Supporting Statement A 1107 and 1109 PRA Renewal 2022

INFORMATION COLLECTION REQUEST
Supporting Statement
Third Party Testing of Children’s Products
OMB Control Number: 3041-0159
A.

Justification

1.

Circumstances Necessitating Information Collection

Section 14 of the Consumer Product Safety Act (“CPSA”) requires third party testing of children’s
products that are subject to an applicable children’s product safety rule to ensure compliance with
such rule. Based on this testing, manufacturers, including importers, are required to certify
compliance of their products to the applicable standards. CPSC’s children’s product safety rules are
listed in Appendix A. For example, CPSC has issued more than twenty rules for durable infant or
toddler products under section 104 of the Consumer Product Safety Improvement Act (CPSIA).
The Federal Hazardous Substances Act (FHSA) and the CPSA also authorize the Commission to
establish consumer product safety rules, which may also be children’s product safety rules. Such
rules require certain recordkeeping, product labelling, and/or instruction material to inform the
public of certain hazards and the safe use of the product as well as to assist the Commission, the
manufacturers, and the public in identifying products that fail to comply with a children’s product
safety rule. This information collection request covers:
•

the recordkeeping requirements set forth in a final rule on Testing and Labeling
Pertaining to Product Certification (16 CFR part 1107; the testing rule);

•

the recordkeeping and third party disclosure requirements set forth in a final rule on
Conditions and Requirements for Relying on Component Part Testing or
Certification, or Another Party’s Finished Product Testing or Certification to Meet
Testing and Certification Requirements (16 CFR part 1109; the component part
rule);

•

marking, labeling, and instructional literature requirements contained in rules for
durable infant and toddler products issued under section 104 of the CPSIA (section
104 rules);

•

additional labeling requirements such as those set forth in the rule establishing
requirements for electrically operated toys or other electrically operated articles
intended for children (16 CFR 1505) (electrically operated toys and other articles
rule) and the recordkeeping requirements set forth in the rule that are not also
covered by the testing rule; and,

•

additional recordkeeping requirements such as those set forth in the ban on articles
known as “baby bouncers” or “walker-jumpers,” or similar articles that are not
covered by 16 CFR 1216 and that are not also covered by the testing rule or the 104
rules. (baby bouncer/walker-jumper rule, 16 CFR 1500.18(a)(6) and 1500.86(a)(4)).
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The following is a more complete discussion of these rules.
Testing Rule: The testing rule, 16 CFR part 1107, implements section 14(a)(2) of the CPSA.
Manufacturers of domestically manufactured children’s products and importers of foreign-made
children’s products that are subject to a children’s product safety rule must submit samples of the
product, meaning samples that are identical in all material respects to the product, to a third party
conformity assessment body whose accreditation has been accepted by the CPSC to test for
compliance with such children’s product safety rule. Based on that testing, the manufacturer or
importer must issue a certificate that certifies that such children’s product complies with applicable
children’s product safety rules. 15 U.S.C. 2063(a)(2)(B). This certificate is called a Children’s
Product Certificate, or CPC. Certificates are required to accompany products or product shipments,
and certifiers are required to furnish a copy of certificates upon request, to retailers or distributors,
as well as to the CPSC and to U.S. Customs and Border Protection (CBP).
Additionally, section 14(i)(2)(B)(i) of the CPSA requires manufacturers to conduct additional
testing of children’s products to ensure compliance of continuing production, and thus, the validity
of the initial product certification. To ensure continued compliance, the Commission is required, by
regulation, to establish protocols and standards for:
•

Ensuring that a children’s product tested for compliance with a children’s product
safety rule is subject to testing periodically and when there has been a material
change in the product’s design or manufacturing process, including the sourcing of
component parts; and

•

Safeguarding against the exercise of undue influence on a third party conformity
assessment body by a manufacturer or private labeler.

The testing rule establishes requirements for manufacturers (including importers) for initial third
party testing and certification for children’s products, testing when there has been a material change
in the product, continuing testing (periodic testing), and guarding against undue influence. The
testing rule also requires that representative samples be selected for periodic testing of children’s
products to ensure continuing compliance, and sets forth required documentation.
A list of children’s product safety rules subject to third party testing and certification is set forth in
Appendix A.
Component Part Rule: The component part rule is a companion to the testing rule that is intended
to reduce third party testing burdens by providing all parties involved in the required testing and
certifying of children’s products the flexibility to conduct or rely on testing where it is the easiest
and least expensive. Component part suppliers may conduct testing so that test reports can be
provided to multiple manufacturers using such component parts. Alternatively, manufacturers who
assemble finished products can test component parts as they are received to reduce costs where, for
example, the same component part is used in multiple product lines. The component part rule
allows for maximum flexibility because a manufacturer (including an importer) who is required to
certify consumer products pursuant to 16 CFR part 1110 (finished product certifier) can base such
certificate upon one or more of the following: (a) component part testing; (b) component part
2

certification; (c) another party’s finished product testing; or (d) another party’s finished product
certification.
Together, the testing rule and the component part rules implement third party testing, certification,
and labeling requirements for children’s products as required by sections 14(a)(2) and 14(i)(2)(B) of
the CPSA, 15 U.S.C. 2063(a)(2) and (i)(2)(B).
Recordkeeping Requirements: Testing Rule and Component Part Rule: The testing rule and the
component part rule each have recordkeeping requirements that largely overlap. Section 1107.26 of
the testing rule requires each manufacturer or importer of a children’s product subject to a
children’s product safety rule to establish and maintain the following records:
•

a copy of the Children’s Product Certificate (§ 1107.26(a)(1));

•

records of each certification test (§ 1107.26(a)(2));

•

records of periodic tests, production tests, and tests by laboratories accredited to
ISO/IEC 17025, as applicable (§ 1107.26(a)(3));

•

records documenting the basis for selection of representative samples for periodic
testing purposes (§ 1107.26(a)(4));

•

records of descriptions of all material changes in product design, manufacturing
process, and sourcing of component parts, the certification tests run, and the test
values (§ 1107.26(a)(5)); and

•

records of undue influence procedures (§ 1107.26(a)(6)).

