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- ASTM F963 and CPSIA: CPSC toy safety rules (16 CFR 1250)
ASTM F963 and CPSIA: CPSC toy safety rules (16 CFR 1250)
Every toy sold in the United States must meet ASTM F963-23, the edition that 16 CFR 1250.2(a) has made mandatory since 20 April 2024. Because a toy is a children's product (designed or intended primarily for children 12 or younger), it also needs third-party testing by a CPSC-accepted laboratory and a Children's Product Certificate (CPC), which importers have had to eFile with US Customs since 8 July 2026. This page follows the primary texts (the CPSIA, 16 CFR Parts 1107, 1110, 1112, 1250, 1303, 1307 and 1500, and the Federal Register rules behind them) through the toy standard, the 2025 to 2026 additions for water beads and neck floats, the lead and phthalate limits, tracking labels, choking warnings and electric toys, and lists the common readings the texts contradict.
TL;DR:
- Mandatory toy standard: ASTM F963-23 (16 CFR 1250.2(a)), less section 4.2 and Annex 5. Water bead toys (1250.4, from 12 March 2026) and neck floats (1250.5, from 15 June 2026) carry extra federal requirements.
- Lead: 100 ppm total lead in accessible parts (products made after 14 August 2011) and 90 ppm in paint and surface coatings (since 14 August 2009), tested separately.
- Phthalates: eight are banned above 0.1 percent in children's toys and child care articles (16 CFR 1307.3).
- CPC: one product per certificate, eFiled in CBP ACE at entry since 8 July 2026 (foreign trade zone entries from 8 January 2027).
Key dates
Section titled “Key dates”| Date | What applies | Source |
|---|---|---|
| 14 August 2008 | CPSIA enacted | Public Law 110-314 |
| 12 December 2008 | Choking warnings required in Internet advertising | 16 CFR 1500.20(b) |
| 10 February 2009 | ASTM F963-07 mandatory; lead limit 600 ppm; DEHP, DBP, BBP banned above 0.1 percent; warnings in catalogues printed from this date | CPSIA sections 101, 106, 108; 16 CFR 1500.20(b) |
| 14 August 2009 | Lead limit 300 ppm; paint limit 90 ppm; tracking labels | 15 U.S.C. 1278a; 16 CFR 1303.1; CPSA section 14(a)(5) |
| 14 August 2011 | Lead limit 100 ppm, for products manufactured after this date | 15 U.S.C. 1278a(a)(2)(C) and (a)(3) |
| 30 April 2017 | ASTM F963-16 mandatory | 82 FR 8989 |
| 28 February 2018 | ASTM F963-17 mandatory, with a CPSC exception on push and pull toy sound limits | 82 FR 57119 |
| 25 April 2018 | Phthalate list becomes DINP, DIBP, DPENP, DHEXP, DCHP plus the three permanent ones | 82 FR 49938; 16 CFR 1307.3 |
| 23 October 2023 | Reese's Law performance rule for products with button or coin cells (toys complying with Part 1250 exempt) | 16 CFR 1263.1(b) and (c) |
| 20 April 2024 | ASTM F963-23 mandatory; the F963-17 sound exception removed | 89 FR 3344 |
| 12 March 2026 | Water bead requirements | 16 CFR 1250.4; 90 FR 57820 |
| 15 June 2026 | Neck float requirements | 16 CFR 1250.5; 90 FR 58096 |
| 8 July 2026 | CPC data eFiled in CBP ACE at entry | 16 CFR 1110.13(a)(1); 90 FR 1800 |
| 8 January 2027 | Same eFiling duty for products entered from a foreign trade zone | 90 FR 1800 |
The CPSIA, section by section
Section titled “The CPSIA, section by section”The CPSC (Consumer Product Safety Commission) is the independent federal agency created by the Consumer Product Safety Act (CPSA) of 1972. The CPSIA does not stand alone: most of its sections amend the CPSA or the FHSA, and the toy rules a test plan cites are the regulations CPSC adopted under them.
