CPSC Small Business Office Webinar Series: Toy Standard Update (ASTM F963-16)

>> Shelby Mathis: Alright, hopefully everybody can hear me, and you aren't having any sound issues; hopefully I'm coming through loud and clear First off I just want to thank everybody for signing up for this webinar, we had overwhelming positive interest in attending

This is the US Consumer Product Safety Commission I am Shelby Mathis, the small business ombudsman I will be your guide, as it were, for the first of what we hope will be a monthly webinar series put on by our agency And this topic today is going to be the toy standard update, which as many of you know, the new toy standard is ASTM F963-16 So before we get started, let me just do a few housekeeping issues

First of all, many of you are getting acquainted with the GoToWebinar series technology that we're using to run this webinar You do have the ability to ask questions throughout the webinar, but I would ask if you have a question, just make a note of it, do not ask it yet because I'm not going to be able to present the webinar and answer those questions So, hold your questions until the end, and we'll talk a little bit about how to submit those to me And then, I would also ask, there's a chat function on your GoToWebinar toolbar that's on the right, that you not use that chat function, because I'm not going to be able to respond to that And a few more points

One is for those of you that are live on the webinar right now, tomorrow you can look in your email, for an email from me that will include the audio and video of this webinar, and that should come about 24 hours after the webinar ends For individuals that registered but were not able to attend live, they will also receive that video of today's webinar, the video and the audio tomorrow from an email from me And then lastly, I need to start with a disclaimer, which is that I am a CPSC staff member, and the views that are expressed here represent my own as a CPSC staff member and not necessarily those of the commission So with that, let's get started So the agenda today, first of all I'm going to start off by doing what I'm assuming is mostly refresher for everybody on this webinar, which is to talk about toy labeling and testing requirements and what hasn't changed

Everybody should, on this webinar, have been exposed in some way or another to these topics, and I think it'll jog a lot of memories for you guys And then number two, we're going to talk about the new toy standard itself, ASTM F963-16 We'll talk about the new testing requirements, and I'll do my best to highlight some of the important changes that are coming as a result of the new toy standard going into effect Third, I'm going to speak hopefully directly to importers, manufacturers and testing labs that are attending this webinar We're going to talk about what happens in terms of finding a new testing lab that can test to the toy standard, or continuing to use your existing testing lab

What do you do if you're a lab? How do you test to the new toy standard? What do your reports need to say? And manufacturers and importers will want to know that information as well And then the fourth thing we're going to cover is I'm going to do three examples, using testing toys, or example toys that are going to highlight some of the changes in the toy standard And then for the fifth part of our agenda, we're going to turn it over to you, our audience; I'm going to introduce you to Franky Toy, which I hope you will love as much as I do And we're going to conduct a little bit of audience polling, where we're going to ask interactive questions and see if you guys can get the right answers on how the new toy standard applies to different parts of Franky Toy Second to last I will highlight some business resources that are available through our agency, and some of the good work that we're doing here in terms of outreach and providing information to our stakeholders

And lastly we'll do a question and answer session, and that's where I'll ask you guys to submit the questions that you have as this webinar is going on I estimate that that question and answer session will be between 15 and 20 minutes The good news is, if I can't get to your question, then we have the ability to download a report that has the questions that were asked, who asked them, so that we can respond directly after the fact to you guys Alright, so toy labeling and testing: what hasn't changed Well, tracking information hasn't changed

And tracking information requirements are — three main things to remember here One, tracking information on all children's products, including children's toys, needs to be permanently affixed, and it needs to be on the product and the packaging where it's practicable to do so The pieces of information that we are generally looking for in tracking information are the domestic manufacturer or private labeler name If you are an importer, your importer name should go there Location and date of production of the product

Detailed information on the manufacturing process, such as batch or run number if you're utilizing that information in your manufacturing runs And then finally any other info to ascertain the source of the product The purpose here is to benefit a consumer and a manufacturer As a consumer, I should be able to look on a label that is on my children's product, including a children's toy, and tell whether or not I have a product that could be subjected to a recall As a manufacturer, you need to get that information from a consumer that may be having an issue with a product and be able to isolate within your processing runs, your manufacturing runs where the problem could be so that you can recall, from the market, whichever defective products may be in your run process