Section 1109.5(g) of the component part rule requires the creation and maintenance of specific data
points, as well as documents that each certifier and testing party must provide, either in hard copy or
electronically, to a another party who intends to rely on such documentation to issue a certificate:
•

Identification of the component part or the finished product tested;

•

Identification of a lot or batch number, or other information sufficient to identify the
component parts or finished products to which the testing applies;

•

Identification of the applicable rules, bans, standards, and regulations for which
each component part or finished product was tested;

•

Identification of the testing method(s) and sampling protocol(s) used;

•

The date or date range when the component part or finished product was tested;

•

Test reports that provide the results of each test on a component part or finished
product, and the test values, if any;

•

Component part certificate(s) or finished product certificate(s), if any;

•

Identification of the party that conducted each test (including testing conducted by a
manufacturer, testing laboratory, or third party conformity assessment body), and an
attestation by the party conducting the testing that all testing of a component part or
finished product by that party was performed in compliance with applicable
3

provisions of section 14 of the CPSA, part 1107 of this chapter, or any more specific
rules, bans, standards, or regulations;
•

Records to support traceability as defined in § 1109.4(m), which includes the identity
of all testing parties of a component part of a consumer product or a finished
product, including the name and address of each testing party and any party that
conducted testing on the component part or finished product. Parties that conduct
testing may include a manufacturer, a supplier, a testing laboratory, or a third party
conformity assessment body; and

•

An attestation by each certifier and testing party that while the component part or
finished product was in its custody, it exercised due care to ensure compliance with
test result integrity requirements set forth in § 1109.5(b), including that: (1) proper
management and control of all raw materials, component parts, subassemblies, and
finished products is established and maintained for any factor that could affect the
finished product’s compliance with all applicable rules; (2) the manufacturing
process does not add or result in a prohibited level of a chemical from any source,
such as the material hopper, regrind equipment, or other equipment used in the
assembly of the finished product; and (3) no action or inaction subsequent to testing
and before distribution in commerce has occurred that would affect compliance,
including contamination or degradation.

Items that overlap with the testing rule are indicated in italics above. The first five items are data
points that are usually included on a test report. Test reports are also required to be maintained
under the testing rule. Component part and finished product certificates, the seventh item, are also a
requirement in the testing rule. All of these records need to be created and maintained only once to
meet the applicable recordkeeping requirements. The only unique records required in the
component part rule are the last three bullets, which include two attestations and records that
demonstrate who is responsible for having component parts of the product tested.
Unlike the testing rule, the component part rule requires records, or electronic access to records, to
be provided to a third party, when that party intends to rely on such records to certify a product.
The component part rule does not require that the records actually be physically provided to another
party; electronic access to records is sufficient. Under both rules, § 1107.26(b) and § 1109.5(j),
records must be maintained for 5 years and must be made available, either in hard copy or
electronically, for inspection by the CPSC, upon request.
Section 104 Rules: Each section 104 rule contains requirements for marking, labeling, and
instructional literature that are disclosure requirements. Individual section 104 rules specify that:
•

Each product and the shipping container must have a permanent label or marking
that identifies the name and address (city, state, and zip code) of the manufacturer,
distributor, or seller.

•

A permanent code mark or other product identification shall be provided on the
product and its package or shipping container, if multiple packaging is used. The
code will identify the date (month and year) of manufacture and permit future
identification of any given model.
4

Products are also required in the standards to provide easy-to-read and understand instructions
regarding assembly, maintenance, cleaning, use, and adjustments, where applicable.
CPSC obtains Office of Management and Budget (OMB) control numbers for the estimated burden
in complying with marking and labeling requirements in each section 104 rule as they are
promulgated. However, each time this information collection request is renewed, the burden
requirements of the 104 rules that have been finalized since the last renewal are moved into this
information collection request (the collection of information for Third Party Testing of Children’s
Products), so that the burden for all children’s product testing, certification, recordkeeping, and
marking and labeling are estimated under one OMB control number. CPSC discontinues the use of
the existing OMB control numbers assigned to individual section 104 rules as the burden is moved
into the information collection request for Third Party Testing of Children’s Products. The
discontinued OMB control numbers are listed in a table in section 4 of this document.
Additional Collections: Two rules for children’s products require additional information collection.
The rule establishing requirements for electrically operated toys and other electrically operated
articles intended for use by children, called the Electrically-operated toys and other articles rule, and
the rule establishing requirements for baby bouncers, baby walkers, and similar articles not covered
by 16 CFR 1216, called the Baby-bouncer/walker-jumper rule, were issued by the Food and Drug
Administration under the authority of the FHSA (15 U.S.C. 1261, 1262). Responsibility for
enforcement of the FHSA was transferred to the Commission when the agency was established in
May 1973. These rules establish certain criteria to use in determining whether or not products
covered under the rule are banned, and requires that each product be labelled.
•

•

2.

The electrically operated toys and other articles rule requires certain warning and
identification labeling be included on both the product and the packaging. The rule also
requires that manufactures establish a quality assurance program to assure compliance and
to keep records pertaining to the quality assurance program. Additionally the rule requires
that manufacturers or importers keep records of the sale and distribution of the products.
The baby bouncer/walker jumper rule requires that each product be labelled with
information that will permit future identification by the manufacturer of the particular model
of bouncer or walker-jumper. The rule also requires that records of sale, distribution, and
results of tests and inspections be kept for three years and be made available to CPSC upon
request.
How, by Whom, and for What Purpose Information Is Used

Testing Rule: The recordkeeping requirements establish that products are properly third party tested
and certified before they enter commerce and have been properly retested for conformity with all
applicable rules on a continuing basis, including after a material change in the product’s design or
manufacturing processes.
Component Part Rule: The recordkeeping requirements allow tracking of testing or certification
conducted on component parts of consumer products. The parties to which the rule applies include
more than just a manufacturer or importer because any person can conduct component part testing,
including suppliers and foreign manufacturers. Finished product certifiers (including manufacturers
5

and importers) and component part certifiers must review the records to ensure third party testing is
conducted properly and to issue a certificate of compliance. CPSC uses the required documentation
to determine whether testing parties and certifiers are performing third party testing responsibilities
properly. The required documentation is also used to identify consumer products, components of
consumer products, test results, and the parties responsible for testing. Such documentation assists
in identifying component parts and finished products that do not comply with the law and to
implement an appropriate corrective action.
Additional Record Keeping (electrically operated toys rule and baby-bouncer/walker-jumper rule):
If a product subject to the regulation were found to be banned and the hazard severe enough to
warrant recall, the required sales and distribution records would be useful to both the manufacturer
and the Commission in identifying which customers might have received the specific products
which would enable the manufacturer to send notices of the recall to those customers and would
enable the Commission to conduct recall effectiveness checks of the manufacturer’s customers.
Additional Marking, Labelling, and Instructional Literature (section 104 rules and electrically
operated toys rule): Manufacturers are responsible for compliance with the marking, labeling, and
instructional literature requirements in each children’s product safety rule, including section 104
rules and the electrically-operated toys rule. Such requirements are intended to aid the
manufacturer, importer, CPSC, and consumers in product identification and recall efforts, should a
safety defect arise, as well as to inform consumers how to safely assemble and use the relevant
consumer product.
3.

Consideration of Information Technology

The testing and component part rules allow records to be maintained electronically and provided in
that form to the Commission, upon request. The component part rule also allows records to be
accessed by all parties electronically. Manufacturers and importers may use any improvements in
information technology they deem suitable for compiling and maintaining the records required by
the regulations.
4.