| CPSIA section | What it did | Where it lives now |
|---|---|---|
| 101 | Lead limits for children's products (600, 300, then 100 ppm) and 90 ppm for paint | 15 U.S.C. 1278a; 16 CFR 1303; 16 CFR 1500.87 to 1500.91 |
| 102 | Third-party testing and certificates for children's products | CPSA section 14 (15 U.S.C. 2063); 16 CFR 1107, 1110, 1112 |
| 103 | Tracking labels on children's products and packaging | CPSA section 14(a)(5) |
| 105 | Choking warnings in Internet, catalogue and printed advertising | FHSA section 24(c) (15 U.S.C. 1278); 16 CFR 1500.20 |
| 106 | ASTM F963 made a mandatory consumer product safety standard, with a revision procedure | 15 U.S.C. 2056b; 16 CFR 1250 |
| 108 | Phthalate prohibitions in children's toys and child care articles | 15 U.S.C. 2057c; 16 CFR 1307 |
| 212 | Public consumer product safety database | CPSA section 6A (15 U.S.C. 2055a) |
Children's product: the qualifying step
Section titled “Children's product: the qualifying step”A children's product is a consumer product designed or intended primarily for children 12 years of age or younger (CPSA section 3(a)(2)). If a product is not a children's product, the CPC and third-party testing duties do not apply, although a General Certificate of Conformity may still be required for any CPSC rule that covers it (16 CFR 1110.5). 16 CFR 1200.2 sets out the four statutory factors CPSC weighs:
- A statement by the manufacturer about the intended use, including the label, if the statement is reasonable.
- Whether the packaging, display, promotion or advertising represents the product as appropriate for children 12 or younger.
- Whether consumers commonly recognise the product as intended for children 12 or younger.
- The Age Determination Guidelines issued by CPSC staff in September 2002, and any successor guidelines.
The determination is case by case. 16 CFR 1200.2 adds that toys subject to the small parts rule (Part 1501) or to ASTM F963 fall within the definition, and that products whose appeal declines among teenagers are likely to be children's products.
ASTM F963 under 16 CFR Part 1250
Section titled “ASTM F963 under 16 CFR Part 1250”Section 106 of the CPSIA made ASTM F963-07 a mandatory consumer product safety standard from 10 February 2009, except section 4.2 and the then Annex 4, and any provision restating an existing CPSC rule. Section 106(g) sets the update mechanism: when ASTM notifies CPSC of a revision, the revised standard becomes mandatory 180 days later unless CPSC tells ASTM within 90 days that the revision does not improve safety.
Which edition, and what is carved out
Section titled “Which edition, and what is carved out”| Edition | Mandatory from | Federal Register |
|---|---|---|
| ASTM F963-07 | 10 February 2009 | CPSIA section 106(a) |
| ASTM F963-16 | 30 April 2017 | 82 FR 8989 |
| ASTM F963-17 | 28 February 2018 | 82 FR 57119 |
| ASTM F963-23 (approved 1 August 2023) | 20 April 2024 | 89 FR 3344 |
16 CFR 1250.2(a) requires each toy to comply with all applicable provisions of ASTM F963-23. 16 CFR 1250.2(b) removes section 4.2, Annex 5, and any provision that restates a CPSC or FDA requirement. ASTM makes a read-only copy available through its reading library, as the 2024 rule notes.
The 2024 rule records what changed between F963-17 and F963-23: tighter battery compartment requirements in section 4.25 (fasteners must stay attached after use and abuse testing, fasteners needing a special tool allowed if that tool is supplied, and use and abuse testing now applies to toys with small part batteries for children over 96 months), a wider scope for expanding materials in section 4.40, a 94 dB A-weighted limit for push and pull toys in section 4.5.1.6 (which let CPSC delete the old 1250.2(c) exception), and a phthalates clause in 4.3.8 aligned with Part 1307.
Additions beyond ASTM F963 (2026)
Section titled “Additions beyond ASTM F963 (2026)”Part 1250 no longer only incorporates ASTM F963:
- 16 CFR 1250.4, water beads (effective 12 March 2026). A water bead that fits in the small parts cylinder when dry must, once expanded in 37 °C water for up to 72 hours, pass whole through a funnel or sieve gauge. No more than 325 µg of acrylamide may be extractable from 100 small beads (under 4 mm) or from one large bead. Warnings follow ANSI Z535.4-2023.
- 16 CFR 1250.5, neck floats (effective 15 June 2026). Performance requirements after thermal and chlorinated saltwater conditioning, a restraint system with a double-action release or a single-action release needing at least 50 N, and warnings to ANSI Z535.4-2023.
