Focus On Plush Toys
Presented by:
Haley Sprague and Jennifer Buoniconti
UL / PPAI Product Safety Consultants
© 2011 Underwriters Laboratories Inc.
This information is being furnished by PPAI for educational
and informational purposes only. The Association makes no
warranties or representations about specific dates,
coverage or application. Consult with appropriate legal
counsel about the specific application of the law to your
business and products.
Plush Toy Requirements
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Hazardous Conditions
Mechanical Safety
Chemical Requirements
Flammability
Performance
Labeling
Hazardous Conditions
Sharp Accessible Points
• Not allowed before or after use and abuse testing
Sharp Accessible Edges
• Not allowed before or after use and abuse testing
Small Parts
• No toy intended for children of all ages can be small enough, with
out being compressed, to fit within the small parts cylinder
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Applicable before and after use and abuse testing
Mechanical Safety
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Bite Test
Impact Test: Plush Toys
Torque Test
Tension Test for Seams in Plush Toys
Tension Test
Compression Test
Material Quality
Cords & Elastics
Washable Toys
Chemical Requirements
CPSIA Ban of Lead-Containing Paint
• 16 CFR 1303 in effect since 1978 at 600 ppm
• As of August 14, 2009, 90 ppm limit
– Compliance is required
– GCC/CPC is required
– Can test at ink stage, must have “traceability”
– Third party testing is required
– Composite Testing is allowed
– Wet paint can be tested
– HD XRF test method allowed
Chemical Requirements
Soluble Migrated Elements (ASTM F963)
In surface coatings on toys, the following limits apply:
- Soluble Antimony: 60 ppm
- Soluble Arsenic: 25 ppm
- Soluble Barium: 1000 ppm
- Soluble Cadmium: 75 ppm
- Soluble Chromium: 60 ppm
- Soluble Lead: 90 ppm
- Soluble Mercury: 60 ppm
- Soluble Selenium: 500 ppm
Note: If less than 10 mg of surface coating is present on the toy, the surface
coating is exempt from Soluble testing.
Chemical Requirements
Soluble Migrated Elements (ASTM F963)
In substrates of toys, the following limits apply:
- Soluble Antimony: 60 ppm
- Soluble Arsenic: 25 ppm
- Soluble Barium: 1000 ppm
- Soluble Cadmium: 75 ppm
- Soluble Chromium: 60 ppm
- Soluble Lead: 90 ppm
- Soluble Mercury: 60 ppm
- Soluble Selenium: 500 ppm
Note: No exemption for textile materials.
Chemical Requirements
CPSIA Lead in Accessible Substrates
• A substrate is the material of which something is made, and to which
surface coating (i.e.. paint) may be applied
• As of August 14, 2011, 100 ppm limit
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Compliance is required
GCC/CPC is required
Component testing is allowed, must have “traceability”
Third party testing is required
Composite Testing of ‘like materials’ is allowed
XRF test method allowed
Material Testing Exemptions – Total Lead
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Pure Wood (not plywood or other composites)
Paper
CMYK printing inks
Certain precious and semi-precious gemstones
Pearls
Stainless steel
Precious metals
Natural fibers (dyed or undyed) including, but not limited to: cotton,
kapok, flax, linen, jute, ramie, hemp, kenaf, bamboo, coir, sisal, silk,
wool (sheep), alpaca, llama, goat (mohair, cashmere), rabbit (angora),
camel, horse, yak, vicuna, qiviut, guanaco
• Manufactured fibers (dyed or undyed) including, but not limited to:
rayon, azlon, lyocell, acetate, triacetate, rubber, polyester, olefin,
nylon, acrylic, modacrylic, aramid, and spandex
Chemical Requirements
Prohibition on Sale of Certain Products Containing
Specified Phthalates
• Applies only to Children’s Toys and Child Care Products
• For all such products, DEHP, DBP, BBP – limit of 0.1%
• For all such products or any part of the product that can be placed in
a child’s mouth: DINP, DIDP, DnOP – limit of 0.1% (interim
prohibition)
• Applies to accessible materials only (before and after use and abuse
testing)
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CPSC Phthalate Guidance
Phthalates may be found in following materials:
– Soft or flexible plastics, except polyolefins
– Soft or flexible rubber, except silicone rubber and natural latex
– Foam rubber or foam plastic such as PU foam
– Surface coatings, non-slip coatings, finishes, decals, printed
designs
– Elastic materials on apparel, such as sleepwear
– Adhesives and sealants
Phthalates would not likely be found in the following materials:
– Unfinished metal
– Natural wood, except coatings and adhesives added to wood
– Textiles, except printed decorations, waterproof coatings, elastic
– Mineral products such as sand, glass, crystal
Chemical Requirements
Illinois Lead Poisoning Prevention Act: Warning
Statement Requirement
• A warning statement is required for the toys containing paint with a
specified Lead content in their surface coatings
• If > 40 ppm but < 90 ppm of Lead is present, a warning statement is
required
“WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR
CHEWED. COMPLIES WITH FEDERAL STANDARDS.”