Efforts to Identify Duplication and Similar Information Already Available

Testing Rule: The recordkeeping requirements allow a manufacturer to establish that a product was
certified properly before it enters commerce and has been subjected to periodic testing to ensure
continued conformity with all applicable CPSC rules, including testing after a material change in
the product’s design or manufacturing processes. Consequently, unless manufacturers are relying
on component part testing as described below, it is unlikely that the required information is
duplicated or already available from other sources.
Component Part Rule: Certified products and their component parts, if tested separately, must be
traceable to the parties conducting and procuring third party testing. The required documentation is
largely the type of information that is already maintained by testing parties and certifiers on test
reports. However, the final component part rule requires such information to be provided to, or
available to, third parties in the supply chain, such as manufacturers and importers, who intend to
rely on such testing or certification to certify the finished product. Multiple parties are not required
to keep duplicate records under the component part rule, which allows a party who conducts testing
on component parts to make such testing and certification records available electronically. As long
6

as third parties who rely on these records to certify a product continue to have access to the required
records, and can make the records available to the CPSC as required by the rule, they do not need to
maintain them separately. It is unlikely that the required information and records are available from
other sources.
Section 104 Rules, Electrically Operated Toys Rule, and Baby-Bouncer/Walker-Jumper Rule:
Manufacturers are required by rule to place certain labels and warnings on the product, and certain
warnings and instructions must also accompany each product. We are aware of no other information
sources for these instructions and warnings that would be as readily available to the consumer.
In 2019 CPSC discontinued control number 3041-0035, requirements for electrically operated toys,
and moved the burden estimate to the the third party testing of children’s products collection (OMB
control number 3041-0159) to avoid double counting the burden, because most of the recordkeeping
requirements of the electrically-operated toys and other articles rule are the same as those of the
testing rule.
Table. List of Discontinued OMB Control Numbers Included under 3041-0159

Discontinued
OMB
Control Nbr

16 CFR

3041-0145

1215

3041-0141

1216

3041-0150

1217

3041-0157

1218

3041-0147

1219

3041-0147

1220

3041-0152

1221

3041-0160

1222

3041-0155

1223

3041-0149

1224

3041-0158

1225

3041-0162

1226

3041-0164

1227

3041-0167

1228

3041-0174

1229

3041-0166

1230

Standard

Final Rule/PRA Update

Safety Standard for
Infant Bath Seats
Safety Standard for
Infant Walkers
Safety Standard for
Toddler Beds
Safety Standard for
Bassinets and Cradles
Safety Standard for
Full-Size Baby Cribs
Safety Standard for
Non-Full-Size Baby Cribs
Safety Standard for
Play Yards
Safety Standard for
Bedside Sleepers
Safety Standard for
Infant Swings
Safety Standard for
Portable Bed Rails
Safety Standard for
Hand-Held Infant Carriers
Safety Standard for
Soft Infant and Toddler
Carriers
Safety Standard for
Carriages and Strollers
Safety Standard for Sling
Carriers
Safety Standard for Infant
Bouncer Seats
Safety Standard for
Frame Child Carriers

75 FR 31691 (June 4, 2010);
PRA update: 78 FR 73506 (Dec. 6, 2013)
75 FR 35266 (June 21, 2010);
PRA Update: 78 FR 40444 (July 5, 2013)
76 FR 78 FR 22019 (April 20, 2011);
PRA Update: 79 FR 26417 (May 8, 2014)
78 FR 63019 (Oct 23, 2013)
75 FR 81766 (Dec 28, 2010)
PRA Update: 79 FR 12185 (March 4, 2014)
75 FR 81766 (Dec 28, 2010)
PRA Update: 79 FR 12185 (March 4, 2014)
78 FR 50328 (Aug. 19, 2013);
PRA Update: 80 FR 59139 (Oct. 1, 2015)
79 FR 2581 (Jan. 15, 2014)
77 FR 66703 (Nov 7, 2012)
PRA Update: 80 FR 60885 (Oct. 8, 2015)
77 FR 12182 (Feb 29, 2012)
PRA Update: 80 FR 33248 (June 11, 2015)
78 FR 73415 (Dec 6, 2013)
79 FR 17422 (March 28, 2014)
79 FR 13208 (Mar 10, 2014)
82 FR 8671 (Jan 30, 2017)
82 FR 43470 (Sep 18, 2017)
80 FR 11113 (Mar 2, 2015)
7

Safety Standard for High
83 FR 28358 (Jun 19, 2018)
Chairs
Safety Standard for
3041-0172
1232
Children’s Folding Chairs
82 FR 59505 (Dec 15, 2017)
and Stools
Safety Standard for Hook3041-0170
1233
81 FR 17062 (Mar 28, 20106)
On-Chairs
Safety Standard for Infant
3041-0171
1234
82 FR 15615 (Mar 30, 2017)
Bath Tubs
Safety Standard for Baby
3041-0175
1235
83 FR 29672 (Jun 26, 2018)
Changing Products
Safety Standard for Infant
3041-0177*
1236
86 FR 33022 (Jun 23, 2021)
Sleep Products
Safety Standard for Booster
3041-0178
1237
83 FR 30837 (Jul 2, 2018)
Seats
Safety Standard for
3041-0179*
1238
Stationary Activity
84 FR 28205 (Jun 18, 2019)
Centers
Safety Standard for Gates
3041-0182*
1239
85 FR 40100 (Jul 6, 2020)
and Enclosures
Safety Standard for Crib
3041-0185*
1241
87 FR 8640 (Feb 15, 2022)
Mattresses
* Request for discontinuation to be submitted before the end of 2023.
3041-0173

5.

1231

Impact on Small Business

Recordkeeping Requirements: Although many small businesses are required to keep records for
children’s product testing and certification, small businesses have the flexibility to establish and
maintain records required by the testing rule and the component part rule in any manner or format
provided they contain the information required by the rules and meet the availability requirements
of the rules. The documentation required by the component part rule largely overlaps
recordkeeping required in the testing rule. Although in some instances multiple parties may keep
copies of the same records, they are not required to do so. Access to the same records electronically
is allowed by the component part rule. Finally, using component part testing is voluntary. To the
extent that small businesses do not achieve a cost savings by conducting component part testing,
they are not required to use it in certifying children’s products.
Marking, Labeling, and Instructional Material Requirements: The impact on small businesses for
the marking, labeling and instructions required have been addressed during each section 104
rulemaking procedure. Generally, marking, labeling, and instruction requirements have not been
found to significantly impact small businesses. The electrically operated toys rule requires labeling
on the products, outer packaging, and instruction sheets. In the research performed for the section
104 rules, staff found that labeling costs tend to be low in general for all firms, large and small.
Therefore, the labeling requirements for electrically operated toys are not expected to significantly
impact small businesses either.
CPSC provides a variety of resources to help both new and experienced small businesses learn
about safety requirements that apply to consumer products, including the CPSC Regulatory Robot,
small business education videos, and the Small Business Ombudsman. Many of these resources can
be accessed online at: https://www.cpsc.gov/Business--Manufacturing/Small-Business-Resources.
Small firms can reach the Small Business Ombudsman by calling (888) 531-9070.
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6.