Which F963 sections need a CPSC-accepted laboratory
Section titled “Which F963 sections need a CPSC-accepted laboratory”CPSC does not require third-party testing for all of F963. 16 CFR 1112.15(b)(32) lists the provisions for which it accepts laboratories, and therefore the ones a CPC must be backed by third-party tests for:
| F963-23 section | Subject |
|---|---|
| 4.3.5.1(2), 4.3.5.2 | Soluble metals in surface coatings; toy substrate materials (eight heavy elements) |
| 4.3.6, 4.3.7 | Cleanliness of liquids, pastes, putties, gels and powders; stuffing materials |
| 4.5 | Sound-producing toys |
| 4.6, 4.7, 4.8, 4.9, 4.10, 4.11 | Small objects, accessible edges, projections, accessible points, wires or rods, nails and fasteners |
| 4.12 to 4.18 | Plastic film, folding mechanisms and hinges, cords, straps and elastics, stability and overload, confined spaces, wheels, tires and axles, holes, clearances and accessibility of mechanisms |
| 4.19 to 4.27 | Simulated protective devices, pacifiers, projectile toys, teething toys, rattles, squeeze toys, battery-operated toys, crib and playpen toys, stuffed and beanbag toys |
| 4.30, 4.32, 4.35 to 4.41 | Toy gun marking, toys with nearly spherical ends, pompoms, hemispheric objects, yo-yo elastic tethers, magnets, jaw entrapment, expanding materials, toy chests |
| 16 CFR 1250.4 and 1250.5 | Water beads; neck floats |
Labelling and instructional requirements of several of these sections are excluded from third-party testing in the same list.
Children's Product Certificate (CPC) and testing
Section titled “Children's Product Certificate (CPC) and testing”The CPC is the attestation by which the certifier states that the children's product complies with every applicable CPSC rule, based on testing by a CPSC-accepted third-party laboratory. For imported products the certifier is the importer; for products made in the United States it is the manufacturer, or the private labeler unless the manufacturer certifies (16 CFR 1110.7). Each certificate may describe only one product (16 CFR 1110.13(a)).
Required CPC content (16 CFR 1110.11)
Section titled “Required CPC content (16 CFR 1110.11)”| Element | What the rule requires |
|---|---|
| (a)(1) Product | At least one unique identifier (GTIN, model, registered, serial, SKU or UPC number, or an alternate identifier) with a description that matches the product |
| (a)(2) Rules | Each applicable CPSC rule, ban, standard or regulation, listed separately |
| (a)(3) Certifier | Name, street address, city, state or province, country, email and telephone |
| (a)(4) Records contact | The individual (or a staffed position) keeping the test records, with the same contact fields |
| (a)(5) Manufacture | Date (month and year at minimum) and place, with the manufacturer contact details |
| (a)(6) Testing | Most recent date and place of testing, and each laboratory name and contact details |
| (a)(7) Attestation | Prescribed wording on paper and electronic certificates; carried in the Product Registry and the CBP message set for eFiled ones |
A certifier claiming a statutory or regulatory testing exclusion names the exclusion instead of a test date and place (16 CFR 1110.11(c)). An eFiled certificate must be in English (16 CFR 1110.9(a)).
eFiling since 8 July 2026
Section titled “eFiling since 8 July 2026”Under 16 CFR 1110.13(a)(1), the certifier of a product manufactured abroad must eFile the certificate data elements in CBP ACE at the time the entry is filed, including products eligible for the de minimis exemption. Products imported by mail are instead entered in the CPSC Product Registry before arrival. The duty applies from 8 July 2026, and from 8 January 2027 for products entered from a foreign trade zone (90 FR 1800, dates corrected at 90 FR 45917). The certificate must still be furnished to each distributor and retailer and produced within 24 hours of a CPSC or CBP request (16 CFR 1110.13(b) and (c)). Certificates and supporting records are kept for at least five years (16 CFR 1110.17).
CPSC-accepted laboratories and periodic testing
Section titled “CPSC-accepted laboratories and periodic testing”Laboratories are accepted rule by rule or test method by test method (16 CFR 1112.15), on the basis of ISO/IEC 17025:2017 accreditation by an ILAC-MRA signatory (since January 1, 2026 the Global ACI MRA covers the former ILAC MRA scope). A laboratory accredited to ISO/IEC 17025 but not accepted by CPSC for the rule in question cannot support a CPC. 16 CFR 1112.11 recognises three types:
- Independent: not owned, managed or controlled by a manufacturer or private labeler of the products it tests, nor owned or controlled by a government.
