 C.F.R. § 1500.3(b)(15)(i)(A), with some exemptions as listed at 16 C.F.R. §§ 1500.85 and 1500.86. See our hazardous substances business guidance page for more information.
• 4.3.5.1 – Paint and Similar Surface-coating Materials
  A mandatory requirement which prohibits excessive levels of lead in paints and similar surface coatings in children’s products already exists at 16 C.F.R. part 1303. Certificates for toys bearing paint and similar surface coatings must include “16 C.F.R. part 1303” in addition to this section. See our lead in paint business guidance page for more information. The other heavy metals (antimony, arsenic, barium, cadmium, chromium, mercury, and selenium) have individual limits for solubility.
• 4.3.5.2 – Toy Substrate Materials
  A mandatory requirement which prohibits excessive levels of lead in accessible substrates of children’s products already exists at 15 U.S.C. § 1278a. Certificates must include “15 U.S.C. § 1278a” in addition to this section. See our total lead content business guidance page for more information. The other heavy metals (antimony, arsenic, barium, cadmium, chromium, mercury, and selenium) have individual limits for solubility; metallic components which are small parts have a lower cadmium limit. Materials that are subject to a total lead content exemption (16 C.F.R. § 1500.88) or testing determination (16 C.F.R. parts 1251, 1252, 1253, or 1500.91) are excluded from this requirement. Please note that toys that cannot be sucked, mouthed, or ingested are generally considered outside the scope of these requirements. Please see Note 5 and Note 6 in the standard for further discussion.
• 4.3.6 – Cosmetics, Liquids, Pastes, Putties, Gels, Powders, and Items of Avian Feather Origin
  All of the listed materials must comply with certain bacteriological requirements.

4.4 – Electrical/Thermal Energy
A mandatory requirement already exists for electrically operated toys at 16 C.F.R. part 1505. Certificates for electrically operated toys must list “16 C.F.R. part 1505” instead of this section.

4.5 – Sound-producing Toys
These requirements are intended to minimize the possibility of hearing damage that might be caused by toys that are designed to produce sound. Manufacturers and importers of sound-producing toys should review this section of ASTM F963 carefully to ensure that their products are safe and compliant with the various sound and volume measuring requirements. Please note there are also several products that are excepted from these requirements. Please review section 4.5 directly for a full list.

4.6 – Small Objects
A mandatory requirement which bans small parts in certain children’s products already exists at 16 C.F.R. part 1501. Certificates for such products must list "16 C.F.R. part 1501” either instead of or in addition to this section depending on other applicable requirements under this section. For example, mouth-actuated toys for children under 3 must not release any loose components when subjected to the appropriate test under this section, and they must also not release a small part per 16 C.F.R. part 1501; certificates for such products would list both this section and 16 C.F.R. part 1501.

The section also mentions labeling requirements, but a mandatory requirement for labeling of toys with small parts already exists at 16 C.F.R. § 1500.19(b)(1); certificates do not need to include a citation for this labeling requirement.

4.7 – Accessible Edges
Toys for children under the age of 8 must not have hazardous edges, as defined in 16 C.F.R. § 1500.49, before and after use-and-abuse testing. Accessible edges (includes threading on bolts/rods) must be free of burrs and feathering.

Toys with functional hazardous edges may be allowed if they are appropriately labeled as detailed in section 5.8.

4.8 – Projections
Toys for children under the age of 8 must not pose a puncture hazard before and after use-and-abuse testing.

4.9 – Accessible Points
Toys for children under the age of 8 must not have hazardous points, as defined in 16 C.F.R. § 1500.48, before and after use-and-abuse testing.

Toys with functional hazardous points may be allowed if they are appropriately labeled as detailed in section 5.8.

4.10 – Wires and Rods
All wires and rods, regardless of material, must have finished ends to avoid hazardous points/burrs. This can also be achieved by turning the ends back or covering the ends.

Metal wires may not facture and produce a hazardous point/edge when subjected to the applicable test.

4.11 – Nails and Fasteners
Nails and fasteners points must not present a projection hazard, nor can they protrude so as to be accessible to a child during play. See section 4.17 for additional requirements related to axels.

4.12 – Plastic Film
Certain plastic film (includes packaging) must have an average thickness greater than 0.00150 in. (0.03175 mm) or be perforated such that 1% of the surface is removed.

4.13 – Folding Mechanisms and Hinges
These requirements are intended to eliminate possible crushing, laceration, or pinching hazards that might occur in folding mechanisms and hinges. Such mechanisms must meet applicable performance requirements as detailed in this section.

4.14 – Cords, Straps, and Elastics
Accessible cords, straps, and elastics found in toys intended for children under 18 months of age in some circumstances and intended for children under 36 months of age in other instances, must meet certain length and/or performance requirements. Examples of such products range from pull toys to kites.