Flammability
Flammability of Solids: Plush Stuffed Toys
• A product is considered to be a flammable solid if it
ignites and burns along it’s major axis with a selfsustaining flame at a rate greater than 0.1 inches per
second
Flammability
Flammability of Textile Fabrics
Plain Surface Fabrics
• Specimens are acceptable if they did not ignite, ignited but
self extinguished or any combination thereof
• Average burn time is 3.5 seconds or greater
Raised Surface Fabrics
• Specimens are acceptable if they did not ignite, ignited but
self extinguished or any combination thereof
• Average burn time is 4 seconds or greater
Additional Required Testing
Labeled Claims
• Samples shall perform as intended and meet all verifiable
labeled claims
Material Cleanliness
• Loose fillers shall be free of objectionable matter originating
from, insect, bird, rodent or other animal infestation and of
contaminants, such as splinters and metal chips to the extent
possible in good manufacturing practice
Performance Testing
Colorfastness to Crocking
• Address staining and marking concerns for
fabrics that come in contact with other fabrics
Colorfastness to Water
• Determines if a colored textile will be stained or lose color
when exposed to water
Colorfastness to Saliva
• Determines the fastness of colored textiles to the affects of
simulated saliva
Labeling
Country of Origin (19 CFR)
• Articles of foreign origin (or its container) imported into the
United States must be marked with the name of the country of
origin
CPSIA Tracking Label
• Product and its packaging must bear a permanent
distinguishing mark as required to the extent practicable
Producer Markings (ASTM F963)
• Toys or their packaging must be legibly and conspicuously
marked with the name and address of the producer or
distributor
Labeling
Age Grading: Plush Toys
• Toys should be labeled to indicate the minimum age for
intended use or have such labeling on any packaging
• Stuffed plush toys are typically tested for the safety of all ages
regardless of the age grading on the label because they are
commonly recognized as appropriate for young children
Labeling
California Proposition 65
• Requires the State to publish a list of chemicals known to
cause cancer or birth defects or other reproductive harm.
– The list of chemicals can be found at www.oehha.ca.gov
• Requires businesses to provide “clear and reasonable”
warning before knowingly and intentionally exposing anyone
to a listed chemical
• Intended to help Californians make informed decisions about
protecting themselves from exposure to certain chemicals
• Confirm with manufacturer/supplier that none of the chemicals
have been intentionally added to your product
Summary of State’s Stuffed Toy
Licensing and Labeling Laws
Uniform Label
• It is possible for manufacturers to utilize a uniform stuffed toy
label which is good in all three states (Ohio, Pennsylvania and
Massachusetts)
• There is no color, size, or type requirement for the Uniform
Label, provided the print is legible and can be readily
discerned
• The label must be affixed to the toy itself
Summary of State’s Stuffed Toy
Licensing and Labeling Laws
Uniform Label Requirements
• The Pennsylvania license number of the manufacturer or
vendor. Ohio and Massachusetts will accept the use of a
Pennsylvania toy registration number if that number if
registered within these states and their fees are paid
• The name and principal place of business (city and state) of
the manufacturer or vendor
• A statement that “All New Materials” (with type of material) or
“All New (type) Material” was used in the manufacture of the
stuffed toy
Pennsylvania
License Fee
• $25 initial registration
• $25 annually
Labeling Requirements
• Manufacturers must submit detailed information as to the
filler content of their stuffed toys and specimens of the toys
selected at random to the Pennsylvania Licensing
Authorities
Pennsylvania
The regulation provides that stuffed toys are “unfit for sale” should they contain:
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Material of sufficient size to visibly reveal a pattern, weave, or other mechanical
unification of threads to indicate prior use of a previous manufacturing process.