- Firewalled: owned, managed or controlled by such a manufacturer or private labeler (a 10 percent ownership interest is enough), and accepted only with firewall protections.
- Governmental: owned or controlled, in whole or in part, by a government.
After certification, 16 CFR 1107.21 requires periodic third-party testing at least once a year under a periodic testing plan, at least once every two years with a production testing plan, or at least once every three years when continued compliance is checked by an ISO/IEC 17025 accredited laboratory. Test records are kept for five years (16 CFR 1107.26).
Chemical limits: lead and phthalates
Section titled “Chemical limits: lead and phthalates”Total lead in substrates
Section titled “Total lead in substrates”Under 15 U.S.C. 1278a, a children's product with more lead in any part than the limit is a banned hazardous substance. The limit fell in three steps: 600 ppm from 10 February 2009, 300 ppm from 14 August 2009, and 100 ppm from 14 August 2011, the last applying only to products manufactured after that date. Inaccessible component parts are excluded, but 16 CFR 1500.87(b) states that paint, coatings or electroplating do not make lead in the substrate inaccessible. Accessibility is checked with the sharp point and edge probes of 16 CFR 1500.48 and 1500.49 after the use and abuse tests of 1500.50 to 1500.53.
CPSC accepts laboratories for total lead using CPSC-CH-E1001-08 (metal products) and CPSC-CH-E1002-08 (non-metal products) and their revisions (16 CFR 1112.15). 16 CFR 1500.91 lists materials that do not need third-party lead testing when untreated, such as wood, paper, natural-fibre textiles, precious metals and stainless steel grades within stated UNS designations.
Lead in paint and surface coatings
Section titled “Lead in paint and surface coatings”16 CFR Part 1303 bans paint and similar surface coatings containing more than 0.06 percent lead, reduced to 0.009 percent (90 ppm) of the dried film from 14 August 2009 by CPSIA section 101(f). It applies to toys and other children's articles bearing such paint. Accepted test methods include CPSC-CH-E1003-09 and ASTM F2853-10.
Substrate and coating limits are separate: a product can pass one and fail the other.
Phthalates under 16 CFR Part 1307
Section titled “Phthalates under 16 CFR Part 1307”| Phthalate | Basis | Limit |
|---|---|---|
| DEHP, DBP, BBP | CPSIA section 108(a); 16 CFR 1307.3(a) | More than 0.1 percent prohibited |
| DINP, DIBP, DPENP, DHEXP, DCHP | 16 CFR 1307.3(b), effective 25 April 2018 | More than 0.1 percent prohibited |
The ban covers children's toys (for a child 12 or younger to use when playing) and child care articles (for children 3 and younger, to facilitate sleep or feeding or help with sucking or teething), and applies to any plasticised component or other component made of materials that may contain phthalates (16 CFR 1307.3(c)). The interim CPSIA ban on DINP, DIDP and DnOP covered only toys that can be placed in the mouth; the 2017 rule made DINP permanent for all children's toys and did not keep DIDP or DnOP. CPSC accepts laboratories under CPSC-CH-C1001-09.4. 16 CFR 1308.2 lists plastics (polypropylene, polyethylene, general purpose to super high-impact polystyrene, ABS, with listed additives) that need no third-party phthalate testing.
Tracking labels
Section titled “Tracking labels”CPSA section 14(a)(5), added by CPSIA section 103, has applied since 14 August 2009. The manufacturer of a children's product must place permanent, distinguishing marks on the product and its packaging, to the extent practicable, that enable:
- the manufacturer to ascertain the location and date of production and cohort information (batch, run number or other identifying characteristic), plus anything else it needs to find the specific source;
- the ultimate purchaser to ascertain the manufacturer or private labeler, the location and date of production, and the cohort information.
The statute sets no format. CPSC may exclude a product class by regulation where marking is not practicable and set alternative requirements (section 14(a)(5)(B)).