4.15 – Stability and Over-load Requirements
Ride-on toys, regardless of whether they are intended to stand on their own or are assisted by the rider, must meet certain stability requirements. Such toys also must not collapse when subjected to the overload test.

Certain “ride-on toys” may meet the statutory definition of an all-terrain vehicle (ATV). Such products would be subject to 16 C.F.R. part 1420 instead of ASTM F963. For more information on ATV requirements, as well as CPSC guidance for categorizing youth ATVs, visit our ATV business guidance page.

4.16 – Confined Spaces
Toys with doors/lids or create other enclosed spaces that can surround the head must allow for adequate ventilation, and the closure may not have automatic locking devices.

4.17 – Wheels, Tires and Axles
Toys with wheels, tires, and axels must not pose a laceration, puncture, or ingestion hazard before and after use-and-abuse testing.

4.18 – Holes, Clearance, and Accessibility of Mechanisms
Toys with holes, clearances, and accessibility to moving parts must not pose a laceration hazard before and after use-and-abuse testing. There are specific performance requirements for certain situations, such as chains/belts in power transmissions requiring them to be shielded.

4.19 – Simulated Protective Devices
Toy versions of simulated protective devices (such as toy goggles or helmets) must meet certain performance requirements and not pose a hazard before and after use-and-abuse testing. Such toys must also be labeled to clearly indicate they are not safety protective devices.

4.20 – Pacifiers
A mandatory requirement for pacifiers already exists at 16 C.F.R. part 1511. Toy pacifiers also must not have excessive levels of nitrosamine as specified in ASTM F1313 (available for purchase at IHS Standards Store). Certificates for toy pacifiers must include “16 C.F.R. part 1511” as well as this section.

4.21 – Projectile toys
Certain toys that can fire projectiles must meet certain performance requirements, such as ensuring the projectiles are not small parts or that they cannot exert excessive force when impacting a surface. Projectile toys that used stored energy to release the projectile must also prevent the use of improvised projectiles.

4.22 – Teethers and Teething Toys
Certain teethers and teething toys must comply with 16 C.F.R. part 1510. Such toys with domed ends must meet additional performance requirements.

4.23 – Rattles
A mandatory requirement for rattles already exists at 16 C.F.R. part 1510. Toy rattles with domed ends must meet additional performance requirements. Certificates for toy rattles must include “16 C.F.R. part 1510” as well as this section.

4.24 – Squeeze Toys
Certain squeeze toys intended for children under the age of 18 months must meet the dimensional requirements referenced in 16 C.F.R. part 1510. Squeeze toys with domed ends must meet additional performance requirements.

4.25 – Battery-operated Toys
Toys that are operated by any kind of battery must meet certain requirements depending on the specifics of the actual battery itself. Requirements include preventing children from accessing the battery during play time, labeling, and ensuring the battery does not overheat. There are also requirements for chargers that may be supplied with such toys.

4.26 – Toys intended to be Attached to a Crib or Playpen
Such toys must not pose a hazard before and after use-and-abuse testing. There are also labeling requirements for crib mobiles and crib gyms.

4.27 – Stuffed and Beanbag-type Toys
Seams for such toys must not rip during testing. This test is required in addition to other applicable use and abuse testing required in this standard for stuffed and beanbag-type toys.

4.28 – Stroller and Carriage Toys
Toys for strollers and carriages must meet labeling requirements.

4.29 – Art Materials
A mandatory requirement for art materials already exists at 16 C.F.R. § 1500.14(b)(8), also known as the Labeling of Hazardous Art Materials Act (LHAMA). The requirements of LHAMA are not a testing and certification requirement; therefore, there is no citation to include on a certificate. See our art materials business guidance page for more information.

4.30 – Toy Gun Marking
Toy, look-alike, and imitation firearms, as defined in this section, must be permanently marked or manufactured with certain bright colorations to minimize the potential for a toy gun to be mistaken for a real firearm. The toy gun markings mandated by this section must be permanent and must remain in place after undergoing use and abuse testing.

The section 4.30 requirements are similar to those found in 16 C.F.R. part 1272, except that the toy standard requires toy guns to undergo use and abuse testing, whereas 16 C.F.R. part 1272 does not. See our toy, look-alike, and imitation firearms business guidance page if you are making or importing an imitation firearm that is not considered a children’s toy.

4.31 – Balloons
A mandatory labeling requirement for latex balloons already exists at 16 C.F.R. § 1500.19(b)(2). Neither the C.F.R. reference nor this section need to be included on a certificate.

4.32 – Certain Toys with nearly Spherical Ends
These performance requirements are intended to address a potential impaction hazard associated toys containing nearly spherical ends, such as large fasteners/screws with a domed head or mallets with spherical ends that come with toy percussion instructions.

4.33 – Marbles
A mandatory labeling requirement for marbles already exists at 16 C.F.R. § 1500.19(b)(4). Neither the C.F.R. reference nor this section need to be included on a certificate.