Consequences of Less Frequent Information Collection and Technical or Legal Obstacles

Testing Rule: Failure to provide the information required would impair the CPSC’s ability to
determine whether a manufacturer is complying with the testing and certification requirements of
section 14 of the CPSA and the requirements of the testing rule.
Component Part Rule: Without appropriate recordkeeping, allowance of component part testing
could lead to degradation in compliance of finished products. Accordingly, the component part rule
requires documentation sufficient to demonstrate the component part’s compliance with the
standards tested, and that enable component parts to be traced back to the party that had them tested,
and to the third party laboratory that conducted the tests. Any less documentation and
recordkeeping would not achieve this purpose, and would impede CPSC’s ability to investigate
compliance violations and enforce testing and certification rules for children’s products.
Section 104 Rules: Stakeholders, consumers, and the government rely on product marking,
labeling, and instructions to inform about safe use and assembly of products and to identify
products for recall.
Additional Collections: As with the Section 104 rules, stakeholders, consumers, and the government
rely on product marking, labeling, and instructions to inform about safe use and assembly of
electrically operated toy products and to identify products for recall. Additionally, the
recordkeeping requirements will assist in the identification of products that are found not to be
compliant with the rule. Stakeholders, consumers, and the government rely on product marking, and
record keeping to identify baby-bouncer/walker-jumper products that are found not to be compliant
with rule and possibly subject to a recall.
7.

Consistency with the guidelines in 5 CFR 1320.5(d)(2)

The testing and component part rules are consistent with the guidelines in 5 CFR § 1320.5(d)(2)
except (iv). Both the testing rule and the component part rule require that the records be maintained
for 5 years (5 CFR 1107.26(b) and 5 CFR 1109.5(j), respectively). The 5-year record retention
requirement was selected to be consistent with the 5-year statute of limitations in 28 U.S.C. § 2462.
The requirements of the section 104 rules, the electrically-operated toys rule, and babybouncer/walker-jumper rule are consistent with the guidelines in 5 CFR § 1320.5(d)(2).
8.

Agency’s Federal Register (FR) Notice and Related information

On April 13, 2022, a 60-Day Federal Register Notice was published at 87 FR 21873. The
Commission did not receive any comments on the Notice.
Stakeholder Outreach
Testing and Component Part Rules: Stakeholders were given an opportunity to comment on the
proposed recordkeeping requirements for the testing and component part rules as part of the
rulemaking process for parts 1107 and 1109. A notice of proposed rulemaking was published in the
Federal Register for both rules on May 20, 2010: 75 FR 28336 (testing rule) and 75 FR 28208
9

(component part rule). The CPSC’s responses to comments appear in the final rules published on
November 8, 2011: 76 FR 69482 (testing rule) and 76 FR 69547 (component part rule).
Stakeholders were also given an opportunity to comment on recordkeeping requirements in an
amendment to the testing rule that requires the selection of representative samples and associated
recordkeeping. A notice of proposed rulemaking on this amendment was published in the Federal
Register on November 8, 2011, 76 FR 69586. The CPSC responded to one comment on the
recordkeeping burden in the final rule implementing the representative sample requirement, which
was published in the Federal Register on December 5, 2012, at 77 FR 72205. Stakeholders were
also given the opportunity to comment on reducing third party testing burden associated with the
testing of children’s products pursuant to a request for comment issued by the Commission on
November 8, 2011 (76 FR 69596).
Section 104 Rules: Stakeholders had the opportunity to comment on marking, labeling, and
instruction requirements in each section 104 rule. Sections 4 and 12 list each section 104 rule.
Section 4 includes a citation to the Federal Register notice for each final rule, and a citation for any
burden renewal (PRA Update). The bolded standards are new standards issued since the last PRA
update for this collection regarding Third Party Testing of Children’s Products.
Additional Collections: The electrically operated toys rule and the baby-bouncer/walker-jumper rule
and their recordkeeping and labeling requirements predate the Commission. The public last had an
opportunity to comment on the requirements of the electrically operated toys rule and the babybouncer/walker jumper rule in 2019 when CPSC sought approval to include the information
collections under the Third Party Testing for Children’s Products collection (OMB Control No.
3041-0159. A Federal Register notice for the PRA update was published on March 13, 2019 (84 FR
9104).
9.

Payment or Gift to Respondents

The CPSC did not and will not provide any payment or gifts to respondents for any of the rules
included in this information request.
10.

Confidentiality of Information

The information submitted to CBP and CPSC would be subject to the Freedom of Information Act
and its exemptions to public disclosure.
Section 104 Rules: No assurance of confidentiality exists because marking, labeling, and
instructional literature are, in part, on the product and are required disclosures to consumers that are
not considered confidential information.
Additional Collections: Any information required to be maintained as part of the electrically
operated toys rule and baby bouncer/walker jumper rule which the manufacturer or importer claims
to be confidential is subject to procedures for withholding confidential information from public
disclosure set forth at 16 C.F.R. Part 1015, Subpart B.

10

11.

Sensitive Questions

Information regarding ownership, business and governmental relationships, suppliers, and third
party conformity assessment body personnel may be considered sensitive. Such information could
appear through the records and documentation required by the testing and component part rules.
However, the rules do not require the disclosure of confidential business information to nongovernmental third parties.
12.

