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Voluntary Toy Safety Standard Revised; CPSC to Review Changes

ASTM International recently issued a significantly revised version of its voluntary toy safety standard F963 in an effort to revise certain provisions and make certain clarifications. According to information from Intertek, among the changes included in F963-17 are the following:

  • a clarification that for the stored energy projectiles the kinetic energy density requirement only applies to the projectiles that have kinetic energy greater than 0.08 joules
  • a clarification that the cosmetics intended to be applied to a toy are not subject to the Food, Drugs and Cosmetics Act labelling requirements
  • a clarification in the acoustics requirements that the requirements for floor and tabletop toys do not apply to push/pull toys
  • a simplified definition for a low-power circuit by defining it as the one using an effective battery power source that is not capable of delivering more than eight amperes into any variable resistor load for more than one minute (the definition removes the additional criteria that the power of the source does not exceed 15 watts at the end of five seconds)
  • a new reference for the cosmetics requirements for the bacteriological standard for USP purified water: USP 35<1231>, and for the EPA standard for drinking water: 40 CFR 141.63
  • the elimination of the definition of the “driving mechanism” as the term is not used in the standard
  • revised language through numerous sections of the standard from “must” to “shall” in order to emphasise the mandatory nature of the requirements

The CPSIA made ASTM F963 a mandatory consumer product safety standard effective 10 February 2009. Currently, toys sold in the United States must comply with ASTM F963-16. That statute also requires the CPSC to update its mandatory consumer product safety standard for toys with any modifications made by ASTM unless it determines that the proposed revisions do not improve toy safety.

Accordingly, once ASTM International formally notifies the Commission of the most recent changes the Commission will have 90 days to review and make a decision on the new version of F963. If the CPSC informs ASTM International of its determination that the proposed revisions do not improve safety, ASTM F963-16 will remain in force as a consumer product safety rule regardless of the proposed revisions. If the Commission does not respond to ASTM International within 90 days regarding the proposed revisions, 90 days later (180 days total after notification by ASTM International) the proposed revisions will become effective as a consumer product safety rule.

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