So, we get a lot of questions about tracking information at the small business ombudsman office Because you guys are attending via webinar, I can't provide you with a hyperlink that you can just click, but we've got a frequently asked questions site that's a really good resource That is how you get to it You also have the ability if you go to CPSCgov, which is our agency website, to just type in the search bar FAQs on tracking info and it will also pull up the frequently asked questions site

People find it really useful and it answers a lot of the questions that they have So what else hasn't changed? Lead content, this is certainly something we're still concerned about in children's toys If the toy is — well, if it's a children's toy it's intended for children ages 12 and under Two lead limits to be mindful of One is the total lead content, and that's 100 ppm

It cannot exceed that amount And then on surface paint, on the children's toy, cannot exceed 90 ppm And I've got this rubber duck here, because it also represents a potential phthalate concern And phthalates are plasticizers There are three types of phthalates that are permanently banned

And those three are listed on your screen under the permanently banned section Those phthalate concentrations cannot exceed more than 1 percent in a children's toy There are three other temporarily banned phthalates that are also listed on your screen, and they are temporarily banned, pending adoption of final rule by commission, and those concentrations can exceed no more than 1 percent

On the three phthalates that are temporarily banned, that applies to children's toys that can be placed in a child's mouth, and then childcare articles that facilitate sleeping or feeding or help with sucking or teething of a child that's three or under What else hasn't changed? Age grading of toys — it remains important that a toy be properly age-graded to determine what regulations apply And specifically there we're talking about small parts, which we'll touch on in just a second But the goal is always, when age grading a toy, to match the attributes of the toy to the abilities and behaviors of the child So what would our commission look at in terms of determining the proper age grading of a toy? Well, three things

One is the manufacturer's stated intent: what do they say the age grade is? The second is advertising, promotion, and marketing materials: are there photographs or videos of children using this toy? And if so, what is the age range of those children? That can sometimes be indicative of the proper age grade for the toy And then thirdly, how is the article commonly recognized as being intended for children? Because we, as a society, attach age ranges to certain toys based on our own experiences So I mentioned small parts a second ago This is something else that has not changed As we all know, small part present a choking, aspiration, and ingestion hazard

And what classifies as a small part? Anything that can fit into a small parts cylinder, and the dimensions of the cylinder are specified in the regulation that appears on your screen On the left-hand side, the bottom left-hand side of the screen is a picture of a small parts cylinder And there are five potential small parts that appear there on the screen, and you can see that the four that are laying on the table are all going to fit easily in that small parts cylinder, and the one that is there is the largest one, but you can see it also easily fits in the cylinder So what does this mean if you got a small part on a children's toy? Well, if the children's toy is intended for children under three years of age, then that's a problem; there is a ban on small parts in children's toys for toys age graded for children under three If the toy is graded for children between the ages of three and six, there are labeling requirements where you have to notify the consumer that this toy could produce a small part, and those labeling requirements are outlined in the regulation that appears on your screen, and that regulation outlines the sizing of the font, the placement, and the language itself

So how are small parts traditionally encountered? Well, one way that we certainly see it in our small office at the Consumer Product Safety Commission is that sometimes toys contain a small part, and a good example of this are little things that can be tucked into the pockets of maybe a doll If they'll fall into the small parts cylinder, then that toy itself contains a small part Another way that we encounter small parts is through use-and-abuse testing, and use-and-abuse testing produces small parts in two ways: one, through the drop test where you're truly holding a toy at a certain height and you're dropping it; the second way is the tension test where you're applying a certain amount of force to a toy to see what comes off the toy when that force is applied So we've got three pictures on the bottom of your screen that show the results of a drop test with this little toy horse So on the bottom left, you can see that the little toy horse, when dropped, lost one of its wheels

And there's a small part cylinder in the picture on the far left and it's zoomed in the size of the wheel versus the size of the little screw that affixed it in the middle picture You can see that the wheel is clearly bigger than the small parts cylinder, so this would not be a potential small part that would be banned on this toy However, the screw that is sitting next to the wooden wheel is a small part; you can see the picture on the far right of it in the small parts cylinder So what does this mean now that we know that, when you drop it, it produces this screw that can fit in the small parts cylinder? Well, what it means is if the age range, or the age grading for this toy is for a child under the age of three, this design is not going to work, and the manufacturer is going to need to figure out a way to permanently affix that wheel so that when the toy is dropped, it no longer produces a small part If this toy is age graded for a child between the ages of three and six, then it would require proper labeling, notifying consumers