Estimates of Burden Hours and Explanation

Testing Rule: Three types of third party testing of children’s products are required by the testing
rule: certification testing, material change testing, and periodic testing. Component part testing can
be used to meet any of these requirements. Certification testing must occur for every regulated
children’s product before the product is introduced into commerce. After certification testing,
continuing testing must occur when the product undergoes a material change and periodically. If no
material changes occur in continuing production of a children’s product, periodic testing still must
be conducted at certain intervals. The maximum periodic testing interval is 1 year, unless a
manufacturer uses a production testing plan (2 years), or uses a testing laboratory accredited to
ISO/IEC 17025:2005(E) (3 years). When conducting periodic testing, manufacturers must select
representative samples for third party testing. Material change testing is tantamount to
recertification, and it can reset the periodic testing interval for the product or component part tested.
The CPSC reviewed every category in the NAICS and selected those that included firms that could
manufacture or sell any consumer product that could be covered by a consumer product safety rule.
Using data from the U.S. Census Bureau 1, we determined that there were approximately 20,000
manufacturers, about 85,000 wholesalers, and about 263,000 retailers in these categories. However,
these categories also include many non-children’s products, which are not covered by any
children’s product safety rules. Therefore, these numbers would constitute an overestimate of the
number of firms that are subject to the recordkeeping requirements.
The testing rule requires that manufacturers conduct sufficient testing to ensure that they have a
high degree of assurance that their children’s products comply with all applicable children’s
products safety rules before such products are introduced into commerce. Each manufacturer is
required to obtain third party certification tests for each children’s product and maintain the
resulting records, including the children’s product certificate. Manufacturers are also required to
conduct continuing tests on their children’s products and maintain the records associated with this
testing. Continuing testing includes third party testing after a material change to the product and
periodic third party testing or a combination of periodic third party testing and production (first
party) testing. Because of the vast number and variety of children’s products, there is a
corresponding variety of manufacturing processes for children’s products. Accordingly, the testing
rule allows manufacturers a substantial amount of flexibility in designing their testing programs.
For example, manufacturers may use first party production testing to increase the maximum time
interval between required third party periodic testing from 1 to 2 years. Manufacturers also have
the option of simply recertifying each batch of products instead of conducting periodic or
production testing.
1

Census - Table Results for Table ID CB1900CBP.
11

We estimate that several hours of recordkeeping, per product, will be required each year, including
the cost to develop any records. However, because firms have multiple options for conducting the
required testing, it is not possible for us to estimate how this time will be distributed over the
records listed under §1107.26. Although all manufacturers will have at least one children’s product
certificate for each children’s product that they produce during the year, some manufacturers will
simply conduct certification tests on each batch produced during the year. This means that they will
have to create records of multiple certification tests and multiple children’s product certificates for
each product but no records of periodic tests, production tests, or material changes. Other
manufacturers may opt to conduct periodic or production tests instead of recertifying each batch.
Therefore, these manufacturers will be responsible for creating and maintaining records of one set
of certification tests and one children’s product certificate, but they will also be responsible for
creating and maintaining the records associated with their periodic testing and material changes.
If a manufacturer conducts periodic testing, they are required to keep records that describe how the
samples for periodic testing are selected, the number of samples that will be selected, and an
explanation of why the procedure described will result in the selection of representative samples.
Although it might take a manufacturer several hours, or perhaps several days, to analyze its
products and manufacturing processes to determine its options for selecting representative samples,
the actual documentation of the procedure and basis for inferring compliance will probably take less
time. This is not likely to be done on a per product basis, but on a per plan basis, which could be
used for more than one product. This is a first year cost. In successive years, it will apply only to
new products or to products whose sampling plan changes, so the burden will be reduced.
Documenting representative sample selection will likely be part of developing a periodic or
production testing plan.
The hour burden of the recordkeeping requirements will likely vary greatly from product to product,
depending upon such factors as the complexity of the product and the amount of testing that must be
documented. Therefore, estimates of the hour burden of the recordkeeping requirements are
somewhat speculative.
We estimate that approximately 311,400 non-apparel children’s products are covered by the rule
and that an average of 5 hours will be needed for the recordkeeping associated with these products
per year. 2 We also estimate that there are approximately 1.2 million children’s apparel and
footwear products, for which an average of 3 hours of recordkeeping will be required per year.
Thus, the total hour burden of the recordkeeping associated with the testing rule is 5.2 million hours
(311,400 non-apparel children’s products x 5 hours per non-apparel children’s product plus
1,200,000 children’s apparel products x 3 hours per children’s apparel product = 1.6 million hours +
3.6 million hours, or a total of 5.2 million hours). At $34.68 (U.S. Bureau of Labor Statistics,
“Employer Costs for Employee Compensation,” September 2021, Table 4, total compensation for
all sales and office workers in goods-producing private industries: http://www.bls.gov/ncs/) per
hour hourly compensation rate, the total cost of the recordkeeping associated with the testing rule is
approximately $180 million (5.2 million hours x $34.68 = $180,336,000).
These data were adjusted according to the Bureau of Economic Analysis’s National Income and Product Accounts
Table 2.4.6U Real Personal Consumption Expenditures by Type of Product, Chained Dollars. While these data are
adjusted for inflation and substitution, they may overestimate the number of products subject to the information
collection because an increase in real sales may not necessarily translate into an increase in the number of available
children’s products.

2

12

In addition to maintaining records of the tests conducted on each product, manufacturers will also
have to keep and maintain records documenting how representative samples of each product are
selected for testing. It is unclear how recordkeeping for the selection of representative samples
changes the recordkeeping burden for children’s products because the requirement exists only for
manufacturers who conduct periodic testing. Additionally, the same basis could apply to multiple
products, and therefore, documentation may not need to be reproduced for each product to which it
applies but could be cited in the periodic or production testing plan. We estimate that if each
product line averages 50 individual models or styles, then a total of 30,000 individual representative
sampling plans (1.5 million children’s products ÷ 50 models or styles) would need to be developed
and documented. This would require 120,000 hours (30,000 plans x 4 hours per plan), at a total
cost of approximately $8.6 million (120,000 hours x $71.82 per hour (U.S. Bureau of Labor
Statistics, “Employer Costs for Employee Compensation,” September 2021, Table 4, total
compensation for all management, professional, and related workers in goods-producing private
industries: http://www.bls.gov/ncs/)). If each product line averages 10 individual models or styles,
then a total of 150,000 different representative sampling plans (1.5 million children’s products ÷ 10
models or styles) would need to be documented. This would require 600,000 hours (150,000 plans x
4 hours per plan), at a total cost of approximately $43 million (600,000 hours x $71.82 per hour).
Thus, the requirement to document the basis for selecting representative samples could increase the
hour burden by up to 600,000 hours and increase the cost of recordkeeping associated with third
party testing of children’s products by up to $43 million, bringing the total hour burden for the
testing rule to 5.8 million.
Component Part Rule: The component part rule shifts some testing costs and some recordkeeping
costs to component part and finished product suppliers because some testing will be performed by
these parties rather than by the finished product certifiers (manufacturers and importers). However,
a finished product certifier is still responsible for receiving or having access to required testing and
traceability records from component part and finished product suppliers and for recording pertinent
information on the finished product certificate. Thus, even if a finished product certifier can rely
entirely on component part and finished product suppliers for all required testing, the finished
product supplier still has some recordkeeping burden in order to create and maintain a finished
product certificate. Therefore, although the component part testing rule should reduce the total cost
of the testing required by the testing rule, it will lead to an increase in the recordkeeping burden for
those who choose to use component part testing.
Because we do not know how many companies participate in component part testing and supply test
reports or certifications to other certifiers in the supply chain, we have no concrete data to estimate
the recordkeeping and third party disclosure requirements in the component part rule. Likewise, no
clear method exists for estimating the number of finished product certifiers who conduct their own
component part testing. In the preamble to the proposed rule (75 FR at 28218), we suggested that
the recordkeeping burden for the component part testing rule could amount to 10 percent of the
burden estimated for the testing and labeling rule. Moreover, because the estimate of the
recordkeeping burden for the testing and labeling rule has been increased, the estimates for the
component rule also would increase.
As discussed above, although we have no concrete data to estimate the amount of component part
recordkeeping, we suggest that it could amount to about 10 percent of the recordkeeping burden
associated with the testing rule. The component part rule also requires third party disclosure of test
13