Dirt and/or other foreign matter in excess of 1% by weight.
More than 1 % oil or grease
More than 0.002% Lead
More than 0.0002% Arsenic
More than 5% Ammonia
More than 1% Urea
Plastic or metal ornaments such as eyes, notes etc. not of a safe design or not
attached to the stuffed toys in such manner to prevent removal
Stones or other hard materials having jagged or sharp edges
Material bearing electrostatic charge with adherence characteristics which when
exposed could lodge in the windpipe, ears or nostrils.
Filling material which surface burns at a rate of less than 3 seconds for 12 square
inches.
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Pennsylvania
Registration Requirements for Foreign Manufacturers
• The manufacturer may register directly with the Department at the
foreign manufacturer’s locations. This is identical to the requirement
for domestic manufacturers, or
• An importer may hold a stuffed toy registration on behalf of each
foreign manufacturer represented. The Department does not permit
“pooling” of registrations
• The Department is not requiring registration of each plant for
domestic manufacturers but only to ensure that each foreign
manufacturer is separately registered
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Pennsylvania
Classification of Flammability of Fabrics:
No nap, pile, tufting, flock
or other type raised fiber
surface
Napped, pile, tufted, flocked or
other type raised fiber surface
Class I
(relatively slow burning)
When time of flame spread
is 20 seconds or more for
12 square inches
When time of flame spread is over
7 seconds for 12 square inches
Class II
(moderately flammable)
When time of flame spread
is 8 to 19 seconds for 12
squares inches
Burns with a rapid surface flash in
less than 7 seconds for 12 square
inches, with no fusing or ignition
of base fabric
Class III
(relatively flammable)
When time of flame spread
is 3 to 7 seconds for 12
square inches
When time of flame spread is 4 to
7 seconds, both inclusive for 12
square inches with fusing or
ignition of base fabric
Class IV
(rapid and intense burning)
When time of flame spread
is less than 3 seconds for
12 square inches
When time of flame spread is less
than 4 seconds for 12 square
inches with fusing or ignition of
base fabric
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Pennsylvania
Classification of Flammability of Non-Fabrics:
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Non-fabric materials include plastics, paints, and non-fabric portions of a
stuffed toy. These materials which meet the requirements in Class V are
accepted as having no unusual burning characteristics. Materials which have
burning characteristics (Class VI) are considered dangerously flammable
and recognized as unsuitable for stuffed toys because of their rapid burning
and intense burning
Class V – Materials are classified as normal flammability when a 9 square
inch sample does not burn or flash the full area during a 4 second flame
exposure
Class VI – Materials are classified as rapid burning when a 9 square inch
sample burns or flashes the full area during a 4 second flame exposure
Note: 16 CFR 1500.44 and 16 CFR 1610 standards may preempt the
Pennsylvania flammability requirements if the Pennsylvania requirement is not
identical to the federal regulation applicable to toys.
Massachusetts
License Fee
• $300 initial registration
• $300 annual renewal
Labeling Requirements
• Same as Pennsylvania, Uniform Label is acceptable
Ohio
Licensing Fee
• Annual fee of $50
• File quarterly reports accompanied by a tax of four
cents per item sold in the State of Ohio in the preceding
quarter
Labeling Requirements
• Same as Pennsylvania, Uniform Label is acceptable
Battery Operated Plush Toys
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Labeling and instruction markings
Mercury content
Function and performance testing
FCC requirements
Noise level
Product Safety Resources
• PPAI: www.ppai.org
• Product Safety powered by PPAI:
http://www.ppai.org/inside-ppai/product-safety/
• Consumer Product Safety Commission:
www.cpsc.gov, www.recalls.gov
• Pennsylvania Department of Labor & Industry
http://www.portal.state.pa.us/portal/server.pt/community/
occupational_and_industrial_safety/10509/stuffed_toys/5
53492
• UL: www.ul.com or Haley.Sprague@ul.com
• Questions? AnneL@ppai.org
Thank you!
Questions?