Manufacturer could keep this design theoretically and label the toy, that it contains small parts So what else hasn't changed? And one of the reasons that I bring this up is because this is kind of a new thing within our agency and it's something that not everybody knows about: we have a small batch manufacturer registry And to qualify as a small batch manufacturer with our agency, there are two requirements: the first is a revenue requirement You have to meet both of these For the revenue requirement, if your company last calendar year in gross revenues aren't less than right under $1

1 million — and this is in US dollars for those of you attending from overseas, it's $1,099,399 — or less, and your business manufactured no more than 7500 units of a covered product, then you would qualify as a small batch manufacturer under our agency's standards What is the benefit of being a small batch manufacturer? Well, the benefit, and part of the reason that it's part of this presentation today is this potentially allows you to avoid third-party testing at an independent CPSC accepted lab for certain types of tests on certain children's products But the real reason it's here is because some parts of the toy standard, you can test at home if you are registered as a small batch manufacturer with us So there's a caveat with this, as with all good things The caveat is that, if you have registered with us as a small batch manufacturer and you plan to conduct some of the toy testing at home as opposed to using outside lab to do so, you need to, one, buy the toy standard which is a copyrighted document from ASTM, so you'll have to pay to purchase the toy standard; and then secondly, you're going to need to make sure that you can comply to the letter with that toy standard

So if you don't feel comfortable doing so, then you can engage an outside lab Now, registration with us is not required by our agency, but again, it can lower your testing burden if you qualify To register, you actually go to a portal that's hosted through SaferProductsgov, and registrants, after registering through the portal, will receive an email that contains their small batch manufacturer number, and that small batch manufacturer number is referenced in number seven on a Children's Product Certificate, which is a CPC; or a General Certificate of Conformity, which is a GCC And small batch manufacturer registration is done each calendar year, so it runs from January to December

And for those of you that are on our small business newsletter, thank you, first of all And secondly, each December we send out an email reminding all of our small batch manufacturers that it's time to re-register for the upcoming year Alright So let's get to the matter at hand which is the new toy standard And let's do a little bit of background on the toy standard

Currently in effect is ASTM F963-11 That standard became effective as of June 12, 2012 So toys manufactured on or after June 12, 2012 must be tested to that new toy — to the 11 toy standard Sorry At the end of this month, on April the 30th, 2017, the new toy standard, F963-16 will go into effect

What does this mean? It means that all toys that are manufactured on or after April 30th must be tested to the new standard And for a little bit of background information on how this became the mandatory toy standard, we were notified by ASTM on November first of 2016 that there was a new voluntary toy standard, the 963-16 We published, in the federal register, a direct final rule on February the second of 2017, and then 180 days after the notice — that's April 30th, 2017 — the new standard, the voluntary standard becomes a mandatory toy standard under Section 106 of the CPSIA Alright So I'm going to, without belaboring the point, highlight some of the changes in the toy standard, because I know that this is the information that everybody is really here for today

Before I start, two notes One is, at the bottom of your screen, that this toy standard, for those of you who are a bit familiar with the European Toy Standard or ISO 8124, a lot of these changes may look familiar And why is that? Well, it's because when ASTM was putting together this new toy standard, they did it in an attempt to align the US Standard with the European Standard and the ISO standards So that's the first note And then the second note, for those of you who want to track the changes in the toy standard from the 11 version to the 16 version, I would recommend you purchase the standard from ASTM's website

They do have an option to purchase a red line of the toy standard that will actually track the changes from 11 to 16 We've gotten a lot of questions on, how we can tell the difference besides comparing the documents side by side? The answer is purchasing the red line bundle from ASTM when you get the new toy standard Alright So with all those caveats, let's look at some of the changes The first one is on battery-operated toys and magnetic toys

If you are a manufacturer or importer or testing lab, on those two types of toys, labeling requirements under the toy standard have changed For batteries, there are new testing requirements on certain types of button and coin cell batteries that exceed 15 volts, and there's four new testing methods which appear on your screen for batteries and toys The third bullet point, cleanliness There are some changes in the test methods for biological material, so we're talking putties, gels, pastes that might be part of a toy

