Business Guidance FAQ

A constant air inflatable play device (commonly known as a “bounce house”) is a structure relying on a continuous supply of air pressure to maintain its shape, on or in which users play (ASTM F2729-18 section 3.1.3). There is no mandatory CPSC performance standard for constant air inflatable play devices; however, there is a voluntary performance standard for these products that represents industry best practices. The appropriate performance standard depends on whether the amusement device will be used in a commercial setting, such as an amusement park or jump center, or at home:

• ASTM F2374 – Standard practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices
• ASTM F2729 – Standard Consumer Safety Specification for Constant Air Inflatable Play Devices for Home Use

The standards may be purchased from ASTM by following the hyperlink provided or by visiting astm.org.

Constant air inflatable play devices primarily designed or intended for use by children 12 years of age and younger need to meet additional CPSC product safety requirements for total lead content, lead in paint or similar surface coating (if such coatings are present), phthalates (for plasticized component materials), tracking label, and the production of a Children’s Product Certificate (CPC). More information about each of these requirements can be found via the links provided.

Additionally, manufacturers and importers of these products should be mindful of a legal obligation under section 15 of the Consumer Product Safety Act to report to the Commission when they receive information that may reasonably support the conclusion that a product:

1. fails to comply with any requirement enforced by the Commission;
2. contains a defect that could pose a hazard to consumers; or
3. creates an unreasonable risk of injury or death.

More information about reporting requirements can be found at www.cpsc.gov/reporting.

Walk-behind power lawn mowers that are consumer products must comply with a mandatory federal consumer product safety standard: 16 CFR Part 1205, the Safety Standard for Walk-Behind Power Lawn Mowers. This standard also requires on-product labeling.

Mowers that meet all three of the following characteristics, as described in 16 CFR § 1205.1(c)(1), are not covered by the standard and do not require the issuance of a GCC:

1. a cutting width of 30 in. (762 mm), or greater;
2. a weight of 200 lbs. (90.7 kg), or more; and
3. for engine-powered mowers, an engine of 8 horsepower (6 kw), or more.

Reel-type mowers are not required to meet the performance requirements in the standard, but they must be labeled, as required by 16 CFR § 1205.6.

Manufacturers (or importers) must issue a General Certificate of Conformity (GCC) certifying compliance with the standard for all covered power lawn mowers.

Section 2 of a GCC requires a list of applicable citations for the product being certified. The citation for walk-behind power lawn mower is: 16 CFR Part 1205.

Sporting and camping equipment not designed or intended primarily for use by children age 12 or under, would likely be considered a general-use product by the CPSC. Voluntary standard,CPAI-84: A Specification for Flame-Resistant Materials Used in Camping Tentage, provides a flammability testing protocol for general-use camping tents. If applicable to your product, see the sections below on General Certificates of Conformity and your Mandatory Reporting Obligation.

Sporting and camping goods designed or intended primarily for children ages 12 and under are specifically excluded from the US Toy Standard, ASTM F963-17, but would still need to meet certain other mandatory children’s product safety requirements.

Additionally, a consumer product cannot create a substantial risk of injury as a result of being extremely flammable. For sporting and camping equipment that will likely be used near a flame source (such as an outdoor tent), a manufacturer or importer needs to ensure that this product does not pose a risk of being highly flammable or an extremely flammable solid. Importers and manufacturers of these products should conduct flammability testing to one of these three flammability testing protocols: (1) 16 CFR § 1500.44, (2) the test method provided in Annex A5 of the U.S. Toy Safety Standard, ASTM F963-17, or (3) the voluntary standard CPAI-84 outlined above.

For more information on the requirements in place for your consumer product, please visit CPSC’s Regulatory Robot tool: https://business.cpsc.gov/robot.

As defined in ASTM F2011, a fun-kart is a motorized vehicle with four wheels, excluding vehicles that the operator and passenger, if any, sit astride, sold commercially as consumer goods, and intended for private personal recreational use by consumers for off-road use on suitable terrain, as recommended by the manufacturer, at maximum speeds over 12 mph (19.3 km/h) but not exceeding 40 mph (64.4 km/hr.) (ASTM F2011)

There is no mandatory CPSC standard for fun-karts; however, there is a voluntary standard for fun-karts that represents industry best practices: ASTM F2011-02 (2010) Standard Specification for Safety and Performance of Fun-Karts. The standard may be purchased from ASTM by following the hyperlink provided or by visiting astm.org.

