SAFEGUARDS | Toys & Juvenile Products NO. 157/15

The US Consumer Product Safety Commission (CPSC) has recently withdrawn the direct final rule to exempt unfinished and untreated wood in toys from testing for the 8 heavy metals under ASTM F963. [1]

In July 2015, the US CPSC published a direct final rule [2] to exempt unfinished and untreated wood from third-party testing for 8 soluble metals (antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium) under the toy safety standard ASTM F 963-11. This direct final rule would create a new Part 1251 for ‘Toys: Determination Regarding Heavy Elements Limits for Certain Materials’ but would be withdrawn if significant adverse comments were received by mid-August 2015.

On 10 September, 2015, the CPSC announced the withdrawal [3] of this direct final rule due to the receipt of significant adverse comments. The effective date of withdrawal was the date of this announcement. The CPSC will not institute a second comment period and will address the comments in a separate final action.

The withdrawal of the proposed final rule means that manufacturers and importers must continue to test unfinished and untreated wood used in toys as described in ASTM F963-11, Section 4.3.5, at a CPSC-accepted third party laboratory to demonstrate compliance with the limits of eight soluble heavy elements (antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium) specified in the standard.

Highlights of the withdrawal of the proposed rule are summarized in Table 1.


16 CFR Part 1251 Proposed Final Rule

Toys: Determinations Regarding Heavy Elements Limits for Certain Materials

Toy Standard



Effective date


ASTM F963:

Soluble heavy metals

Toys containing unfinished and untreated wood

Third-party testing not required

15 September, 2015


Withdrawn on 10 Sept, 2015, due to receipt of adverse comments.

Throughout our global network, SGS offers consultation and comprehensive testing services (physical/mechanical, chemical, flammability, electrical safety, etc) covering the full spectrum of international product safety and regulatory standards for a wide range of toys. Our laboratories are internationally recognized by major industry associations, accreditation bodies and authorities. With the largest global network of toy experts and testing facilities around the world (including 4 EU Notified Bodies and about 40 CPSC-Accepted Testing Laboratories), SGS is the partner to trust. Please do not hesitate to contact us for further information or visit our website.

For enquiries, please contact:

Hing Wo Tsang
Global Toys and Juvenile Products
t: +852 2774 7420

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