And there's also some changes in testing on stuffing materials, and one of those changes has to with microbial cleanliness as it does for the biological materials Good news: for heavy elements you can now use an HDXRF to do that total element screening And then for magnets, there is a new cyclic soaking test for magnets in toys However, this only applies to three types of toys that contain magnets One is a wooden toy that contains a magnet; the second is a toy that's going to be used in water because it could be exposed to moisture; and the third is some mouth-actuated toy that could be exposed to saliva as, being a mouth-actuated toy, that contains a magnet or a magnetic component

For mouth-actuated toys, there are some design requirement additions that will prevent a projectile and its design from entering the mouth if it's a mouth-actuated projectile toy, keeping the projectile from coming back to the user's mouth For projectile toys specifically, there are kinetic energy density level changes that are now allowed for certain types of projectile toys And of note here is that our staff here at the CPSC has elected to exercise enforcement discretion on one specific section of the new toy standard, and that's 4212

3 And in our discretion, we're going to apply the kinetic energy density or KED requirements only to projectiles with energy greater than 08 joules So for ride-on toys, there are also some design changes First one, stability

There is a spacing requirement now on wheels that are on the same axis so that they can be counted as two separate wheels There are changes in the overload test for ride-on and seated toys that are more stringent And for restraints that might be on a ride-on toy like a waist restraint or a seatbelt, those restraints are now free or exempted from the free length and loop requirements so those waist restraints can be longer on a ride-on toy For sound-producing toys, there's a new definition for sound-producing toys that, it's a little broader and includes mouth-actuated toys There are increases in the peak limits, addition of a new noise limit, and a lower test speed for push-pull toys in that category

And then lastly, there are two new sections to the toy standard, although one's really a throwback for those of you that track the toy standard through the years Toy chest used to be a part of the 07-epsilon-1 version of the toy standard Well, they've been brought back and their now in the 16 version with one clarification that has to do with the multi-positional lid requirement when you're doing the maximum lid drop test And then a second new section is actually a new material or a new toy, and that's an expanding material which we'll learn a little bit more about in just a second The expanding materials are defined

There are some performance requirements that are placed on them, and there is a test methodology and a test template which include a gauge to determine whether or not they pass the test The reasoning here is that there's a potential emerging hazard associated with expanding materials which are very small materials that, when exposed to moisture, become much larger The hazard here that we've identified is potential GI blockage related to ingestion of them So, the test methodology and the test template were designed to try to address that potential hazard So, for testing labs, now that there's going to be a new standard in place, what happens? The good news is, is that if you are a testing lab that's already accepted to the 11 standard in certain sections of the toy standard, you can already start testing to the 16 standard in those same sections

For the two new types of toys that are incorporated into the 16 toy standard, first of all, toy chest for labs that were previously accepted on the 07-epsilon-1 Toy Chests section, which was 427, great news: those labs that were previously accredited to test to Toy Chest in '07, on the 07 standard can now test to the 16 standard for Toy Chest And on Expanding Materials, a completely new toy, labs that were already accepted to ASTM F963-11, that's the standard currently in effect that had been accredited for two sections — one is 46, that's Small Parts, and the second one is Squeeze Toys — if you are a lab that's been accredited to both of those sections on the 11 standard, you can test for Expanding Materials to the 16 standard So, how do you find a CPSC-accepted lab? There's the lab search page URL on your screen

Again, it's not a hyperlink because you're viewing just a picture of my screen, but when you go to that lab search page, you have the ability to narrow your search by both country and the type of product testing that you need to have conducted So, for labs, what is the deadline for applying for reaccreditation to the new toy standard? The deadline is February the fourth of 2019 As of that date, our agency is no longer going to accept lab applications that reference sections of the 11 standard to support being accredited to the 16 sections Applications from labs should be submitted via our online portal, and the web address is actually on your screen Applications began being accepted as of February second of 2017, and for those of you keeping track, that was the date we published in the Federal Register that there would be a voluntary standard, toy standard converting to a mandatory toy standard at the end of April

