Focus On Plush Toys

1. Focus On Plush Toys Presented by: Haley Sprague and Jennifer Buoniconti UL / PPAI Product Safety Consultants

2. This information is being furnished by PPAI for educational and informational purposes only. The Association makes no warranties or representations about specific dates, coverage or application. Consult with appropriate legal counsel about the specific application of the law to your business and products.

3. Plush Toy Requirements • Hazardous Conditions • Mechanical Safety • Chemical Requirements • Flammability • Performance • Labeling

4. Hazardous Conditions Sharp Accessible Points • Not allowed before or after use and abuse testing Sharp Accessible Edges • Not allowed before or after use and abuse testing Small Parts • No toy intended for children of all ages can be small enough, with out being compressed, to fit within the small parts cylinder • Applicable before and after use and abuse testing

5. Mechanical Safety • Bite Test • Impact Test: Plush Toys • Torque Test • Tension Test for Seams in Plush Toys • Tension Test • Compression Test • Material Quality • Cords & Elastics • Washable Toys

6. Chemical Requirements CPSIA Ban of Lead-Containing Paint • 16 CFR 1303 in effect since 1978 at 600 ppm • As of August 14, 2009, 90 ppm limit • Compliance is required • GCC/CPC is required • Can test at ink stage, must have “traceability” • Third party testing is required • Composite Testing is allowed • Wet paint can be tested • HD XRF test method allowed

7. Chemical Requirements Soluble Migrated Elements (ASTM F963) In surface coatings on toys, the following limits apply: - Soluble Antimony: 60 ppm - Soluble Arsenic: 25 ppm - Soluble Barium: 1000 ppm - Soluble Cadmium: 75 ppm - Soluble Chromium: 60 ppm - Soluble Lead: 90 ppm - Soluble Mercury: 60 ppm - Soluble Selenium: 500 ppm Note: If less than 10 mg of surface coating is present on the toy, the surface coating is exempt from Soluble testing.

8. Chemical Requirements Soluble Migrated Elements (ASTM F963) In substrates of toys, the following limits apply: - Soluble Antimony: 60 ppm - Soluble Arsenic: 25 ppm - Soluble Barium: 1000 ppm - Soluble Cadmium: 75 ppm - Soluble Chromium: 60 ppm - Soluble Lead: 90 ppm - Soluble Mercury: 60 ppm - Soluble Selenium: 500 ppm Note: No exemption for textile materials.

9. Chemical Requirements CPSIA Lead in Accessible Substrates • A substrate is the material of which something is made, and to which surface coating (i.e.. paint) may be applied • As of August 14, 2011, 100 ppm limit • Compliance is required • GCC/CPC is required • Component testing is allowed, must have “traceability” • Third party testing is required • Composite Testing of ‘like materials’ is allowed • XRF test method allowed

10. Material Testing Exemptions – Total Lead • Pure Wood (not plywood or other composites) • Paper • CMYK printing inks • Certain precious and semi-precious gemstones • Pearls • Stainless steel • Precious metals • Natural fibers (dyed or undyed) including, but not limited to: cotton, kapok, flax, linen, jute, ramie, hemp, kenaf, bamboo, coir, sisal, silk, wool (sheep), alpaca, llama, goat (mohair, cashmere), rabbit (angora), camel, horse, yak, vicuna, qiviut, guanaco • Manufactured fibers (dyed or undyed) including, but not limited to: rayon, azlon, lyocell, acetate, triacetate, rubber, polyester, olefin, nylon, acrylic, modacrylic, aramid, and spandex

11. Chemical Requirements Prohibition on Sale of Certain Products Containing Specified Phthalates • Applies only to Children’s Toys and Child Care Products • For all such products, DEHP, DBP, BBP – limit of 0.1% • For all such products or any part of the product that can be placed in a child’s mouth: DINP, DIDP, DnOP– limit of 0.1% (interim prohibition) • Applies to accessible materials only (before and after use and abuse testing)

12. CPSC Phthalate Guidance Phthalates may be found in following materials: • Soft or flexible plastics, except polyolefins • Soft or flexible rubber, except silicone rubber and natural latex • Foam rubber or foam plastic such as PU foam • Surface coatings, non-slip coatings, finishes, decals, printed designs • Elastic materials on apparel, such as sleepwear • Adhesives and sealants Phthalates would not likely be found in the following materials: • Unfinished metal • Natural wood, except coatings and adhesives added to wood • Textiles, except printed decorations, waterproof coatings, elastic • Mineral products such as sand, glass, crystal

13. Chemical Requirements Illinois Lead Poisoning Prevention Act: Warning Statement Requirement • A warning statement is required for the toys containing paint with a specified Lead content in their surface coatings • If > 40 ppm but < 90 ppm of Lead is present, a warning statement is required “WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH FEDERAL STANDARDS.”

