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.