4.34 – Balls
A mandatory labeling requirement for small balls already exists at 16 C.F.R. § 1500.19(b)(3). Neither the C.F.R. reference nor this section need to be included on a certificate.

4.35 – Pompoms
Any pompoms that detach from toys during abuse testing must not fit through a 1.75-in diameter hole under its own weight.

4.36 – Hemispheric-shaped Objects
Certain toys shaped like cups, bowls, etc. must have openings that meet specified requirements to prevent the toy from posing a suffocation hazard.

4.37 – Yo Yo Elastic Tether Toys
Certain toys with elastic cords and that have an end mass greater than 0.02kg (0.044 lb) must have a tether length less than 50 cm (20 in.) when tested.

4.38 – Magnets
Loose magnets and magnetic components that come as-received or are liberated as a result of use-and-abuse testing and that fit within the small part cylinder at 16 C.F.R. part 1501 must have a flux index less than 50.

Educational toys intended for children aged 8 and older may contain such magnets if they are appropriately labeled.

The CPSC also regulates certain other magnetic products not covered by section 4.38 of ASTM F963 in 16 C.F.R. part 1262. See our magnet business guidance page for more information on those products.

4.39 – Jaw Entrapment in Handles and Steering Wheels
Toys with handles and steering wheels with openings that allow a 0.75 in. by 0.75 in. by 1 in. block must also allow a 1.5 in. by 2.5 in. by 1 in. block. Both blocks must be oriented such that the 0.75 in. by 0.75 in. plane and 2.5 in. by 1.5 in. plane is parallel with the opening.

4.40 – Expanding Materials
Expanding materials in toys (such as those that absorb water and get bigger) and that fit within the small part cylinder at 16 C.F.R. part 1501 must completely pass through a 2 mm (0.08 in.) hole when 20 N (4.5 lbf) of force is applied.

4.41 – Toy Chests
Toy chests must meet certain performance requirements to prevent pinching, crushing, laceration, and suffocation hazards.

5 – Labeling Requirements
Certain toys have specific labeling requirements that need to be met. These toys are:

• Toys containing hazardous substances (some children’s products are exempt from being a banned hazardous substance per 16 C.F.R. § 1500.86)
• Aquatic toys
• Crib and playpen toys
• Mobiles
• Stroller and carriage toys
• Toys intended to be assembled by an adult
• Simulated protective devices (e.g., toy helmets or toy safety goggles)
• Toys with functional sharp edges or points
• Battery-operated toys
• Magnets

There are additional labeling requirements, such as age grading and statements on promotional materials. Note that labeling requirements do not require compliance assessment by a CPSC-accepted, third-party laboratory.

6 – Instructional Literature
Certain toys must have instructions that bear specified language. These include crib and playpen toys, mobiles, toys that are assembled by either the child or an adult, battery-operated toys, certain ride-on toys, food-contact toys, and toy chests.

7 – Producer’s Markings
Section 7.1 requires that either the product or the packaging of a toy must be marked with the name and address of the producer of distributor of the product. In this section “address” can also include a digital address such as a website address. Sections 7.2. and 7.3 have marking requirements for certain ride-on toys and toy chests respectively.

In addition to the above, children’s products must also comply with the CPSC tracking label requirement (referenced in section 5.1.2 of ASTM F963) found at 15 U.S.C. § 2063(a)(5). The tracking label requirement differs from the requirements in this section in that the permanent markings must be on the product AND its packaging. For more information, visit our tracking label business guidance page.

8 – Test Methods
This section outlines the test methods used to determine compliance with the applicable performance requirements primarily found in section 4. Subsections here typically do not contain the actual requirement. Firms should list the individual subsections under section 4 instead of any subsection under section 8 for the purposes of certification.

Certification

Section 14(a)(2) of the Consumer Product Safety Act (CPSA) requires manufacturers and importers of children’s products subject to a regulation, standard, or ban enforced by the CPSC to certify that those products meet the requirements of the standard by issuing a CPC. For children’s toys, the citation to use in section 2 of the CPC is “16 C.F.R. part 1250 – Children’s toys” followed by a list of the applicable ASTM F963 sections. Check out this guidance page for help on determining which sections need certification. For more information on creating a CPC, visit our CPC business guidance page.

Previous Versions of the Standard

Since 16 C.F.R. part 1250 is a consumer product safety standard under the CPSA, the effective date of any successor standard is tied to the date of manufacture (regardless of whether the product was manufactured outside of the US). See 15 U.S.C. § 2058(g)(1). This means that children’s toys certified to an older version of ASTM F963 may still be compliant depending on its date of manufacture:

Additional Information

• Children's toy FAQs
• How to use CPSC’s Regulatory Robot for children’s toy (toy train example): Toy Train Video (youtube.com)
• ASTM F963 Chart

Contact

For more information, please contact the Small Business Ombudsman (SBO) team:

• SBO contact form
• Toll-free: (888) 531-9070
• Email: SBO@cpsc.gov