Labs are accepted on a test-by-test basis, so labs may not be accredited to every section within the 16 toy standard Maybe there are just a few sections that they're accredited for And labs must remember to reapply with our agency at a minimum, at least every two years One last point, and I think it's important on the import side, it's important on the manufacturer side, and it's certainly important on the testing lab side, is that if you are conducting testing already to the new toy standard, ASTM F963-16, you need to make sure that your testing reports reference both the 16 standard and the sections from the standard that you are testing to This is a requirement from our agency

It was part of the Federal Register notice that got published This requirement is as a result of our agency wanting to track which labs have already started testing to the 16 section, the 16 standard, and which sections they're already testing to Alright, so now that we have done a little bit of background on all of the changes in the toy standard, I'm going to go through three sample toys that highlight changes in the toy standard, distinctions between the 11 and the 16 standard, and then I'm going to turn it over to you guys for some fun audience polling Well, I hope it's fun So, our first toy that we're going to take a look at is this cute bear, which is a stuffed animal that's filled with marabou, and for those of you who don't know, marabou is actually a stuffing that's derived from poultry feathers; it's avian feathers

So, on the left-hand side of your screen, you can see the CPSC and current toy standard, the 11 standard, testing requirements So, let's go through them pretty quickly The first one, it looks like those are little plastic eyes on our cute teddy bear, so they could require phthalates testing Depending on how the eyes and the ears and the nose are painted, there's potential lead substrate and surface coating testing that would need to be done We've got, it's a children's toy, so we've potentially got small parts concerns there

Look, the eyes are very small, we can't tell how small the nose is, potentially, the ears could even be small parts And then, because it's a toy, it's going to be subjected to use and abuse testing So, let's compare that to the right-hand side of the screen, where we're talking about the CPSC and new toy standard, the 16 standard testing that would be required So, first off, phthalates, the two types of lead, small parts, and use and abuse, those all remain unchanged The tests, the use and abuse test remains unchanged, and the three things above it, those standards and requirements have not changed

However, because we've got a stuffing material here that's made from poultry feathers, and we have changes in the cleanliness test for stuffing, this is new So, there's a modified test for cleanliness and in the stuffing in this bear, we're going to need to do a visual inspection and that section is modified in the toy standard, and then, there's a bacteriological safety test that needs to be conducted because these are avian feathers And that, again, is a new change to the 16 standard And important to keep in mind here, many toys from a left and a right comparison of the 11 standard and the 16 standard are not going to have changes I have truly selected these three examples because they highlight changes in the toy standard

So, just keep that in mind So, for our second example toy, this is an expanding material It's a super-absorbent polymer ball, and you can see from the far left how small the ball is, and then, when exposed to moisture, how much larger it grows in size So, on the left-hand side, we've got the CPSC and current toy standard, the 11 standard testing that's required If there are plasticizers associated with this, and there likely are, then phthalates testing would need to be conducted

And then depending on the material that it's made of and how it is colored, we could have Lead Substrate and Surface Coatings testing that needs to be conducted Let's compare that to CPSC requirements and the new toy standard Well, phthalates and the two types of lead testing has not changed That will still need to be taken care of, but because this is an expanding material, and that's a new type of toy, we have to conduct the Expanding Materials Test, and how is that test conducted? Well, the original expanding material, which is on the far left, has to be soaked in de-ionized water for 72 hours to see how far it expands If that polymer ball expands more than 50 percent in any direction, it meets the definition of an expanding material

And once it's defined as an expanding material, we need to make sure that it will pass through a gauge, and the dimensions of that gauge are outlined in the new 16 toy standard And again, the measurements on that gauge reflect an intent to try to accommodate the potential GI blockage hazard associated with these Expanding Materials And our last example toy is a push car for toddlers It's a ride-on toy, so, before we go through the comparison on both sides, just a few things to point out One is you see it's got a steering wheel, it's got four wheels that are you, you know, affixed to the car in some way, and it's also got a waist restraint, or a lap belt for the child that's going to sit in it

