Business Guidance FAQ

Home playground equipment meant for indoor use, such as a small slide, may be considered a children’s toy that need to meet the applicable requirements for children’s toys (such as the toy standard per 16 C.F.R. part 1250, or the phthalate requirement per 16 C.F.R. part 1307). Features such as being fixed/anchored to the floor vs. light, portable, or foldable for storage are possible distinguishing factors.

Home playground equipment meant for outdoor use only, on the other hand, may not be considered a toy per 16 C.F.R. part 1250 but may still be subject to the phthalate requirement. There are no specific statutory requirements for home playground equipment meant for outdoor use only; however, such products likely would need to meet the applicable requirements for children’s products if it is primarily designed or intended for children 12 years of age or younger. Further, home playground equipment that has accessories or attachments that are considered toys (e.g., toy periscope feature, toy instrument, sliding puzzle attached to a wall) would be subject to the requirements for children’s toys under 16 C.F.R. part 1250. Manufacturers and importers of outdoor home playground equipment should also review CPSC staff’s recommendations in the Outdoor Home Playground Safety Handbook.

Public use playground equipment is treated similar to outdoor home playground equipment (see above). Manufacturers and importers of public use playground equipment should also review CPSC staff’s recommendations in the Public Playground Safety Handbook (includes a list of industry consensus standards, commonly referred to as voluntary standards, for both public and residential playgrounds) and the Public Playground Safety Checklist.

For more information, visit our playground equipment business guidance page.

There are general requirements for products intended for children 12 years of age or younger:

• Small parts: Products intended for children under 3 years of age must not contain small parts or liberate small parts after use and abuse testing.
• Lead in paint and similar surface coatings: Children’s products must not bear paint and/or similar surface coatings that contain more than 0.009 percent (90 ppm) lead.
• Total lead content: Children’s products must not contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part. 16 C.F.R. § 1500.87 addresses determination of accessibility for the purposes of the total lead content regulation.
• Phthalates: Children’s toys as defined per 16 C.F.R. § 1307.2(a) and child care articles must not contain greater than 0.1 percent (1000 ppm) of any regulated phthalate in any accessible component part. 16 C.F.R. § 1307.3 lists the regulated phthalates, and 16 C.F.R. part 1199 addresses determination of accessibility for the purposes of the regulated phthalates regulation.
• Toy safety: Children’s toys must meet 16 C.F.R. part 1250 which incorporates ASTM F963 by reference. Applicable requirements under ASTM F963 include, but are not limited to, material quality, solubility of certain heavy metals, sharp edges, and sharp points.
• Third-party testing: Children’s products must be tested for compliance to applicable safety regulations by a third-party, CPSC-accepted laboratory.
• Certification: Domestic manufacturers or importers of children’s products must generate a Children’s Product Certificate (CPC) certifying compliance to the applicable safety regulations and ensures that a CPC accompanies the distribution of the product.
• Tracking label: Children’s products must bear distinguishing, permanent marks on the product and any packaging that allow consumers to ascertain the identity of the manufacturer or private labeler, date and place of manufacture, detailed information on the manufacturing process (i.e., batch or run number), and the specific source of the product (e.g., address of the specific manufacturing plant).