US CPSC Renounces Direct Final Rule Regarding Heavy Metal Testing of Wood in Toys

The US Consumer Product Safety Commission (CPSC) has recently withdrawn the direct final rule (1) to exempt unfinished and untreated wood in toys from testing for the 8 heavy metals under ASTM F963.

US CPSC Proposals for Unfinished Wood and Untreated Wood

In July 2015, the US CPSC published a direct final rule to exempt unfinished and untreated wood from third-party testing for 8 soluble metals (antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium) under the toy safety standard ASTM F 963-11. This direct final rule was aimed at creating a new Part 1251 for ‘Toys: Determination Regarding Heavy Elements Limits for Certain Materials’ but was withdrawn because significant adverse comments were received in mid-August 2015.

On 10 September, 2015, the CPSC announced the withdrawal of this direct final rule due to the receipt of significant adverse comments. The effective date of withdrawal was the date of this announcement. The CPSC will not institute a second comment period and will address the comments in a separate final action.

Heavy Metal Testing in Toys Continues

The withdrawal of the proposed final rule means that manufacturers and importers must continue to test unfinished and untreated wood used in toys as described in ASTM F963-11, Section 4.3.5, at a CPSC-accepted third party laboratory to demonstrate compliance with the limits of eight soluble heavy elements (antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium) specified in the standard.

Highlights of the withdrawal of the proposed rule are summarized below:

16 CFR Part 1251 Proposed Final Rule
Toys: Determinations Regarding Heavy Elements Limits for Certain Materials

Toy Standard: ASTM F963: Soluble heavy metals
Scope: Toys containing unfinished and untreated wood
Remark: Third-party testing not required
Effective date: 15 September, 2015
Remark: Withdrawn on 10 Sept, 2015, due to receipt of adverse comments.

References:

(1) Federal Register, Rules and Regulations, Vol. 80, No. 175 – September 10, 2015

(2) SGS Safeguards – US CPSC to Exempt Wood from Testing for Heavy Metals – Hing Wo Tsang – July 27, 2015

(3) Toys; Determination Regarding Heavy Elements Limits for Unfinished and Untreated Wood – September 4, 2015

SGS Toy Testing Services

Using a global network, SGS offers consultation and comprehensive testing services covering the full spectrum of international product safety including physical/mechanical, flammability, electrical safety and chemical testing for a wide range of toys. The SGS laboratories are internationally recognized by major industry associations, accreditation bodies and authorities. With the largest global network of toy experts and testing facilities around the world (including 4 EU Notified Bodies and about 40 CPSC-Accepted Testing Laboratories), SGS is the partner to trust.

For further information, please do not hesitate to contact an SGS expert.

Contact details:

SGS Consumer Testing Services
Hingwo Tsang
Global Toys and Juvenile Products Information and Innovation Manager
SGS Hong Kong Limited
1/F On Wui Centre
25 Lok Yip Road
Fanling, N.T., Hong Kong, China

t: +852 2774 7420
Email: [email protected]  
Website: http://www.sgs.com/toys
LinkedIn: http://www.linkedin.com/company/sgs-consumer-goods-&-retail

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 80,000 employees, SGS operates a network of over 1,650 offices and laboratories around the world.