So, on the left-hand side, we've got the CPSC and ASTM F963-11 testing requirements which are: phthalates, because that looks like a lot of plastic on that ride-on toy Depending on how it's painted and what it's made of, lead substrate and surface coatings testing would likely need to be done In terms of small parts, we can't see them, but there are potential small parts on the wheels, on the steering wheel, depending on what happens when this is subjected to use and abuse tests, there could be quite a few small parts that were liberated Dynamic, because it's a ride-on toy; dynamic strength; cords, straps, and elastic; stability; and overload/collapse tests all need to be done That's all part of ride-on toy requirements

Now, let's contrast that to the right-hand side for the 16 standard, and you'll see that much of it has remained unchanged Phthalates, the two types of lead, small parts, use and abuse, and dynamic strength, which is how the toy functions when it's in motion, have not changed However, three things associated with this ride-on toy in terms of testing have potentially changed First has to do with the cords, straps, and elastic; and that's that waist belt that we talked about earlier The waist restraint is now exempt from the free length and loop requirements, meaning that it can actually be longer and still be approved or passed the ride-on toy test

Secondly is the stability test, and you see that there are wheels, there's four wheels on this ride-on toy We can't see how far apart they're spaced, but to be considered separate wheels under the Stability standard, those wheels on the same axis must be spaced out at least 59 inches apart And then, lastly, for the overload/collapse test, the standard now has you default to a heavier overload weight on that ride-on toy to accommodate larger children Alright, now that I, I've done some of the work for you, we're going to take a look at Franky Toy, which, before I start, I need to say that Franky Toy is the result of a collaboration between our government agency and Health Canada

This predates me at the agency, but as I understand it, there were several, several brilliant toy individuals that came together and said, "How can we create a toy that's got all of these neat components that could represent a whole myriad of toys?" Once that idea was fully formed, Health Canada was kind enough to give us this beautiful illustration of Franky Toy, so for those of you from Health Canada that are listening, thank you very much for this beautiful illustration Alright, so, with all that being said, let's meet Franky Toy First of all, he's meant to look a little like the Frankenstein monster, I mean, hopefully that comes across on everybody's screen His head is an injection-molded head It's got painted hair; his face is painted

He's got a little mouth that's actually a speaker device, and the good news, for those of you that love the song, "Ride of the Valkyries," that is the only song that Franky Toy is going to play for you So, hopefully you like it For his neck, his neck is a stiff neck, and on both sides, you can see there are little magnets that look almost like bolts just with the Frankenstein, just like the Frankenstein monster had Then, moving down Franky, he's got two hands that both have a lot going on On his left-hand side is a projectile device if he doesn't like who's playing with him

And then, on his right-hand side, if he likes who is playing with him, is a pacifier Franky's got a stuffed torso that looks almost like a plush fur outer coating There is a battery compartment in Franky's torso, and then, going down his legs to his little feet, you can see at the bottom of his feet, there are two large magnets that allow Franky Toy to stand on his own on a metal surface So, that's Franky Toy So, with all of that being said, let's focus on some audience polling, and for those of you that are using your computer, on the right-hand side of your screen, you should have the ability to answer some polling questions that we're going to ask

So, I want you to focus first on Franky's head, and the question here, and I'm going to post It up on your screen, is, "What testing would be required on Franky's head by the CPSC?" And you can select all that apply Alright, and votes are coming in, so we're going to give you guys now just a few more seconds to get your votes in Alright, so we're going to go ahead and close the poll, and then let's take a look at what we as a group thought the answer was in terms of the testing that was needed for Franky Toy And it looks like the majority of you guys picked, "All of the above," as your answer Let's see if that's actually correct on Franky's head

Good news: everybody got the first question right Testing on Franky's head would need to be heavy elements, the two types of lead, use and abuse testing, and all that, so, "All of the above," was the correct answer, and small parts testing was not one of those choices, but there's a potential small parts concern with Franky's head His head is plastic, so we've also got a phthalates concern with his head, and the hair and nose and eyes on Franky So, now that we're warmed up, and we're performing well, let's move on to the next part of Franky, which is his mouth, and take a look at the speaker device on Franky's mouth, and then our next question, I'm going to post on your screen, which is, "Would the speaker device in Franky's mouth be subject to decibel limits testing under the new toy standard?" And, you should answer,yes or no Alright, I'm going to give you guys a few more seconds to get your answers in

