All toys intended for use by children 12 years of age and under must be third party tested and be certified in a Children’s Product Certificate as compliant with the applicable children’s product safety regulations, including 16 C.F.R. part 1250 for children’s toys. For more information on certification, visit our CPC business guidance page. Also, please see the following guidance pages for other common requirements for children’s products: lead, lead in paint, phthalates, small parts, durable infant or toddler products, and tracking labels.
It is important to note that the domestic manufacturer or importer (for products manufactured overseas) of children’s toys is responsible for identifying the sections of the toy standard that apply to their company’s product(s).
The “toy safety standard” refers to the version of ASTM F963 incorporated by 16 C.F.R. part 1250. The requirement applies to children’s toys manufactured on or after the effective date of the latest Commission-accepted version. For ASTM F963-23, the effective date is April 20, 2024.
ASTM F963 is a comprehensive standard addressing numerous hazards that have been identified with toys. In 2008, the Consumer Product Safety Improvement Act of 2008 (CPSIA) mandated that the voluntary toy safety standard in effect at that time become a nationwide mandatory children's product safety rule. A digital, read-only version of ASTM F963 is available at ASTM’s electronic reading room.
Third-party testing and certification are required for toys designed or intended primarily for children 12 and under. Once you have identified the applicable requirements for your product, you must use a CPSC-accepted, third-party laboratory to perform testing to show that the product complies with the toy standard. To facilitate the testing of your product, you should contact the laboratory to discuss your product and to procure an estimate itemizing which sections of the standard the laboratory proposes to test your product to for conformity. As a consumer of laboratory services, you may want to procure an estimate from more than one laboratory, as you likely would do with any major purchase. Please also review these helpful questions to ask the laboratory.
No. The toy safety standard is a lengthy document that contains provisions for many different types and classes of toys. There is no one-size-fits-all approach to the toy standard. Different sections of the toy standard apply to different toys.
For example, if your toy does not produce any sound, it would not need to comply with section 4.5 of ASTM F963 which addresses how loud a sound the toy makes; however, there are still many other provisions of the toy standard that may apply to your toy. Because different toys have different characteristics, materials, and functions, every toy needs to be reviewed individually to determine what sections of the standard are applicable.
As a manufacturer or importer, it is your responsibility to review the toy safety standard and to consider which sections of the standard may apply to your product.
You should also check out this guidance page that breaks down the different sections of the toy standard into generally-applicable and toy-specific requirements.
No. Only the following provisions of the toy safety standard (except any referenced labeling and/or instructional labeling requirements), also listed at 16 C.F.R. § 1112.15(b)(32) and this guidance page, require to be tested for compliance by a CPSC-accepted, third-party laboratory:
- Section 4.3.5.1(2) – Surface Coating Materials
- Section 4.3.5.2 – Toy Substrate Materials
- Section 4.3.6 – Cleanliness of Liquids, Pastes, Putties, Gels, and Powders (except for cosmetics and tests on formulations used to prevent microbial degradation)
- Section 4.3.7 – Stuffing Materials
- Section 4.5 – Sound Producing Toys
- Section 4.6 – Small Objects
- Section 4.7 – Accessible Edges
- Section 4.8 – Projections (except bath toy projections)
- Section 4.9 – Accessible Points
- Section 4.10 – Wires or Rods
- Section 4.11 – Nails and Fasteners
- Section 4.12 – Plastic Film
- Section 4.13 – Folding Mechanisms and Hinges
- Section 4.14 – Cords, Straps, and Elastics
- Section 4.15 – Stability and Overload Requirements
- Section 4.16 – Confined Spaces
- Section 4.17 – Wheels, Tires, and Axles
- Section 4.18 – Holes, Clearances, and Accessibility of Mechanisms
- Section 4.19 – Simulated Protective Devices
- Section 4.20.1 – Pacifiers with Rubber Nipples/Nitrosamine Test
- Section 4.20.2 – Toy Pacifiers
- Section 4.21 – Projectile Toys
- Section 4.22 – Teethers and Teething Toys