reports and certificates, if any, to a certifier intending to rely on such documents to issue its own
certificate. Without data it is also difficult to allocate our burden estimation between the
recordkeeping and third party disclosure requirements. However, we believe that creating and
maintaining records accounts for 90 percent of the burden, while the third party disclosure burden is
much less, perhaps 10 percent. Therefore, if we continue to use the estimate that component part
testing will amount to about 10 percent of the burden estimated for the testing and labeling rule,
then the hour burden of the component part rule would be about 520,000 hours total; allocating
468,000 hours for recordkeeping and 52,000 hours for third party disclosure. At $34.68 per hour,
the total cost of the recordkeeping and third party disclosures for the component part rule would be
about $18 million.
Section 104 Rules: Each section 104 rule incorporates by reference an ASTM voluntary standard
for that product. One of the sections of the ASTM standard requires the name and place of business
(city, state, and mailing address, including zip code) and the telephone number of the manufacturer,
distributor, or seller be on each product and its retail package. It also requires a code mark or other
means that identifies the date (month and year, at a minimum) of manufacture on each product and
its retail package. Furthermore, these markings must be permanent.
We estimate the time to make any necessary changes to the marking and labeling to equal one hour
per model. The variable in each rule is the number of respondents, meaning the number of suppliers
(manufacturers, importers, or wholesalers), the number of models supplied, and the average labor
cost. We estimate the hourly compensation for the time required to create and update labels is
$34.68 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” September
2021, Table 4, total compensation for all sales and office workers in goods-producing private
industries: http://www.bls.gov/ncs/). Based on the foregoing, the burden for marking and labeling
for each section 104 rule is provided in the chart below. The total number of respondent hours is
92,280, with total cost equal to $3,200,270 (92,280 × $34.68).
Another section of each ASTM standard requires use, assembly, or installation instructions to be
supplied with the product. In most cases, products sold without such information would not be able
to compete successfully with products supplying this information. Under the OMB’s regulations (5
CFR 1320.3(b)(2)), the time, effort, and financial resources necessary to comply with a collection of
information that would be incurred by persons in the “normal course of their activities” are
excluded from a burden estimate, where an agency demonstrates that the disclosure activities
required to comply are “usual and customary.” Therefore, because we have found few durable
infant and toddler products that generally require installation or some assembly but lack any
instructions to the user about such installation or assembly, for most durable products we estimate
that there are no burden hours associated with section 10 of each ASTM standard, because any
burden associated with supplying instructions with would be “usual and customary” and not within
the definition of “burden” under the OMB’s regulations.
The exceptions to this assumption are sling carriers and infant sleep products . We estimate the
initial burden for the instructional material requirement would be the majority of the supplier
burden. However, once the literature is created or modified, there is little to no burden in subsequent
years. However, there may be substantial entry and exit in the markets for sling carriers and infant
sleep products market because a sizable portion of the market is comprised of very small entitites.
Therefore, we estimate that the burden of instructional literature requirement is about 66,500 hours.
14

Discontinued
OMB
Control Nbr
3041-0145

16 CFR
Part

Description

Mfrs

Models

1215

Safety Standard for Infant Bath Seats

12

2

Total
Respondent
Hours
24

3041-0141

1216

Safety Standard for Infant Walkers

19

4

76

3041-0150

1217

111

10

1,110

3041-0157

1218

72

4

288

3041-0147

1219

80

13

1,040

3041-0147

1220

39

2

78

3041-0152

1221

34

4

136

3041-0160

1222

13

2

26

3041-0155

1223

Safety Standard for Toddler Beds
Safety Standard for Bassinets and
Cradles
Safety Standard for Full-Size Cribs
Safety Standard for Non-Full-Size
Cribs
Safety Standard for Play Yards
Safety Standard for Infant Bedside
Sleepers
Safety Standard for Swings

6

8

48

3041-0149

1224

18

2

36

3041-0158

1225

78

2

156

3041-0162

1226

44

3

132

3041-0164

1227

Safety Standard for Portable Bedrails
Safety Standard for Hand-Held Infant
Carriers
Safety Standard for Soft Infant and
Toddler Carriers
Safety Standard for Carriages and
Strollers

100

7

700

3041-0167

1228

Safety Standard for Sling Carriers

1,000

2

8,500*

3041-0174

1229

Safety Standard for Infant Bouncer
Seats

26

4

104

3041-0166

1230

Safety Standard for Frame Child
Carriers

14

3

42

3041-0173

1231

Safety Standard for High Chairs

83

3

249

3041-0172

1232

Safety Standard for Children’s
Folding Chairs and Stools

17

2

34

3041-0170

1233

Safety Standard for Hook-On-Chairs

7

1

7

3041-0171

1234

Safety Standard for Infant Bath Tubs

27

2

54

3041-0175

1235

Safety Standard for Baby Changing
Products

141

6

846

3041-0177

1236

Safety Standard for Infant Sleep
Products

1,325

6.528

68,650**

3041-0178

1237

Safety Standard for Booster Seats

52

2

104

3041-0179

1238

Safety Standard for Stationary
Activity Centers

11

4

44

3041-0182

1239

Safety Standard for Gates and
Enclosures

127

3.6

9,416***

15

3041-0185

1241

Safety Standard for Crib
Mattresses

38

10

Total Burden Hours

380
92,280

Includes 6,500 hours for instructional literature.
**Includes 60,000 hours for instructional literature.
*** Includes 8,000 hours for instructional literature. The total estimated burden associated with labels is 1,416
hours. Eighty small firms produce 2 models, while and additional 37 entities are estimated to produce 8
models. Therefore, the 127 entities produce, on average, 3.6 models.