Alright, it looks like pretty overwhelming response, so I'm going to close the poll and post the responses Let's see what we thought as a group It looks like overwhelmingly, we thought that Franky's speaker mouth would be subjected to the decibel limits testing of the new toy standard Let's take a look and see if that is correct Good news: you guys are right again

Franky's mouth would be subjected to decibel limits on sound-producing toys Also, of note, use and abuse testing, because he's still a toy, and heavy elements testing would also need to be done on Franky's speaker mouth, potentially, but for decibel limits testing, the only types of toys that are exempt from decibel limits testing that are sound-producing toys are those that are mouth-actuated, where you're blowing into the toy to create some noise, those where sound is produced by a child hitting something, like a xylophone, a bell, or a drum, and then those toys that are squeezed, where you squeeze and produce a noise Only those three types of toys are exempted from decibel limits testing under the new toy standard Alright, now for the next topic, I'm going to have you guys take a look at Franky's neck and the magnets on Franky's neck And I'm going to put up the next question, which is, "Would the magnets in Franky's neck be subject to the new magnet soaking test?" Because the results are coming in, and it's very close, I'm going to give you guys a little bit more time to get the answers in

And remember, this is a new section on the toy standard So, the magnet soaking test is something that people may not be familiar with Alright, it looks like most people have gotten their answers in I'm going to go ahead and close the poll, and then let's take a look at the results, and see what everybody thought the answer was So, it looks like just by a little bit, people thought that the magnets in Franky's neck would be subject to the magnet soaking test

Let's see if you guys are correct So, the correct answer here is actually no The magnets in Franky's neck would not be subjected to the soaking test They would only be subject to the flux density measurement test Also of note, the magnets have potential small parts, use and abuse testing

His neck is stiff and could break, so sharp points and flexure tests would need to be done But on the soaking test for magnets, in the new toy standard, that test only applies to three types of toys, which are: wooden toys that contain a magnet, toys that are intended to be used in water, or mouth-actuated toys that have magnets or magnetic components And kind of a way to remember this is they could easily be exposed to moisture, right? A wooden toy isn't going to protect a magnet from moisture exposure, certainly ones that go in water, and a mouth-actuated toy is exposed to saliva, so there's a wetness, exposure for the magnet, so the magnet would be subjected to the soaking test That's in Section 825

4 of the new toy standard Alright, now let's look at Franky's pacifier hand I'm going to put up a question about his pacifier hand Now, remember, this is a pacifier that is part of a children's toy, so the question here is, "Would Franky's pacifier hand need to undergo pacifier testing under 16 CFR 1511?" And the answers are coming in Thank you to everybody who's participating in the polling

The participation level is very high, so it's great to see that I'm going to give you a few more seconds to get your answers in on the pacifier hand and whether it would be subjected to pacifier testing Alright, I'm going to go ahead and close the poll, and then publish the answers, and we can see what we as a group thought So, it looks like as a group, you guys thought that the pacifier hand was going to be, was needing to be tested to the pacifier standard, which is 16 CFR 1511, even though it's a pacifier that's part of a toy, and not a pacifier by itself So, let's see if that answer is correct

You guys are correct The pacifier on Franky's hand would need to meet the pacifier testing in the regulation in 16 CFR 1511, and that testing includes a heat cycle test, small parts test, and nitrosamine level testing And because the pacifier itself is plasticized, it would also need phthalates testing Alright, now, not another question, but we're going to look at Franky's other hand, which is the projectile toy device, because, remember, we talked about the fact that there's some changes in the projectile toys So I just wanted to point out, for Franky's hand, that the kinetic energy density test could potentially need to be applied here, if the kinetic energy of that projectile device is greater than

08 joules, and because we don't know that, and I didn't supply that information to you, I thought it would be a little, little not nice for me to ask a question if I hadn't given you all the information, so just keep in mind that that kinetic energy density test could need to be applied if it exceeded 08 joules Again, that is per our agency staff enforcement discretion decision that I discussed earlier, and that projectile device could be made of plastic, so it could need phthalates testing Alright, now, let's take a look, we're going to do a few more questions Let's look at Franky's stuffed torso, which is a plush outer covering, and let's, I'm going to put the question up on the screen, and we're going to see whether or not you think Franky's stuffed torso requires flammability testing in order to meet our agency requirements

