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The CPSC proposes to exempt several unfinished manufactured fibers in toys and childcare articles from undergoing third party testing. If approved, these will become effective 30 days after publication of the final rule.

SAFEGUARDS | Toys & Juvenile Products NO. 144/19

light brown colored teddy bear portrait

On October 9, 2019, the United States Consumer Product Safety Commission (US CPSC) published a notice of proposed rulemaking (NPR) in the Federal Register (84 FR 54055) to determine that several unfinished manufactured fibers would not exceed the regulatory limits for ASTM F963 soluble elements or phthalates in toys and child care articles. From the determinations, these fibers would not be required to undergo third party testing for compliance with the eight soluble elements in ASTM F963 (16 CFR 1250) or the eight phthalates in toys and child care articles falling under 16 CFR 1307.

According to the definitions in the NPR, an unfinished manufactured fiber means a fiber that has no chemical additives beyond those required to manufacture the fiber’ – it is free of any chemical additives to impact color, or some desirable performance property, such as flame retardancy.

This proposal starts a 75-day comment period. The CPSC is accepting comments about this NPR until December 23, 2019 and must respond to comments before a final rule is made.

The provisions will take effect 30 days after publication of the final rule.

Highlights of the NPR are summarized in Table 1.

84 FR 54055 Notice of Proposed Rulemaking
CPSC 16 CFR Part 1253 ‘Children’s Toys and Child Care Articles: Determinations Regarding ASTM F963 elements and Phthalates for Unfinished Manufactured Fibers’
Substance Scope of product Unfinished manufactured fiber (in accessible component) exempt from third-party testing
ASTM F963 soluble elements Toys
  • Acrylic and modacrylic
  • Natural rubber latex
  • Nylon
  • Polyurethane (spandex)
  • Viscose rayon
Phthalates Toys and childcare articles
  • Acrylic and modacrylic
  • Natural rubber latex
  • Nylon
  • Polyurethane (spandex)
  • Viscose rayon
  • Polyester (polyethylene terephthalate, PET)

Table 1

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