- Section 4.23.1 – Rattles with Nearly Spherical, Hemispherical, or Circular Flared Ends
- Section 4.24 – Squeeze Toys
- Section 4.25 – Battery-Operated Toys
- Section 4.26 – Toys Intended to Be Attached to a Crib or Playpen
- Section 4.27 – Stuffed and Beanbag-Type Toys
- Section 4.30 – Toy Gun Marking
- Section 4.32 – Certain Toys with Spherical Ends
- Section 4.35 – Pompoms
- Section 4.36 – Hemispheric-Shaped Objects
- Section 4.37 – Yo-Yo Elastic Tether Toys
- Section 4.38 – Magnets
- Section 4.39 – Jaw Entrapment in Handles and Steering Wheels
- Section 4.40 – Expanding Materials
- Section 4.41 – Toy Chests
Sections that DO NOT require third-party testing are as follows:
- Sections pertaining to the manufacturing process, and thus, toys cannot be evaluated meaningfully by a test of the finished product (e.g., the purified water provision at section 4.3.6.1)
- Labeling (section 5), instructional literature (section 6), or producer's markings (section 7) requirements
- Sections that involve assessments conducted by the unaided eye and without any sort of tool or device (e.g., section 4.1 – Material Quality)
Yes. Although certain sections of the toy safety standard are exempted from third party testing, toys must be certified via a CPC as being fully compliant with all applicable sections of the toy safety standard.
Toys intended or designed primarily for children 12 years of age or younger must be third party tested by a CPSC-accepted, third-party testing laboratory and certified by the manufacturer or importer in a Children’s Product Certificate.
Although ASTM F963 applies to toys intended for use by children under 14 years of age, federal law requires third-party testing for items subject to children’s product safety rules. The law defines “children’s products” as consumer products designed or intended primarily for children 12 years of age or younger.
No.
IIn addition, sections of ASTM F963 that involve assessments conducted by the unaided eye and without any sort of tool or device do not require testing by a CPSC-accepted, third-party laboratory. See the complete list of sections that require third party testing at 16 C.F.R. § 1112.15(b)(32).
No. Congress did not include flammability requirements and third party testing requirements for toys when it made the toy safety standard mandatory in 2008.
However, a children’s toy—during its customary and reasonably foreseeable handling or use—must not be a hazardous substance that may cause substantial personal injury or substantial illness during, or as a proximate result of, being an extremely flammable or flammable solid as defined at 16 C.F.R. §§ 1500.3(c)(6)(v) and 1500.3(c)(6)(vi), respectively. This requirement, which is from the Federal Hazardous Substances Act, does not require premarket or third-party testing. This means that there may be situations where a children’s toy that is likely to be used in or around a flame source will need to be tested to ensure that the product is not highly or extremely flammable. If a manufacturer is uncertain, or wishes to test the product to be certain it is not highly flammable, 16 C.F.R. § 1500.44 provides an appropriate test method to use as well as the test method in Annex A5 of ASTM F963.
Not necessarily.
First, "accessible" is defined in section 3.1.2 of ASTM F963, and a toy must be examined for accessible parts both before and after age-appropriate use and abuse testing.
Second, only toys or parts of toys that can be sucked, mouthed, or ingested--both before and after age-appropriate use and abuse testing--need to be tested for the eight soluble heavy elements. This means that toys, or parts of toys that, due to their inaccessibility, size, mass, function, or other characteristics, cannot be sucked, mouthed, or ingested, are not required to be tested for the soluble elements listed above. However, compliance with total lead content limits for such items still may be required under the CPSIA, if they are accessible to touch. The following criteria are considered reasonable for the classification of toys that are likely to be sucked, mouthed, or ingested:
- all toy parts intended to be mouthed or contact food or drink, components of toys which are cosmetics, and components or writing instruments categorized as toys
- toys intended for children less than 6 years of age, where there is a probability that the parts or components of the toy would come into contact with the mouth
Therefore, if your product is age-graded as intended for use for children 6 years and older and is not likely to be sucked, mouthed, or ingested, it does not need to be tested for the solubility of the eight metals.
