Presentation on theme: "Focus On Plush Toys Presented by:"— Presentation transcript:
1Focus On Plush Toys Presented by: Haley Sprague and Jennifer BuonicontiUL / PPAI Product Safety Consultants
2This information is being furnished by PPAI for educational and informational purposes only. The Association makes no warranties or representations about specific dates, coverage or application. Consult with appropriate legal counsel about the specific application of the law to your business and products.2
3Plush Toy Requirements Hazardous ConditionsMechanical SafetyChemical RequirementsFlammabilityPerformanceLabeling
4Hazardous Conditions Sharp Accessible Points Not allowed before or after use and abuse testingSharp Accessible EdgesSmall PartsNo toy intended for children of all ages can be small enough, with out being compressed, to fit within the small parts cylinderApplicable before and after use and abuse testing
5Mechanical Safety Bite Test Impact Test: Plush Toys Torque Test Tension Test for Seams in Plush ToysTension TestCompression TestMaterial QualityCords & ElasticsWashable Toys
6Chemical Requirements CPSIA Ban of Lead-Containing Paint16 CFR 1303 in effect since 1978 at 600 ppmAs of August 14, 2009, 90 ppm limitCompliance is requiredGCC/CPC is requiredCan test at ink stage, must have “traceability”Third party testing is requiredComposite Testing is allowedWet paint can be testedHD XRF test method allowed
7Chemical Requirements Soluble Migrated Elements (ASTM F963)In surface coatings on toys, the following limits apply:- Soluble Antimony: 60 ppm- Soluble Arsenic: 25 ppm- Soluble Barium: ppm- Soluble Cadmium: 75 ppm- Soluble Chromium: 60 ppm- Soluble Lead: 90 ppm- Soluble Mercury: 60 ppm- Soluble Selenium: ppmNote: If less than 10 mg of surface coating is present on the toy, the surface coating is exempt from Soluble testing.
8Chemical Requirements Soluble Migrated Elements (ASTM F963)In substrates of toys, the following limits apply:- Soluble Antimony: 60 ppm- Soluble Arsenic: 25 ppm- Soluble Barium: ppm- Soluble Cadmium: 75 ppm- Soluble Chromium: 60 ppm- Soluble Lead: 90 ppm- Soluble Mercury: 60 ppm- Soluble Selenium: ppmNote: No exemption for textile materials.
9Chemical Requirements CPSIA Lead in Accessible SubstratesA substrate is the material of which something is made, and to which surface coating (i.e.. paint) may be appliedAs of August 14, 2011, 100 ppm limitCompliance is requiredGCC/CPC is requiredComponent testing is allowed, must have “traceability”Third party testing is requiredComposite Testing of ‘like materials’ is allowedXRF test method allowed
10Material Testing Exemptions – Total Lead Pure Wood (not plywood or other composites)PaperCMYK printing inksCertain precious and semi-precious gemstonesPearlsStainless steelPrecious metalsNatural fibers (dyed or undyed) including, but not limited to: cotton, kapok, flax, linen, jute, ramie, hemp, kenaf, bamboo, coir, sisal, silk, wool (sheep), alpaca, llama, goat (mohair, cashmere), rabbit (angora), camel, horse, yak, vicuna, qiviut, guanacoManufactured fibers (dyed or undyed) including, but not limited to: rayon, azlon, lyocell, acetate, triacetate, rubber, polyester, olefin, nylon, acrylic, modacrylic, aramid, and spandex
11Chemical Requirements Prohibition on Sale of Certain Products Containing Specified PhthalatesApplies only to Children’s Toys and Child Care ProductsFor all such products, DEHP, DBP, BBP – limit of 0.1%For all such products or any part of the product that can be placed in a child’s mouth: DINP, DIDP, DnOP – limit of 0.1% (interim prohibition)Applies to accessible materials only (before and after use and abuse testing)
12CPSC Phthalate Guidance Phthalates may be found in following materials:Soft or flexible plastics, except polyolefinsSoft or flexible rubber, except silicone rubber and natural latexFoam rubber or foam plastic such as PU foamSurface coatings, non-slip coatings, finishes, decals, printed designsElastic materials on apparel, such as sleepwearAdhesives and sealantsPhthalates would not likely be found in the following materials:Unfinished metalNatural wood, except coatings and adhesives added to woodTextiles, except printed decorations, waterproof coatings, elasticMineral products such as sand, glass, crystal
13Chemical Requirements Illinois Lead Poisoning Prevention Act: Warning Statement RequirementA warning statement is required for the toys containing paint with a specified Lead content in their surface coatingsIf > 40 ppm but < 90 ppm of Lead is present, a warning statement is required“WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH FEDERAL STANDARDS.”