Toy, look-alike, and imitation firearms are any devices that have the appearance, shape, and/or configuration of a firearm. Per 15 U.S.C. § 5001, the term “look-alike firearm” includes:

• Toy guns
• Water guns
• Replica nonguns
• Air-soft guns firing nonmetallic projectiles

The term “look-alike firearm” does not include:

• Non-firing collector replica antique firearms
• Traditional B-B, paint-ball, or pellet-firing air guns
• Decorative, ornamental, and miniature objects that have the appearance of a firearm and measure no more than 38 mm by 70 mm (excludes any gun stock length)

The rule that CPSC now enforces carries over, without substantive changes, the existing requirements that toy, look-alike, and imitation firearms utilize one of the below approved markings listed at 16 CFR § 1272.3. Since 1989, these same requirements have been found at 15 CFR § 272.3:

• A blaze orange (AMS STD 595A–17 color 12199) or orange color brighter than that specified by the AMS standard color number, solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 mm from the muzzle end of the barrel;
• A blaze orange (AMS STD 595A–17 color 12199) or orange color brighter than that specified by the AMS standard color number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 mm;
• Construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device's complete contents;
• Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern.

For more information, visit our toy, look-alike, and imitation firearm business guidance page and our CPSC Webinar: Toy, Look-alike, and Imitation Firearms

Toy, look-alike, or imitation firearms that are used in the theatrical, movie, or television industry are exempt provided that the firm has requested a waiver that is granted by CPSC. Requests for a waiver must be made in writing and include a physical sample of the product along with a sworn affidavit. Firms should email their request to RegulatoryEnforcement@cpsc.gov and mail samples to:

No. CPSC does not conduct pre-market approval of consumer goods.

Neither the statute nor the regulation specifically defines “permanently affixed”; therefore, it is ultimately the responsibility of the domestic manufacturer or importer of record to ensure that any required plugs or markings are permanent. An example of a non-permanent fixture is a plastic, orange plug that has threading so that it can be removed from the end of the barrel.

Section 14(a) of the Consumer Product Safety Act (CPSA) requires manufacturers and importers of consumer 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 certificate of compliance: Children’s Product Certificate (CPC) for children’s products or General Certificate of Compliance (GCC) for general-use products.

Certifying to 16 CFR part 1272 for general-use products does not require laboratory testing, because the regulation does not contain a testing methodology. A manufacturer or importer of toy, look-alike and imitation firearms can assure a high degree of compliance with 16 CFR part 1272 by conducting an internal quality assurance program for their products.

For toy, look-alike, and imitation firearms, the citation to use in section 2 of the certificate is 16 CFR part 1272.

General-use Product Compliance and Certification

As stated above, certification to the requirements of 16 CFR part 1272 does not need to be based upon laboratory testing. In short, manufacturers and importers of general-use products do not need to conduct third party testing in order to assure product compliance and issue a GCC. Instead certification in this situation can be based upon an internal compliance review, known officially in the law as a “reasonable testing program” (see the FAQ "What is a reasonable testing program?" on our GCC FAQ). For toy, look-alike, and imitation firearms, such a program could be based upon internal quality assurance checks to ensure a high degree of compliance with the requirements. For more information on general-use product certification, visit our GCC business guidance page. In general, preparation and delivery of a GCC is expected to take no more than 2-3 hours per product—and usually less than 1 hour.

Children’s Product Compliance and Certification

In addition to meeting the requirements of 16 CFR part 1272, manufacturers and importers of toy, look-alike, and imitation firearms that are primarily intended for use by children 12 years of age and younger must meet additional consumer product safety requirements. (See our Children’s Product Business Guidance Page)

All children’s products must comply with the total lead content requirements found at 15 U.S.C. § 1278a. Additionally, any children’s products containing paint or similar surface coatings must comply with lead in paint requirements under 16 CFR part 1303. Children’s products must further comply with CPSC tracking label requirements (see our training video).

Toy guns designed, manufactured, or marketed as a plaything for children need to meet additional requirements under the U.S. Toy Standard: 16 CFR part 1250/ASTM F963. Read-only copies of ASTM standards that are incorporated by reference, including ASTM F963, can be viewed at ASTM’s electronic Reading Room. Plastic components on children’s toy guns would need to comply with phthalate content limits under 16 CFR part 1307.

Compliance with one or more of these additional children’s product requirements likely require third-party testing at a CPSC-accepted laboratory. For more information on children’s product certification, visit our CPC business guidance page.

A manufacturer or importer certifying product compliance can list multiple products on a single GCC or CPC. However, CPSC staff generally recommends listing only similar products on a single certificate. For example, if five products have the same design with only minor differences (e.g., different colors), all those products can be listed on a single certificate.

The difference is largely based on the material used for the projectile. In general, air guns that fire metal projectiles are considered “pellet-firing air guns,” and are excluded from the scope of 16 CFR part 1272. Air-soft guns firing nonmetallic projectiles, such as plastic BBs, are included in the definition of "Look-alike firearm" under 15 U.S.C. § 5001(c), and would be within scope of 16 CFR part 1272.

No, this rule does not affect products already owned by consumers. The CPSC does not regulate how consumers use or enjoy their products.