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Practice Areas

Unfinished/Untreated Trunk Wood in Toys Exempted from Heavy Metal Testing

Thursday, December 17, 2015
Sandler, Travis & Rosenberg Trade Report

The Consumer Product Safety Commission has issued a final rule exempting unfinished and untreated trunk wood from third-party testing for the heavy element limits in the CPSC’s toy standard, ASTM F963-11, based on a determination that such wood does not contain heavy elements that would exceed the limits specified in that standard. This rule will be effective as of Jan. 19, 2016.

Toys subject to mandatory standard ASTM F963-11, Consumer Safety Specifications for Toy Safety, must be tested by a CPSC-accepted third-party conformity assessment body and demonstrate compliance with all applicable CPSC requirements for the manufacturer to issue a children’s product certificate before the toys can be entered into commerce. Among other things, this standard requires that surface coating materials and accessible substrates of toys that can be sucked, mouthed or ingested comply with the solubility limits on eight heavy elements – antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium.

The CPSC previously determined that certain materials do not exceed lead content limits and therefore do not require third-party testing when used in children’s products, including toys. With respect to the seven remaining heavy elements, the CPSC has determined that unfinished and untreated wood from tree trunks does not contain these elements in concentrations above their maximum solubility limits.

The CPSC notes that the underlying requirement that products subject to the toy standard comply with the standard’s limits on heavy elements remains in place.

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