New toy safety standard issued by ASTM

ASTM issued an updated version of its toy safety standard, F963-08, on February 18, 2009. The prior version, F963-07, was identified in Section 106 of Consumer Product Safety Improvement Act as a mandatory consumer product safety standard. The standard became mandatory under the CPSIA on February 10, 2009, although enforcement of testing and certification requirements related to the standard has been stayed by the Consumer Product Safety Commission until at least February 10, 2010.

Under the CPSIA, ASTM’s newly revised standard will become the mandatory standard 180 days after ASTM notifies the Commission of the revision, unless the Commission determines, within 90 days after receiving notice, that the proposed revision does not improve the standard.

Revisions incorporated in F963-08 address ingestion of magnets, acoustics, yo-yo tether toys, impaction hazards from toys, jaw entrapment, and folding mechanisms and hinges. The testing requirements for lead in toys and the ban on composite testing remain the same as in the F963-07 version.

The ASTM F963-08 Standard is available for purchase on ASTM’s website. I know Congress has done it before (e.g., the ASTM standard for environmental site assessments), but I still find it a little odd to have a mandatory legal standard that you cannot access for free.

We have been asked how the CPSC Stay of Enforcement impacts the need to comply with ASTM F963. We will examine this issue soon in a future post.

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