*

Additional Collections and Requirements: The electrically operated toys rule requires certain
warning and identification labeling on both the product and the packaging. The regulation also
requires that the manufacturer establish and maintain a quality assurance program and that records
be made, kept and maintained for 3 years, of the sales and distribution, the material and production
specifications, a description of the quality assurance program, and the results of all inspections and
tests conducted. Products subject to the electrically operated toys rule are also subject to the
requirements of the testing rule. The records of the material and production specifications,
description of the quality assurance program, and the test and inspection results are duplicated by
the requirement in the testing rule for records of periodic and production tests. Therefore, the
burden of these requirements will not be reported here as they were in the cancelled ICR because
this would result in their being double counted. Only the burden associated with the additional
recordkeeping requirement to keep record of the sales and distribution of the products and the
additional marking and labeling requirements will be reported here. Much of the burden associated
with maintaining records of the sale and distribution of products would be incurred as part of
normal business operations.
We estimate the additional burden associated with maintaining these records by product for the
three year period is about 30 minutes per product. The Commission estimates that there are about
40 manufacturers and importers. Each one may have an average of 10 products each year for which
the recordkeeping would be required. Therefore the estimated burden of recordkeeping is about 200
hours. As with the section 104 rules, we estimate that the time necessary to make any changes to
the labeling to equal one hour per model. Again, assuming each firm produces 10 new models each
year, this requirement amounts to a total of 400 hours per year. Therefore the total burden for the
electrically operated toys rule is about 400 hours. We estimate the hourly compensation for the
time required to create and update labels is $34.68 (U.S. Bureau of Labor Statistics, “Employer
Costs for Employee Compensation,” September 2021, Table 4, total compensation for all sales and
office workers in goods-producing private industries: http://www.bls.gov/ncs/). Based on the
foregoing, the burden for additional recordkeeping and additional labeling for the electrically
operated toys rule would be $20,808 ((200 hours + 400 hours) x $34.68 per hour).
CPSC staff estimates that about 6 firms are subject to the testing and recordkeeping requirements of
the baby-bouncer/walker-jumper rule. Firms are expected to test on average two new models per
year per firm. CPSC staff estimates further that the burden imposed by the regulations on each of
these firms is approximately 1 hour per year on the additional recordkeeping requirements and 1
hour per model on the additional marking/labeling requirements. Thus, the annual burden imposed
by the regulations on all manufacturers and importers is approximately 12 hours on additional
recordkeeping (6 firms x 1 hour x 2 models) and 12 hours on additional labeling (6 firms x 1 hour x
2 models) for a total annual burden of 24 hours per year. Based on previous information provided
16

to the CPSC staff by a manufacturer, it is believed that the recordkeeping requirements do not
impose a significant burden on manufacturers and importers because the records are kept for other
purposes, and testing is conducted for other reasons in addition to complying with the regulation.
Since no changes have been made to the requirements for baby bouncers and walker-jumpers, those
circumstances likely apply today.
13.

Estimates of Other Total Annual Cost Burden to Respondents or Recordkeepers

Testing and Component Part Rules: Typically, most records required by the rules will not be
provided to the government. Records are requested by CPSC when we are investigating a potential
noncompliant product at the ports, or through a domestic compliance program. The component part
rule requires disclosure of records to third parties, but it allows for electronic access of records by
such parties. Thus, the component part rule does not require that records be duplicated and
physically provided to third parties, as long as such records can be made available to CPSC upon
request. No particular format for recordkeeping is required by either rule. The annual cost to
respondents to provide records to the CPSC and to third parties is expected to be minimal because
records can be provided electronically, via electronic mail, or via any other electronic format, such
as an Internet website.
Section 104 Rules: Marking, labeling, and instructions are required for every product subject to a
section 104 rule, which incorporate voluntary standards by reference. Firms will likely need to
obtain the current versions of the applicable standards to ensure that they are complying with the
rules. The average cost for a voluntary standard is about $60. We assume that each firm that
manufactures or imports a product subject to a specific 104 rule will require a copy of the voluntary
standard incorporated in the rule. Summing the number of firms that supply products in each
standard in the section 12 Table suggests that firms subject to the rule will require a total of 3,494
copies of various standard. The total cost of these standards is estimated to be about $210,000.
Every product must be marked and instructions must accompany the product. Because marking,
labeling, and instructions are typically already provided with the products, and only adjustments to
them are necessary, there should be minimal capital costs associated with meeting the requirements.
Additional Collections: The electrically operated toys rule does not require any specific technology
or software be used for either the recordkeeping or the labeling requirement. The babybouncer/walker-jumper rule does not require any specific technology or software be used for either
the recordkeeping or the labeling requirement. Neither rule requires a specific format for the
recordkeeping. Therefore, there should be minimal, if any, capital costs associated with these rules.
14.

Annual Cost to the Government

Testing and Component Part Rules: CPSC collects testing and certification records when we are
investigating a potential noncomplying product. The records are intended to provide documentation
of testing and certification, and traceability of component parts. In an investigation, access to these
records should make it easier to identify the noncomplying products and possibly reduce the cost to
the government of investigating a recall. Although the CPSC cannot estimate how often it will
investigate allegedly noncomplying product incidents, the examination of records required by the
rule would largely be incidental to a CPSC investigation. Accordingly, we anticipate that the
annual cost to the government will be minimal.
17

Section 104 Rules: For each section 104 rule, the estimated annual cost to the federal government is
approximately $4,279, which includes 60 staff hours to examine and evaluate the information, as
needed, for compliance activities. This is based on a GS-12 level salaried employee. The average
hourly wage rate for a mid-level salaried GS-12 employee in the Washington, D.C. metropolitan
area (effective as of January 2022) is $48.78 (GS-12, step 5). This represents 68.4 percent of total
compensation (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,”
September 2021, Table 2, percentage of wages and salaries for all civilian management,
professional, and related employees). Adding an additional 31.6 percent for benefits brings the
average compensation for a mid-level salaried GS-12 employee to $71.32 per hour. Assuming that
approximately 60 hours will be required annually, this results in an annual cost of $4,279. The
combined cost to the federal government for all 26 section 104 rules is $111,254.
Additional Collections: The total estimated cost to the government for the electrically operated toys
rule is expected to be less than 1 staff month (160 hours). Record review will be performed during
compliance inspections conducted to follow up on consumer complaints and reports of injury which
indicate possible violations of the regulations. The total estimated cost to the government for the
baby bouncer/walker jumper rule is expected to be two days (16 hours), of professional staff time
reviewing records required by the regulations.
The annual cost to the government of the additional collections of information is estimated to be
about $12,552 (160 hours + 16 hours × $71.32) This is based on an average hourly wage rate of a
GS-12, Step 5 employee.)
15.

Changes in Burden

Testing Rule: Three types of third party testing of children’s products are required by the testing
rule: certification testing, material change testing, and periodic testing. Our burden estimates for the
testing rule increased because we have assumed that the number of children’s products subject to
testing increased. The number of children’s products subject to testing increased because firms
introduced new products to the market and these new products are subject to testing under existing
standards.
•
•

The recordkeeping burden associated with the testing rule increased from an estimated 5.1
million hours to 5.2 million hours. The hourly estimated cost of the burden also increased, as
aveage rates of compensation increased from three years ago.
The third-party disclosure burden associated with the testing rule did not increase from an
estimated 600,000 hours. However, the hourly estimated cost of the burden increased, as
average rates of compensation increased from three years ago.

