On June 1, 2020, the U.S. Consumer Product Safety Commission (CPSC) has published final rule to approve 16 CFR Part 1253 Children’s Toys and Child Care Articles: Determinations Regarding ASTM F963 Elements and Phthalates for Unfinished Manufactured Fibers. It shall be effective on 1 July 2020.

Accessible parts of children’s toys and child care articles made with certain unfinished manufactured fibers (see Note 1) are not required to be third-party tested as the certain unfinished manufactured fibers are determined not exceed the ASTM F963 elements solubility limits (see Note 2) and the phthalate content limit (see Note 3) with a high degree of assurance.

However, for accessible component parts of children's toys and child care articles subject to sections 106 and 108 of the CPSIA and 16 CFR part 1307, compliance to the specified content limits is always required, irrespective of any testing exemptions.

Note:

The unfinished manufactured fibers are not required to be third-party tested for the ASTM F963 elements solubility limits and the phthalate content limit:
a. Nylon
b. Polyurethane (Spandex)
c. Viscose Rayon
d. Acrylic and Modacrylic

e. Natural Rubber Latex

In addition to the above, polyester (polyethylene terephthalate, PET) is not required to be third-party tested for the phthalate content limit as well.

According to 16 CFR 1250 and ASTM F963-17, the elements solubility limit (mg/kg) are:

a. Antimony (Sb): 60
b. Arsenic (As): 25
c. Barium (Ba): 1000
d. Cadmium (Cd): 75
e. Chromium (Cr): 60
f. Lead (Pb): 90
g. Mercury (Hg): 60
h. Selenium (Se): 500

According to 16 CFR 1307, the component parts of children’s toys and child care articles shall not contain more than 0.1 % of any of the following phthalates:

a. Di-(2-ethyhexyl) phthalate (DEHP)
b. Dibutyl phthalate (DBP)
c. Benzyl butyl phthalate (BBP)
d. Diisononyl phthalate (DINP)
e. Diisobutyl phthalate (DIBP)
f. Di-n-pentyl phthalate (DPENP)
g. Di-n-hexyl phthalate (DHEXP)
h. Dicyclohexyl phthalate (DCHP)