14. Flammability Flammability of Solids: Plush Stuffed Toys • A product is considered to be a flammable solid if it ignites and burns along it’s major axis with a self-sustaining flame at a rate greater than 0.1 inches per second

15. Flammability Flammability of Textile Fabrics Plain Surface Fabrics • Specimens are acceptable if they did not ignite, ignited but self extinguished or any combination thereof • Average burn time is 3.5 seconds or greater Raised Surface Fabrics • Specimens are acceptable if they did not ignite, ignited but self extinguished or any combination thereof • Average burn time is 4 seconds or greater

16. Additional Required Testing Labeled Claims • Samples shall perform as intended and meet all verifiable labeled claims Material Cleanliness • Loose fillers shall be free of objectionable matter originating from, insect, bird, rodent or other animal infestation and of contaminants, such as splinters and metal chips to the extent possible in good manufacturing practice

17. Performance Testing Colorfastness to Crocking • Address staining and marking concerns for fabrics that come in contact with other fabrics Colorfastness to Water • Determines if a colored textile will be stained or lose color when exposed to water Colorfastness to Saliva • Determines the fastness of colored textiles to the affects of simulated saliva

18. Labeling Country of Origin (19 CFR) • Articles of foreign origin (or its container) imported into the United States must be marked with the name of the country of origin CPSIA Tracking Label • Product and its packaging must bear a permanent distinguishing mark as required to the extent practicable Producer Markings (ASTM F963) • Toys or their packaging must be legibly and conspicuously marked with the name and address of the producer or distributor

19. Labeling Age Grading: Plush Toys • Toys should be labeled to indicate the minimum age for intended use or have such labeling on any packaging • Stuffed plush toys are typically tested for the safety of all ages regardless of the age grading on the label because they are commonly recognized as appropriate for young children

20. Labeling California Proposition 65 • Requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. • The list of chemicals can be found at www.oehha.ca.gov • Requires businesses to provide “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical • Intended to help Californians make informed decisions about protecting themselves from exposure to certain chemicals • Confirm with manufacturer/supplier that none of the chemicals have been intentionally added to your product

21. Summary of State’s Stuffed Toy Licensing and Labeling Laws Uniform Label • It is possible for manufacturers to utilize a uniform stuffed toy label which is good in all three states (Ohio, Pennsylvania and Massachusetts) • There is no color, size, or type requirement for the Uniform Label, provided the print is legible and can be readily discerned • The label must be affixed to the toy itself

22. Summary of State’s Stuffed Toy Licensing and Labeling Laws Uniform Label Requirements • The Pennsylvania license number of the manufacturer or vendor. Ohio and Massachusetts will accept the use of a Pennsylvania toy registration number if that number if registered within these states and their fees are paid • The name and principal place of business (city and state) of the manufacturer or vendor • A statement that “All New Materials” (with type of material) or “All New (type) Material” was used in the manufacture of the stuffed toy

23. Pennsylvania License Fee • $25 initial registration • $25 annually Labeling Requirements • Manufacturers must submit detailed information as to the filler content of their stuffed toys and specimens of the toys selected at random to the Pennsylvania Licensing Authorities

24. Pennsylvania The regulation provides that stuffed toys are “unfit for sale” should they contain: • Material of sufficient size to visibly reveal a pattern, weave, or other mechanical unification of threads to indicate prior use of a previous manufacturing process. • Dirt and/or other foreign matter in excess of 1% by weight. • More than 1 % oil or grease • More than 0.002% Lead • More than 0.0002% Arsenic • More than 5% Ammonia • More than 1% Urea • Plastic or metal ornaments such as eyes, notes etc. not of a safe design or not attached to the stuffed toys in such manner to prevent removal • Stones or other hard materials having jagged or sharp edges • Material bearing electrostatic charge with adherence characteristics which when exposed could lodge in the windpipe, ears or nostrils. • Filling material which surface burns at a rate of less than 3 seconds for 12 square inches.

25. Pennsylvania Registration Requirements for Foreign Manufacturers • The manufacturer may register directly with the Department at the foreign manufacturer’s locations. This is identical to the requirement for domestic manufacturers, or • An importer may hold a stuffed toy registration on behalf of each foreign manufacturer represented. The Department does not permit “pooling” of registrations • The Department is not requiring registration of each plant for domestic manufacturers but only to ensure that each foreign manufacturer is separately registered

26. Pennsylvania Classification of Flammability of Fabrics:

27. Pennsylvania Classification of Flammability of Non-Fabrics: • Non-fabric materials include plastics, paints, and non-fabric portions of a stuffed toy. These materials which meet the requirements in Class V are accepted as having no unusual burning characteristics. Materials which have burning characteristics (Class VI) are considered dangerously flammable and recognized as unsuitable for stuffed toys because of their rapid burning and intense burning • Class V – Materials are classified as normal flammability when a 9 square inch sample does not burn or flash the full area during a 4 second flame exposure • Class VI – Materials are classified as rapid burning when a 9 square inch sample burns or flashes the full area during a 4 second flame exposure Note: 16 CFR 1500.44 and 16 CFR 1610 standards may preempt the Pennsylvania flammability requirements if the Pennsylvania requirement is not identical to the federal regulation applicable to toys.

28. Massachusetts License Fee • $300 initial registration • $300 annual renewal Labeling Requirements • Same as Pennsylvania, Uniform Label is acceptable

29. Ohio Licensing Fee • Annual fee of $50 • File quarterly reports accompanied by a tax of four cents per item sold in the State of Ohio in the preceding quarter Labeling Requirements • Same as Pennsylvania, Uniform Label is acceptable

30. Battery Operated Plush Toys • Labeling and instruction markings • Mercury content • Function and performance testing • FCC requirements • Noise level

31. Product Safety Resources • PPAI: www.ppai.org • Product Safety powered by PPAI: http://www.ppai.org/inside-ppai/product-safety/ • Consumer Product Safety Commission: www.cpsc.gov, www.recalls.gov • Pennsylvania Department of Labor & Industry http://www.portal.state.pa.us/portal/server.pt/community/occupational_and_industrial_safety/10509/stuffed_toys/553492 • UL: www.ul.com or Haley.Sprague@ul.com • Questions? AnneL@ppai.org

32. Thank you! Questions?