14Flammability Flammability of Solids: Plush Stuffed Toys A product is considered to be a flammable solid if it ignites and burns along it’s major axis with a self-sustaining flame at a rate greater than 0.1 inches per second
15Flammability Flammability of Textile Fabrics Plain Surface Fabrics Specimens are acceptable if they did not ignite, ignited but self extinguished or any combination thereofAverage burn time is 3.5 seconds or greaterRaised Surface FabricsAverage burn time is 4 seconds or greater
16Additional Required Testing Labeled ClaimsSamples shall perform as intended and meet all verifiable labeled claimsMaterial CleanlinessLoose fillers shall be free of objectionable matter originating from, insect, bird, rodent or other animal infestation and of contaminants, such as splinters and metal chips to the extent possible in good manufacturing practice
17Performance Testing Colorfastness to Crocking Address staining and marking concerns for fabrics that come in contact with other fabricsColorfastness to WaterDetermines if a colored textile will be stained or lose color when exposed to waterColorfastness to SalivaDetermines the fastness of colored textiles to the affects of simulated saliva
18Labeling Country of Origin (19 CFR) Articles of foreign origin (or its container) imported into the United States must be marked with the name of the country of originCPSIA Tracking LabelProduct and its packaging must bear a permanent distinguishing mark as required to the extent practicableProducer Markings (ASTM F963)Toys or their packaging must be legibly and conspicuously marked with the name and address of the producer or distributor
19Labeling Age Grading: Plush Toys Toys should be labeled to indicate the minimum age for intended use or have such labeling on any packagingStuffed plush toys are typically tested for the safety of all ages regardless of the age grading on the label because they are commonly recognized as appropriate for young children
20Labeling California Proposition 65 Requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm.The list of chemicals can be found atRequires businesses to provide “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemicalIntended to help Californians make informed decisions about protecting themselves from exposure to certain chemicalsConfirm with manufacturer/supplier that none of the chemicals have been intentionally added to your product
21Summary of State’s Stuffed Toy Licensing and Labeling Laws Uniform LabelIt is possible for manufacturers to utilize a uniform stuffed toy label which is good in all three states (Ohio, Pennsylvania and Massachusetts)There is no color, size, or type requirement for the Uniform Label, provided the print is legible and can be readily discernedThe label must be affixed to the toy itself
22Summary of State’s Stuffed Toy Licensing and Labeling Laws Uniform Label RequirementsThe Pennsylvania license number of the manufacturer or vendor. Ohio and Massachusetts will accept the use of a Pennsylvania toy registration number if that number if registered within these states and their fees are paidThe name and principal place of business (city and state) of the manufacturer or vendorA statement that “All New Materials” (with type of material) or “All New (type) Material” was used in the manufacture of the stuffed toy
23Pennsylvania License Fee $25 initial registration $25 annually Labeling RequirementsManufacturers must submit detailed information as to the filler content of their stuffed toys and specimens of the toys selected at random to the Pennsylvania Licensing Authorities
24PennsylvaniaThe regulation provides that stuffed toys are “unfit for sale” should they contain:Material of sufficient size to visibly reveal a pattern, weave, or other mechanical unification of threads to indicate prior use of a previous manufacturing process.Dirt and/or other foreign matter in excess of 1% by weight.More than 1 % oil or greaseMore than 0.002% LeadMore than % ArsenicMore than 5% AmmoniaMore than 1% UreaPlastic or metal ornaments such as eyes, notes etc. not of a safe design or not attached to the stuffed toys in such manner to prevent removalStones or other hard materials having jagged or sharp edgesMaterial bearing electrostatic charge with adherence characteristics which when exposed could lodge in the windpipe, ears or nostrils.Filling material which surface burns at a rate of less than 3 seconds for 12 square inches.
25Pennsylvania Registration Requirements for Foreign Manufacturers The manufacturer may register directly with the Department at the foreign manufacturer’s locations. This is identical to the requirement for domestic manufacturers, orAn importer may hold a stuffed toy registration on behalf of each foreign manufacturer represented. The Department does not permit “pooling” of registrationsThe Department is not requiring registration of each plant for domestic manufacturers but only to ensure that each foreign manufacturer is separately registered
26Pennsylvania Classification of Flammability of Fabrics: No nap, pile, tufting, flock or other type raised fiber surfaceNapped, pile, tufted, flocked or other type raised fiber surfaceClass I(relatively slow burning)When time of flame spread is 20 seconds or more for 12 square inchesWhen time of flame spread is over 7 seconds for 12 square inchesClass II(moderately flammable)When time of flame spread is 8 to 19 seconds for 12 squares inchesBurns with a rapid surface flash in less than 7 seconds for 12 square inches, with no fusing or ignition of base fabricClass III(relatively flammable)When time of flame spread is 3 to 7 seconds for 12 square inchesWhen time of flame spread is 4 to 7 seconds, both inclusive for 12 square inches with fusing or ignition of base fabricClass IV(rapid and intense burning)When time of flame spread is less than 3 seconds for 12 square inchesWhen time of flame spread is less than 4 seconds for 12 square inches with fusing or ignition of base fabric
27Pennsylvania Classification of Flammability of Non-Fabrics: Non-fabric materials include plastics, paints, and non-fabric portions of a stuffed toy. These materials which meet the requirements in Class V are accepted as having no unusual burning characteristics. Materials which have burning characteristics (Class VI) are considered dangerously flammable and recognized as unsuitable for stuffed toys because of their rapid burning and intense burningClass V – Materials are classified as normal flammability when a 9 square inch sample does not burn or flash the full area during a 4 second flame exposureClass VI – Materials are classified as rapid burning when a 9 square inch sample burns or flashes the full area during a 4 second flame exposureNote: 16 CFR and 16 CFR 1610 standards may preempt the Pennsylvania flammability requirements if the Pennsylvania requirement is not identical to the federal regulation applicable to toys.
28Massachusetts License Fee $300 initial registration $300 annual renewalLabeling RequirementsSame as Pennsylvania, Uniform Label is acceptable
29Ohio Licensing Fee Annual fee of $50 File quarterly reports accompanied by a tax of four cents per item sold in the State of Ohio in the preceding quarterLabeling RequirementsSame as Pennsylvania, Uniform Label is acceptable
30Battery Operated Plush Toys Labeling and instruction markingsMercury contentFunction and performance testingFCC requirementsNoise level
31Product Safety Resources PPAI:Product Safety powered by PPAI:Consumer Product Safety Commission:Pennsylvania Department of Labor & IndustryUL: orQuestions?