US Consumer Products Safety Commission (CPSC) has published a direct final rule to adopt the Department of Commerce’s rule for the marking of toy, look-alike and imitation firearms.
On May 11, 2023, CPSC published direct final rule 16 CFR 1272, adopting Department of Commerce rule 15 CFR 272 for the marking of toy, look-alike and imitation firearms with non-substantive and conforming changes. The rule will become effective on June 26, 2023, provided the CPSC does not receive significant adverse comments by June 12, 2023.
The US President signed into law the Federal Energy Management Improvement Act Update in August 2022, transferring the implementation and enforcement of any toy, look-alike or imitation firearm from the Department of Commerce to CPSC.
The rule applies to toy, look-alike and imitation firearms (‘devices’) having the appearance, shape and/or configuration of a firearm. It does not apply to:
- Non-firing collector replica antique firearms that look authentic and may be a scale model but which are not intended as toys modelled on real firearms designed, manufactured and produced prior to 1898
- Traditional B–B, paintball or pellet-firing air guns that expel a projectile through the force of compressed air, compressed gas or mechanical spring action, or any combination thereof, as described in ASTM F589–85
- Decorative, ornamental and miniature objects having the appearance, shape and/or configuration of a firearm, including those intended to be displayed on a desk or worn on bracelets, necklaces, key chains, etc., provided that the objects measure no more than 38 mm in height by 70 mm in length (excluding any gun stock length measurement)
Under the rule, the following are approved markings:
- A blaze orange (AMS STD 595A–17, color 12199) or orange color brighter than that specified by the AMS standard color number, solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 mm from the muzzle end of the barrel
- A blaze orange (AMS STD 595A–17, color 12199) or orange color brighter than that specified by the AMS standard color number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 mm
- Construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device's complete contents
- Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern
Toy guns are also currently regulated under 16 CFR 1250 (Safety Standard Mandating ASTM F963 for Toys). ASTM F963-17 section 4.30 requirements are based on Department of Commerce 15 CFR 272.
SGS can help you to sell and distribute your toys internationally. As a global leader in testing, inspection and certification, we have the regulatory knowledge and industry expertise to assess your products and ensure they meet the relevant requirements for sale and distribution in different global markets. Please do not hesitate to contact us for further information or visit our website. In the end, it’s only trusted because it’s tested.
© SGS Société Générale de Surveillance SA. This publication or website is a property of SGS Société Générale de Surveillance SA. All contents including website designs, text, and graphics contained herein are owned by or licensed to SGS Société Générale de Surveillance SA. The information provided is for technical and general information purposes only and offers no legal advice. The information is no substitute for professional legal advice to ensure compliance with the applicable laws and regulations. All information is provided in good faith “as is”, and SGS Société Générale de Surveillance SA makes no representation or warranty of any kind, express or implied, and does not warrant that the information will be error-free or meet any particular criteria of performance or quality.