Alright, and the answers are coming in Again, thank you everybody for how many people are participating I'm going to give you just a few more seconds to get your answers in Alright, it looks like most of our answers are in We're going to going to ahead and close the poll, and I'm going to publish the results, and we're going to see what we as a group think

So, it looks like as a group, we pretty overwhelmingly think that Franky's stuffed torso would need to undergo flammability testing to meet our agency requirements So, let's see if that answer is correct It is not correct Under our agency requirements, flammability is specifically exempted, and that was per Congress However, for many of you at testing labs, you do know that there is a flammability section in the toy standard that is not mandated by our office, for toys

So, just keep that in mind Franky's torso does contain a battery, so there's battery-operated toy changes in the toy standard that could apply to Franky's torso Again, it's stuffed We talked a little bit about the testing for stuffing We need to make sure it's clean, there's no vermin, there's no sharp objects, non-toxic materials are contained, and then it's still a toy, so we still need use and abuse testing

Alright, finally, we're going to look at Franky's feet, and there's no question here, but I just wanted to talk about the magnets that are on the bottom of Franky's feet So, these magnets, again, not subject to moisture; as best we know, this isn't a water toy So, the magnets would just need to meet the flux density measurement requirement in the new toy standard, and again, we've got a heavy elements, including lead, lead in surface coatings and heavy metals concern there, so that portion of Franky's feet would need to be tested for heavy elements And then depending on how they're constructed, they could be plastic We can't tell from this graphic; there could be a phthalates testing requirement

So, guys, that's the end of Franky Toy I hope you really enjoyed the audience polling portion of this Let me talk a little bit about our business resources That's my name: I'm Shelby Mathis I'm the small business ombudsman

My email address is on your screen You should feel free to send me an email with specific questions that you have about the toy standard, or consumer products in general, testing and labeling requirements The telephone number that's on your screen is a US phone number It's area code 301-504-7945, and that is our business line that rings at both my desk and my colleague Will's desk So, you can actually speak to a real, live person here at a US government agency

For those of you that are so inclined, you can follow us on Twitter We're @CPSCSmallBiz, is our handle, and the benefit of following us on Twitter is that for things like this webinar, we post those usually like two weeks in advance, so you can mark a date on your calendar A few other resources I just wanted to get through before we do the question and answer session is our regulatory robot This is an interactive bot that is on our website, and if you just don't know where to start, it's a great place to go The URL is right below the little regulatory robot graphic, and it's a, it is an interactive system that will ask you a series of questions to try to determine what type of product you're making

At the end, it will spit out a report that you can then download and keep yourself that lists labeling and testing requirements that could apply to the product, based on the answers that you provided Right below that regulatory robot is a reference to a desktop reference guide Many people find them very useful and keep them posted at their workstation The desktop reference guide breaks down consumer products into certain categories and then tells you the labeling and testing requirements associated with each type of consumer product Moving to the right-hand side of the screen, I just wanted to let everybody know, for those of you that are interested in future webinars, we do, again, plan to do these on a monthly basis

This is our first one, if you want to keep tabs on what the new topic areas are and what the dates are that are planned, we send those out via our newsletter, so you can sign up for our newsletter at cpscgov/email You'll need to select from the menu there Small Business Ombudsman Updates We try to send those out monthly, sometimes they go out more or less frequently, just depending on what's going on It also includes commission actions that could impact small businesses

And then, finally, to find testing labs, we talked a lot about changes on the toy standard and what labs and manufacturers and importers need to do to find a testing lab that can test to this new toy standard You can go to our lab search page, and that is on your screen So, with that, I'm going to conclude our webinar today Thank you so much We had such an outpouring of interest for this webinar

There is potential that we will rebroadcast it at another time, but certainly for everyone attending today, you're going to receive it by email, and you can review it or share it as you see fit And then, lastly, after you close out of this webinar, a feedback survey is going to pop up on your screen, and it's four short questions about whether or not you thought this webinar was useful, and whether the content was presented in a very clear way We're trying to get as much feedback as we can as a government agency; we want to be more accessible to members of the public, so if you guys would kindly fill out that feedback survey, it will also be included in the email to you tomorrow We would love to get as many responses there as we possibly can So, with that, I'm going to conclude this webinar, and I thank everyone for attending


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