Small parts, choking warnings and use and abuse
Section titled “Small parts, choking warnings and use and abuse”16 CFR 1500.18(a)(9) bans toys and articles intended for children under 3 that are or contain small parts. 16 CFR 1501.4 defines the test: an article, or any piece detached by the use and abuse tests of 1500.51 and 1500.52 (excluding bite tests and paper, fabric, yarn, fuzz, elastic and string), fails if it fits entirely in the cylinder shown in Figure 1 to Part 1501. The English dimensions govern; the metric values are approximations (1501.4(a)). 16 CFR 1501.3 lists exempt articles such as balloons, books, crayons and chalk.
FHSA section 24 (15 U.S.C. 1278) and 16 CFR 1500.19(b) require cautionary statements:
| Product | Age band | Statement required |
|---|---|---|
| Toy or game with a small part | 3 to under 6 years | "WARNING:" with the hazard statement "CHOKING HAZARD" and the text "Small parts" and "Not for children under 3 yrs." |
| Latex balloon | All | Balloon choking statement (1500.19(b)(2)) |
| Small ball (passes a 44.4 mm hole) | 3 years or older | Small ball statement (1500.19(b)(3)) |
| Toy or game containing a small ball or marble | 3 to under 8 years | Contains a small ball or marble statement |
The statements must be in English, blocked together on at least two lines and prominent under 16 CFR 1500.121, but they need not follow the layout depicted in the rule (16 CFR 1500.19(d)(1)). They must also appear in Internet, catalogue and other printed advertising that offers a direct means of purchase (FHSA section 24(c); 16 CFR 1500.20).
Electric and battery-operated toys
Section titled “Electric and battery-operated toys”- Mains-powered toys: 16 CFR Part 1505 covers toys intended to be powered from nominal 120 V branch circuits. It excludes components powered at 30 V rms (42.4 V peak) or less, adult products used incidentally by children, and video games (16 CFR 1505.1).
- Battery-operated toys: ASTM F963-23 section 4.25 (third-party tested, except labelling).
- Button and coin cells: Reese's Law (16 CFR Part 1263) requires ANSI/UL 4200A for consumer products containing such cells from 23 October 2023, but 16 CFR 1263.1(c) exempts playthings for children under 14 that comply with the battery accessibility and labelling requirements of Part 1250.
- Radio: a toy with a transmitter also needs FCC authorisation, see the FCC overview.
Flammability: FHSA for toys, FFA for clothing
Section titled “Flammability: FHSA for toys, FFA for clothing”Section 4.2 of ASTM F963 is outside the mandatory standard because toy flammability is already covered by the FHSA. Under 16 CFR 1500.3(c)(6)(vi), a solid is flammable if, tested by 16 CFR 1500.44, it burns with a self-sustained flame faster than one tenth of an inch per second along its major axis. Section 1500.44 has separate sample preparation for granules, powders and pastes and for rigid and pliable solids, so it does apply to finished toys.
The Flammable Fabrics Act (15 U.S.C. chapter 25) and 16 CFR Part 1610 cover clothing textiles, including costumes finished for consumer use (16 CFR 1610.1(e)), with three flammability classes. A plush toy is not clothing; a dress-up costume is.
Summary table: what a typical toy must clear
Section titled “Summary table: what a typical toy must clear”| Domain | Applicable text | Limit or requirement | Third-party test |
|---|---|---|---|
| Toy standard | ASTM F963-23 via 16 CFR 1250.2 | Applicable provisions, less 4.2 and Annex 5 | Yes, for the sections in 16 CFR 1112.15(b)(32) |
| Substrate lead | 15 U.S.C. 1278a | 100 ppm (accessible parts) | Yes, unless the material is listed in 16 CFR 1500.91 |
| Paint lead | 16 CFR Part 1303 | 90 ppm (0.009 percent) | Yes |
| Phthalates | 16 CFR Part 1307 | 0.1 percent for each of eight phthalates | Yes, unless the plastic is listed in 16 CFR 1308.2 |
| Small parts (under 3) | 16 CFR 1500.18(a)(9) and Part 1501 | No small parts | Yes |
| Choking warnings (3 and over) | FHSA section 24; 16 CFR 1500.19 | Cautionary statements, also in advertising | Labelling check |
