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Toy Testing
Third-Party Testing of Children's Products
The Consumer Product Safety Improvement Act (CPSIA) imposes a third-party testing requirement for all consumer products primarily intended for children twelve years of age or younger. Every manufacturer (including an importer) or private labeler of a children's product must have its product tested by an accredited independent testing lab and, based on the testing, must issue a certificate that the product meets all applicable CPSC requirements.
CPSC is given authority either to accredit laboratories ("third party conformity assessment bodies") for doing the required testing of children's products or to designate independent accrediting organizations to accredit the testing laboratories. Laboratories seeking to test children's products for compliance with the CPSIA must be ISO/IEC 17025 accredited by an ILAC signatory and be approved by the CPSC. The CPSC maintains an up-to-date list of accredited labs on its web site.
ESL is accredited by the CPSC to perform lead testing in children's products.
The third-party testing and certification requirements for children's products are phased in on a rolling schedule. The statute requires the CPSC to issue laboratory accreditation regimes for different categories of children's products. Once the CPSC issues the laboratory accreditation requirement for that category of children's products, each children's product in that category that is manufactured more than ninety days after that date must be tested and certified to the applicable requirements. The schedule for CPSC to issue the laboratory accreditation requirements and the certification schedule is set forth on the timeline shown in the chart below.
| CPSC Publishes Accreditation Procedure | Third-Party Testing Required | |
| Lead Paint | September 22, 2008* | December 22, 2008 |
| Metal Jewelry | December 2008 | March 2009 |
| Lead Content | May 2009 | August 2009* |
| CPSC Children's Product Safety Rules | June 2009 | September 2009 |
*Current Stay of Enforcement expires on December 31, 2011.
Lead Limits
| 16 CFR, Part #: | Description |
| CPSIA Sec 101 | Lead Content: The lead content of any component of a children's product may not exceed 300 ppm. Components that are not accessible are exempted as are some components of electrical products if lead is required for the part to function properly. (In August 2011, the allowable lead limit is reduced to 100 ppm where technologically feasible.) |
| 1303 | Lead-in-Paint: The lead content of the dried paint film or similar surface coating on any children's product may not exceed 0.009% by weight. |
Certificates
Upon completion of testing, ESL will issue a Report of Analysis stating whether or not the product meets CPSC limits based on the results. The manufacturer is then required to produce and issue a certificate in accordance with CPSC guidelines. The required certificates must be in English and also may be in another language. They must include information on the identity of the manufacturer or private labeler of the product, the testing laboratory, and the date and place of manufacturing and testing the product.
Products without the required certificate cannot be imported or distributed in commerce in the United States. The certificate must accompany the product or product shipment and must be available to CPSC and Customs and Border Protection upon request. Failure to furnish the certificate or furnishing a false certificate can subject the manufacturer or private labeler to civil and criminal penalties.