Children’s toys manufactured or imported after June 12, 2012, must comply with all mandatory sections of the recently revised ASTM F963-11. Manufacturers and importers should continue using a CPSC-accepted third party laboratory for the sections of ASTM F963-08 that did not change in ASTM F963-11.
However, for new or revised sections of ASTM F963-11 that are not “functionally equivalent” to the -08, version, manufacturers and importers are not yet required to use a CPSC-accepted third party testing laboratory until the Commission approves a revised Notice of Requirements. As of May 1, 2012, that proposed Notice of Requirements (pdf) is pending, but not yet approved as a final rule, by the Commission.
In the event that a manufacturer or importer wishes to have its products tested now – in the hope that testing to the -11 version eventually will be accepted by the CPSC – that manufacturer or importer should check with its current CPSC-accepted laboratory to see if they will be applying to the CPSC for acceptance of the -11 version. If so, and if the lab satisfies other conditions spelled out in the draft document , then the Commission likely will accept that testing upon its approval of the new Notice of Requirements. (This is not a guarantee of the Commission’s action, but the Commission traditionally has permitted acceptance of such testing, provided that all the other conditions are satisfied.)
The additional requirements in the draft document (pdf) are as follows:
- The test results show compliance with the nonequivalent section(s) of ASTM F 963-11.
- The children’s product was tested on or after February 22, 2012, and before the effective date of 16 CFR part 1112.
- The third party conformity assessment body’s accreditation remains in effect through the effective date of 16 CFR part 1112.
- The third party conformity assessment body’s application for acceptance of its accreditation is accepted by the CPSC on or after May 24, 2012 and before the effective date for 16 CFR part 1112.
- The children’s product was tested by a third party conformity assessment body accredited to ISO/IEC 17025:2005 by a signatory to the ILAC-MRA at the time of the test. The scope of the third party conformity assessment body accreditation must include the tests contained in the applicable nonequivalent sections of ASTM F 963-11.
- For firewalled third party conformity assessment bodies, the firewalled third party conformity assessment body must be one that the Commission, by order, has accredited, on or before the time that the children’s product was tested, even if the order did not include the nonequivalent tests contained in ASTM F 963-11.
- For governmental third party conformity assessment bodies, the governmental third party conformity assessment body must be one whose accreditation was accepted by the Commission, even if the scope of accreditation did not include the tests for the nonequivalent tests contained in ASTM F 963-11.