US CPSC Announces Heavy Metals Testing Exemption for Wooden Toys

The US Consumer Product Safety Commission (CPSC) has issued a final rule to exempt unfinished and untreated wood in toys from testing for the eight heavy metals falling under ASTM F963. The new rule will take effect on January 19, 2016.

Announcement Concludes Series of US CPSC Proposals

In July 2015, we informed [1] you that the US CPSC had issued a proposed direct final rule (DFR) exempting unfinished and untreated wood in toys from third party testing for the 8 heavy metals (antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium) per requirements in ASTM F963 ‘Standard Consumer Safety Specification for Toy Safety.’ This DFR was to be withdrawn if significant adverse comments were received by mid-August 2015. The CPSC also published a companion notice of proposed rulemaking (NPR) for wood determination under ASTM F963 in the same issue of the Federal Register (DFR, 80 FR 42376; NPR, 80 FR 42438).  

In September 2015, we informed you [2] that the CPSC had withdrawn this proposed DFR due to receipt of significant adverse comments. The CPSC proceeded with the rulemaking by issuing an NPR that was published simultaneously with the DFR 80 RF 54417 of September 10, 2015.

On December 17, 2015, the CPSC issued a final rule in the Federal Register [3] exempting unfinished and untreated trunk wood in toys from third party testing for the 8 heavy metals that are in ASTM F963. This final rule creates a new regulation,16 CFR Part 1251, titled ‘‘Toys: Determination Regarding Heavy Elements Limits for Unfinished and Untreated Wood.”

Testing Exemption Applies to Untreated Wood

According to the definitions in the final rule, unfinished and untreated wood is defined as:

- Wood harvested from the trunks of trees with no added surface coatings such as paint, polyurethane, shellac or varnish, and  
- Wood substrates that do not contain other materials such as antifungal agents, dyes, insecticides, preservatives and stains.

Unfinished and untreated wood does not include manufactured or engineered wood such as pressed wood, plywood, particle-boards or fiberboards.

The new rule will take effect on January 19, 2016. Highlights of the final rule are summarized in Table 1 (http://www.sgs.com/en/Our-Company/News-and-Media-Center/News-and-Press-Releases/2015/12/SafeGuardS-22015-US-CPSC-Issues-Final-Rule-to-Exempt-Wood-in-Toys-from-Testing-for-Heavy-Metals.aspx).

References:

[1] SafeGuardS. US CPSC to Exempt Wood from Heavy Metal Testing – July 27, 2015 (http://www.sgs.com/en/Our-Company/News-and-Media-Center/News-and-Press-Releases/2015/07/SafeGuardS-13215-US-CPSC-to-Exempt-Wood-from-Testing-for-Heavy-Metals.aspx)

[2] SafeGuardS. US CPSC Withdraws Direct Final Rule to Exempt Wood in Toys from Testing for Heavy Metals – September 18, 2015 (http://www.sgs.com/en/Our-Company/News-and-Media-Center/News-and-Press-Releases/2015/09/SafeGuardS-15715-US-CPSC-Withdraws-Direct-Final-Rule-to-Exempt-Wood-from-Testing-for-Heavy-Metals.aspx)

[3] United States Government Printing Office, Federal Register. Toys: Determination Regarding Heavy Elements Limits for Unfinished and Untreated Wood (16 CFR Part 1251, Docket No. CPSC-2011-0081) – December 17, 2015 (https://www.gpo.gov/fdsys/pkg/FR-2015-12-17/pdf/2015-31723.pdf)

About SGS Toy Testing Services

Throughout its global network, SGS offers consultation and comprehensive testing services (physical/mechanical, chemical, flammability, electrical safety, etc.) covering the full spectrum of international regulatory standards, and quality and safety management (http://www.sgs.com/en/Consumer-Goods-Retail/Toys-and-Juvenile-Products/Premiums-and-Novelty-Items/Product-Risk-Assessment/Quality-and-Safety-Management.aspx) for a wide range of toys. SGS laboratories are internationally recognized by major industry associations, accreditation bodies and authorities. With the largest global network of toy experts and testing facilities in the world (including 3 EU Notified Bodies and about 40 CPSC-Accepted Testing Laboratories), SGS is the partner to trust.

Please do not hesitate to contact an SGS expert for more information.

Contact details:

SGS Consumer Goods and Retail
HingWo Tsang
Global Hardlines Information and Innovation Manager
SGS Hong Kong Limited
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Fanling, N.T., Hong Kong, China

t: +852 2774 7420
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