| Tracking | CPSA section 14(a)(5) | Permanent marks on product and packaging | No |
| Certificate | 16 CFR Part 1110 | One CPC per product, eFiled at entry | Not applicable |
Claims the texts contradict
Section titled “Claims the texts contradict”| Common claim | What the text says |
|---|---|
| "The 600 ppm lead limit was the old CPSC limit that the CPSIA replaced." | 600 ppm was the first CPSIA step, from 10 February 2009, followed by 300 ppm and then 100 ppm (15 U.S.C. 1278a(a)(2)). The older CPSC figure of 0.06 percent (600 ppm) applied to paint under Part 1303. |
| "The 100 ppm lead limit applies to every product on the shelf since August 2011." | It applies only to children's products manufactured after 14 August 2011 (15 U.S.C. 1278a(a)(3)). |
| "Painting or plating a part makes the lead in it inaccessible." | 16 CFR 1500.87(b): paint, coatings or electroplating are not a barrier. |
| "The phthalate ban lists six substances, three of them only for mouthable toys." | That was the 2008 interim position. Since 25 April 2018, Part 1307 bans eight phthalates in all children's toys and child care articles, and DIDP and DnOP are no longer listed. |
| "CPSC interprets children's product through labelling, marketing, design and consumer perception." | 16 CFR 1200.2 names four statutory factors: manufacturer statement, representation in packaging and advertising, common consumer recognition, and the 2002 Age Determination Guidelines. |
| "One CPC per shipment." | The certificate must accompany each shipment, but each certificate may describe only one product (16 CFR 1110.13(a)), and imports now need eFiling at entry. |
| "The FHSA warning must reproduce the exact layout shown in the rule." | 16 CFR 1500.19(d)(1): the statements need not follow the depicted layout, but must be blocked together, on at least two lines and prominent. |
| "16 CFR 1500.44 only covers granules, powders and pastes, so it is not a toy test." | 1500.44(a)(2) prepares rigid and pliable solids too, and it is the method behind the FHSA definition of flammable solid used for toys. |
| "Plush toys need 16 CFR 1610 testing under the Flammable Fabrics Act." | Part 1610 covers clothing textiles and costumes (16 CFR 1610.1(e)), not toys. |
| "Products with button cells always need UL 4200A." | Toys for children under 14 that meet the Part 1250 battery requirements are exempt (16 CFR 1263.1(c)). |
| "Any ISO/IEC 17025 laboratory can test for a CPC." | Only laboratories accepted by CPSC for that rule (16 CFR 1112.15); an ISO/IEC 17025 laboratory only shortens the periodic testing interval to three years (16 CFR 1107.21(d)). |
CPSIA vs EU toy rules
Section titled “CPSIA vs EU toy rules”| Criterion | CPSIA + ASTM F963 (United States) | Directive 2009/48/EC + EN 71 (EU) |
|---|---|---|
| Framework text | CPSIA 2008, CPSA, FHSA, 16 CFR | Directive 2009/48/EC, repealed from 1 August 2030 by Regulation (EU) 2025/2509 |
| Technical standard | ASTM F963-23 (16 CFR 1250) | EN 71 series |
| Authority | CPSC, with CBP at the border | National market surveillance authorities |
| Product mark | No conformity mark | CE marking |
| Third-party testing | Mandatory for children's products, CPSC-accepted laboratory | EC-type examination only in the cases of the directive |
| Attestation | CPC, one product per certificate, eFiled at import | EC declaration of conformity, kept 10 years (Article 4(3)) |
| Lead | 100 ppm total content | Migration limits (EN 71-3) |
| Phthalates | 16 CFR Part 1307 (eight) | REACH Annex XVII entries 51 and 52 |
| Traceability | Permanent tracking marks (CPSA section 14(a)(5)) | Type, batch, serial or model number (Article 4(5)) |
| Warnings | FHSA section 24 cautionary statements | Annex V of the directive |
Total lead content and migration limits measure different things, so a US test report does not establish EU compliance, and the reverse is also true. For both markets, see EU and US dual certification.