Component Part Testing Rule: The estimated hourly burden for the component part testing rule was
increased from 510,000 hours to 520,000 hours. The estimated cost of the burden increased from
$16.6 million to $18 million.
Section 104 Rules: Estimated burden for Section 104 Rules will increase with the addition of four
new children’s product safety standards. The following section 104 Rules have been added to this
information collection request:

18

•
•
•
•

Safety Standard for Infant Sleep Products (Burden hours 68,650)
Safety Standard for Stationary Activity Centers (Burden hours 44)
Safety Standard for Gates and Enclosures (Burden hours 9,416)
Safety Standard for Crib Mattresses (Burden hours 380)

Additional Collections: The hourly burden estimate for additional collections from the
electronically operated toys rule and the baby bouncer/walker-jumper rules remained unchanged.
16.

Statistical Reporting

Information collected under this requirement will not be published.
17.

Exemption for Display of Expiration Date

The agency does not seek an exemption from displaying the expiration date.
18.

Exemption to Certification Statement

N/A.
B.

Statistical Methods

The information collection requirements do not employ statistical methods.

19

APPENDIX A
Children’s Product Safety Rules: The following is a list of children’s product safety rules that
require third party testing and certification.
Citation
1203
1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
1233
1234
1235
1236
1237
1238
1239
1241
1303
1420
1501
1505
1510
1511
1512
1513
1610
1611
1615
1616
1630
1631
1632
1633
15 USC 1278a
Metal

Description
Safety Standard for Bicycle Helmets – Children's
Safety Standard for Infant Bath Seats
Safety Standard for Infant Walkers
Safety Standard for Toddler Beds
Safety Standard for Bassinets and Cradles
Safety Standard for Full-Size Cribs
Safety Standard for Non-Full-Size Cribs
Safety Standard for Play Yards
Safety Standard for Infant Bedside Sleepers
Safety Standard for Swings
Safety Standard for Portable Bedrails
Safety Standard for Hand-Held Infant Carriers
Safety Standard for Soft Infant and Toddler Carriers
Safety Standard for Carriages and Strollers
Safety Standard for Sling Carriers
Safety Standard for Infant Bouncer Seats
Safety Standard for Frame Child Carriers (not effective until 9/2016)
Safety Standard for High Chairs
Safety Standard for Children’s Folding Chairs and Stools
Safety Standard for Hook-On Chairs
Safety Standard for Infant Bath Tubs
Safety Standard for Baby Changing Products
Safety Standard for Infant Sleep Products
Safety Standard for Booster Seats
Safety Standard for Stationary Activity Centers
Safety Standard for Gates and Enclosures
Safety Standard for Crib Mattresses
Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing
Paint - Children's Products. Applies to consumer paints and paint used on certain movable
non-metal children's furniture products
Requirements for All Terrain Vehicles (ATVs) - Children's
Small Parts
Electrically Operated Toys or Articles
Rattles
Pacifiers
Requirements for Bicycles – Children's
Safety Standard for Entrapment Hazards in Bunk Beds – Children's
Standard for the Flammability of Clothing Textiles - Children's
Standard for the Flammability of Vinyl Plastic Film - Children's
Standard for the Flammability of Children’s Sleepwear: Sizes 0 through 6X (FF 3-71)
Standard for the Flammability of Children’s Sleepwear: Sizes 7 through 14 (FF 5-74)
Standard for the Surface Flammability of Carpets and Rugs - Children's
Standard for the Surface Flammability of Small Carpets and Rugs - Children's
Standard for the Flammability of Mattresses and Mattress Pads (FF 4-72, Amended) Children's
Standard for the Flammability (Open Flame) of Mattress Sets - Children's
Test Method CPSC-CH-E1001-08 and/or CPSC-CH-E1001-08.1 and/or CPSC-CH-E100108.2 and/or CPSC-CH-E1001-08.3, or for Metal Jewelry CPSC Laboratory SOP (effective
20

15 USC 1278a
Non-Metal
15 USC 2057c
1500.18(a)
1500.86(a)(5)
1500.86(a)(7) & (8)
ASTM F963

date 03/23/2009)
Test Method CPSC-CH-E1002-08 and/or CPSC-CH-E1002-08.1 and/or CPSC-CH-E100108.2 and/or CPSC-CH-E1002-08.3, Lead Content in Children's Non-Metal Products
Determination of Phthalates in Toys and Certain Children’s Products— Plasticizers in
Polyvinyl Chloride Plastic(Test Method: CPSC-CH-C1001-09.3 and/or GB/T 22048-2008)
(effective date December 31, 2011. See Federal Register notice of August 10, 2011)
Kites
Clacker Balls
Dive Sticks and Other Similar Articles
Standard Consumer Safety Specification for Toy Safety

The following sections of ASTM F963 are mandatory safety requirements for toys. Toys must be
third party tested and certified to meet each applicable section of the standard listed below.
Citations are to the 2011 version of ASTM F963, unless otherwise noted.
Citation
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20.1
4.20.2
4.21
4.22
4.23.1
4.24
4.25
4.26
4.27
4.27
4.3.5.1(2)
4.3.5.2
4.3.6.3
4.3.7
4.30
4.32
4.35
4.36
4.37
4.38
4.39
4.5
4.6
4.7
4.8
4.9

Description
Wires or Rods
Nails and Fasteners
Plastic Film
Folding Mechanisms and Hinges
Cords, Straps, and Elastics
Stability and Overload Requirements
Confined Spaces
Wheels, Tires, and Axles
Holes, Clearances, and Accessibility of Mechanisms
Simulated Protective Devices (except labeling and/or instructional literature requirements)
Pacifiers with Rubber Nipples/Nitrosamine Test
Toy Pacifiers
Projectile Toys
Teethers and Teething Toys
Rattles with nearly spherical, hemispherical, or circular flared ends
Squeeze Toys
Battery-Operated Toys (except labeling and/or instructional literature requirements)
Toys Intended to Be Attached to a Crib or Playpen (except labeling and/or instructional literature
requirements)
Toy Chests (except labeling and/or instructional literature requirements) – ASTM F-963-07e1
Stuffed and Beanbag-Type Toys
Surface Coating Materials – Soluble Test for Metals
Toy Substrate Materials
Cleanliness of Liquids, Pastes, Putties, Gels, and Powders
Stuffing Materials
Toy Gun Marking
Certain Toys with Nearly Spherical Ends
Pompoms
Hemispheric-Shaped Objects
Yo-Yo Elastic Tether Toys
Magnets (except labeling and/or instructional literature requirements)
Jaw Entrapment in Handles and Steering Wheels
Sound Producing Toys
Small Objects (except labeling and/or instructional literature requirements)
Accessible Edges (except labeling and/or instructional literature requirements)
Projections (except bath toy projections)
Accessible Points (except labeling and/or instructional literature requirements)

21