Note that all accessible components of children's products meet the lead content requirement of 100 ppm. For more information, visit our total lead content business guidance page.
Commission Determinations Regarding Heavy Elements Testing
The Commission determined that the following materials do not need exceed the limits for soluble heavy metals in substrate materials referenced in ASTM F963 section 4.3.5.2 and, as a result, do not require third-party testing:
- Unfinished and untreated wood per 16 C.F.R. § 1251.2
- Engineered wood products (particleboard, hardwood plywood, or medium-density fiberboard) per 16 C.F.R. § 1252.3(b)
- Unfinished, untreated, and unadulterated manufactured fibers made from nylon, polyurethane (spandex), viscose rayon, acrylic or modacrylic, and natural rubber latex per 16 C.F.R. § 1253.2(b)
Cadmium
Section 4.3.5.2(1) states that the accessible substrates in toys (including accessible glass, metal, and ceramic toys or small parts of toys) are subject to the limits set forth with ASTM F963, which specifies, among other requirements, a limit of 75 parts per million of soluble cadmium content (or 50 parts per million for modeling clays that are part of toys). Yet, section 4.3.5.2(2)(d) states that the soluble cadmium content limit is 200µg.
The test procedure for the requirement in section 4.3.5.2(1) is based on a 2-hour extraction period. Section 4.3.5.2(2)(d) specifically states that the section is in addition to the limits referenced in section 4.3.5.2(1), but only for metallic toys or metallic toy components that are small parts. That class of toys cannot exceed a value of 200 µg for total cadmium extracted from an item within a 24-hour period when tested per section 8.3.5.5(3).
Descriptions of the revisions between the mandatory versions of ASTM F963 and the new version of the standard are usually found in the Federal Register notice that accepts the newer version:
- ASTM F963-17 to -23, 89 FR 3344
- ASTM F963-16 to -17, 82 FR 57119
- ASTM F963-11 to -16, 82 FR 8989
Rationale for the changes between the standards are also found in the Annex of the latest ASTM F963 version.
When ASTM International notifies the Commission of proposed revision(s) to ASTM F963, the Commission has 90 days from the date of notification to inform ASTM International if it determines that the proposed revision(s) does not improve the safety of the consumer product covered by the standard.
If the Commission informs ASTM International of its determination that the proposed revision(s) does not improve safety, the existing ASTM F963 standard continues in effect as a consumer product safety rule, regardless of the proposed revision(s).
If the Commission does not respond to ASTM International within 90 days regarding the proposed revision(s) to ASTM F963, 90 days later (180 days total after notification by ASTM International), the proposed revision(s) becomes effective as a consumer product safety rule.
Yes. Children’s toys are subject to additional requirements beyond 16 C.F.R. part 1250:
- Small parts ban and choking hazard labeling: Products intended for children under 3 years of age must not contain small parts or liberate small parts after use and abuse testing. In addition, certain toys containing small parts, balloons, small balls, and/or marbles as received are subject to cautionary labeling requirements. These requirements supersede the various sections of ASTM F963 that restate these requirements.
- Lead in paint and similar surface coatings: Products intended for children 12 years of age or younger must not bear paint and/or similar surface coatings that contain more than 0.009 percent (90 ppm) lead. This requirement supersedes the part of section 4.3.5.1 of ASTM F963 that restates this requirement.
- Total lead content: Products intended for children 12 years of age or younger 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 total lead content. This requirement supersedes the part of section 4.3.5.2 of ASTM F963 that restates this requirement.
- Phthalates: Toys intended for children 12 years of age or younger 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 regulated phthalates. This requirement supersedes the section of ASTM F963 that restates this requirement. This requirement supersedes section 4.3.8 of ASTM F963 that restates this requirement.
- Tracking label: Products intended for children 12 years of age or younger 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). This requirement supersedes sections 5.1.2 and 7 of ASTM F963.
Many of these requirements may be addressed or restated in various sections of ASTM F963, and compliance with the applicable section in ASTM F963 would be satisfied by testing to requirements above. The CPC should reference the proper legal citations for the requirements above instead of the sections under ASTM F963. See this page for guidance on legal citations on a CPC.