Common pitfalls
Section titled “Common pitfalls”| Pitfall | Consequence |
|---|---|
| Testing to ASTM F963-17 after 20 April 2024 | Tests against a superseded edition cannot support a CPC |
| Using an ISO/IEC 17025 laboratory not accepted by CPSC for the rule cited | Report unusable for the CPC |
| Quoting the 2008 phthalate list | DIBP, DPENP, DHEXP and DCHP not tested |
| Treating plated or painted metal as inaccessible | Substrate lead not tested |
| Missing the CPC eFiling at entry | Entry filed without the data 16 CFR 1110.13(a)(1) requires |
| Water bead kits checked only against F963 | 16 CFR 1250.4 size and acrylamide limits missed |
| Omitting the choking warning from the product web page | Breach of FHSA section 24(c) |
Further reading
Section titled “Further reading”- EN 71, EU toy safety: the European regime, direct comparison
- EU and US dual certification: dual-compliance strategy
- FCC, overview: for electronic toys with a radio side or electromagnetic emissions
- IEC 62133 and UN 38.3: batteries in toys
- Glossary: definitions of CPSC, CPSIA, CPC, ppm, FHSA, FFA, ASTM
See also
Section titled “See also”- RoHS 2011/65/EU: restricted hazardous substances in EEE
- REACH 1907/2006: chemical substances and SVHC
- Conflict minerals: Dodd-Frank, EU 2017/821, CMRT and EMRT
- EN 50332: acoustic safety of music players + headphones
- EASA C0 to C6: UAS drone classes and ID labelling
- ISO 10218 and ISO/TS 15066: robotics and cobot safety
- Solar PV modules: IEC 61730 safety and IEC 61215 performance
- CPR (305/2011) and EN 50575 cable reaction-to-fire
Sources & references
- Consumer Product Safety Improvement Act of 2008, Public Law 110-314, U.S. Government Publishing Office www.govinfo.gov/content/pkg/PLAW-110publ314/html/PLAW-110publ314.htm
- 16 CFR Part 1250, Safety Standard for Toys, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1250
- Safety Standard Mandating ASTM F963 for Toys (ASTM F963-23), 89 FR 3344, 18 January 2024, Federal Register www.federalregister.gov/documents/2024/01/18/2024-00741/safety-standard-mandating-astm-f963-for-toys
- Safety Standard for Toys: Requirements for Water Beads, 90 FR 57820, 12 December 2025, Federal Register www.federalregister.gov/documents/2025/12/12/2025-22643/safety-standard-for-toys-requirements-for-water-beads
- Mandatory Toy Safety Standards: Requirements for Neck Floats, 90 FR 58096, 15 December 2025, Federal Register www.federalregister.gov/documents/2025/12/15/2025-22827/mandatory-toy-safety-standards-requirements-for-neck-floats
- 16 CFR Part 1110, Certificates of Compliance, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1110
- Certificates of Compliance final rule (eFiling), 90 FR 1800, 8 January 2025, Federal Register www.federalregister.gov/documents/2025/01/08/2024-30826/certificates-of-compliance
- 16 CFR Part 1107, Testing and Labeling Pertaining to Product Certification, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1107
- 16 CFR Part 1112, Requirements Pertaining to Third Party Conformity Assessment Bodies, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1112
- 16 CFR Part 1200, Definition of Children's Product, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1200
- 15 U.S.C. 1278a, Children's products containing lead; lead paint rule, U.S. Government Publishing Office www.govinfo.gov/content/pkg/USCODE-2023-title15/html/USCODE-2023-title15-chap30-sec1278a.htm
- 15 U.S.C. 2063, Product certification and labeling (CPSA section 14), U.S. Government Publishing Office www.govinfo.gov/content/pkg/USCODE-2023-title15/html/USCODE-2023-title15-chap47-sec2063.htm
- 16 CFR Part 1307, Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1307
- 16 CFR Part 1308, Phthalates: Determinations Regarding Certain Plastics, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1308
- 16 CFR Part 1303, Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1303
- 16 CFR Part 1501, Method for Identifying Toys and Other Articles Intended for Use by Children Under 3 Years, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-C/part-1501
- 16 CFR 1500.19, Misbranded toys and other articles intended for use by children, Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-C/part-1500/section-1500.19
- 16 CFR Part 1263, Safety Standard for Button Cell or Coin Batteries (Reese's Law), Office of the Federal Register (eCFR) www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1263
- Global Accreditation Cooperation Incorporated launch (January 1, 2026), IAF iaf.nu/en/news/global-accreditation-cooperation-incorporated-launch-unifies-international-accreditation-organisations-and-strengthens-worldwide-trust/
Frequently asked questions
- What is the CPSIA and who enforces it?
- The Consumer Product Safety Improvement Act of 2008 (CPSIA, Public Law 110-314) was enacted on 14 August 2008. It amends the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA) and is enforced by the Consumer Product Safety Commission (CPSC). For toys, the sections that matter are 101 (lead), 102 (third-party testing and certificates), 103 (tracking labels), 105 (choking warnings in advertising), 106 (ASTM F963 made mandatory) and 108 (phthalates). The implementing rules sit in Title 16 of the Code of Federal Regulations (16 CFR).
