The Final Rules of Mandating ASTM F963 for Toys were published in the Federal Register on February 2, 2017. The draft direct final rule that incorporates by reference ASTM F963-16 into the Code of Federal Regulations (CFR) and amends the notice of requirements in 16 CFR Part 1112 to reflect the revisions of the ASTM F963. 

Section 106 of the Consumer Product Safety Improvement Act (CPSIA) made ASTM F963-07ε1, Standard Consumer Safety Specification for Toy Safety, a mandatory consumer product safety standard. That section also provides procedures for revisions to the standard. In accordance with these procedures, the Commission (CPSC or Commission) recently allowed the update to ASTM F963, ASTM F963-16, Standard Consumer Safety Specification for Toy Safety (ASTM F963-16), to become the mandatory toy standard. This direct final rule incorporates by reference ASTM F963-16 and updates the existing notice of requirements (NOR) that provide the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing for ASTM F963 pursuant to section 14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA).

Effective Date:

Under the procedure set forth in section 106(g) of the CPSIA, when ASTM revises ASTM F963, the revision becomes the CPSC standard within 180 days of notification to the Commission, unless the Commission determines that the revision does not improve the safety of the product. In accordance with this provision, this rule establishes an effective date that is 180 days after we receive notification from ASTM of revisions to the standard. This is a direct final rule. Unless we receive a significant adverse comment within 30 days, the rule will become effective on April 30, 2017. Additionally, the effective date for the NOR is April 30, 2017, the same date that the provisions of ASTM F963-16 become effective.

The 2016 edition of ASTM F963 includes the following changes, among others:

※  stuffing material requirement has removed the State requirement and changed the test

method;

※  changes the sound producing toys requirement ;

※  new requirements to the already-extensive section on battery safety;

※  add soaking tests for magnets;

※  changes to requirements for toys involving projectiles;

※  new requirements for materials and toys that could expand if swallowed- ASTM F963-16

section 4.40;

※  changes to requirements for overload and stability for ride-on toys;

※  new requirements and clarifications related to microbiological safety;

※  clarifications to requirements related to heavy elements in the substrate materials of toys

and the addition of an optional, alternate test method for total screen testing;

※   a reinstatement of requirements for toy chests-ASTM F963-16 section 4.41 (moved from

ASTM F834, which is being retired);

BACL Service:

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