- What is a children's product under the CPSIA?
- A consumer product designed or intended primarily for children 12 years of age or younger (CPSA section 3(a)(2)). 16 CFR 1200.2 lists the four statutory factors CPSC weighs: a reasonable statement by the manufacturer about intended use, including the label; how the product is represented in packaging, display, promotion or advertising; whether consumers commonly recognise it as intended for children 12 or younger; and the Age Determination Guidelines issued by CPSC staff in September 2002 and their successors. A children's product needs a Children's Product Certificate (CPC) based on testing by a CPSC-accepted laboratory.
- Which edition of ASTM F963 is mandatory?
- ASTM F963-23. 16 CFR 1250.2(a) requires each toy to comply with all applicable provisions of ASTM F963-23, mandatory since 20 April 2024 (89 FR 3344). Section 4.2 and Annex 5, and any provision restating an existing CPSC or FDA requirement, are not part of the mandatory standard (16 CFR 1250.2(b)). Part 1250 now also contains federal requirements for water bead toys (16 CFR 1250.4, effective 12 March 2026) and neck floats (16 CFR 1250.5, effective 15 June 2026).
- What is a Children's Product Certificate (CPC) and what changed in 2026?
- The CPC is the certificate by which the importer (for imported products) or the domestic manufacturer certifies that a children's product complies with every applicable CPSC rule, based on third-party testing. Its content is fixed by 16 CFR 1110.11 and each certificate may describe only one product. Since 8 July 2026, 16 CFR 1110.13(a)(1) requires the importer to eFile the certificate data in CBP ACE when the entry is filed; products entered from a foreign trade zone follow on 8 January 2027, and products imported by mail must be entered in the CPSC Product Registry before arrival. Certificates must be produced to CPSC or CBP within 24 hours of a request.
- What are the lead limits for children's products?
- Total lead in any accessible part of a children's product is limited to 100 ppm for products manufactured after 14 August 2011 (15 U.S.C. 1278a). That figure is the last of three CPSIA steps: 600 ppm from 10 February 2009, then 300 ppm from 14 August 2009. Paint and similar surface coatings are limited separately to 90 ppm (0.009 percent of the dried film) since 14 August 2009 under 16 CFR Part 1303. Paint, coatings and electroplating do not make lead in the substrate inaccessible (16 CFR 1500.87(b)).
- Which phthalates are banned in toys and child care articles?
- Eight, each above 0.1 percent: DEHP, DBP and BBP (CPSIA section 108(a)), plus DINP, DIBP, DPENP, DHEXP and DCHP (16 CFR 1307.3(b), effective 25 April 2018). The restriction covers any plasticised component part of a children's toy or child care article. The interim CPSIA restrictions on DIDP and DnOP were not carried into Part 1307. 16 CFR Part 1308 exempts listed plastics such as polypropylene, polyethylene, polystyrene grades and ABS from third-party phthalate testing.
- What must tracking labels contain?
- CPSA section 14(a)(5), added by CPSIA section 103 and effective 14 August 2009, requires permanent, distinguishing marks on a children's product and its packaging, to the extent practicable. The marks must let the manufacturer trace location and date of production and cohort information (batch, run number or other identifier), and let the ultimate purchaser ascertain the manufacturer or private labeler, location and date of production, and cohort information. The statute does not prescribe a format.
- Do toys with button or coin cells fall under Reese's Law?
- Not if they already meet the toy rule. 16 CFR 1263.1(c) exempts any object designed, manufactured or marketed as a plaything for children under 14 that complies with the battery accessibility and labelling requirements of 16 CFR Part 1250 (ASTM F963 section 4.25). Other consumer products with button or coin cells must meet ANSI/UL 4200A under 16 CFR 1263.3, effective 23 October 2023.
- What is the difference with the EU toy rules?
- In the United States, children's products need third-party testing by a CPSC-accepted laboratory and a CPC, and no conformity mark is affixed. In the EU, Directive 2009/48/EC relies on the manufacturer declaration and CE marking, with third-party EC-type examination only in limited cases. The directive is repealed from 1 August 2030 by Regulation (EU) 2025/2509. See EN 71, EU toy safety for the European side.