Small parts regulations. Please read.
(January, 2001)
U.S. CONSUMER PRODUCT SAFETY COMMISSION
Office of Compliance
Small Parts Regulations1
Toys and Products Intended for Use By Children Under 3
Years Old
16 C.F.R. Part 1501 and 1500.50-53
1 This document is a simple description of the small parts requirements and does not replace or supersede any requirements
published in 16 C.F.R. 1501, 1500.18(a)(9), and 1500.50, 51, 52.
Where can I get a copy of the small parts
regulation?
These requirements are published in the Code of Federal
Regulations in Title 16, Parts 1501 and 1500.50, 51, 52
and 16 C.F.R. 1500.18(a)(9). Copies are available on the
Internet at:
http://www.cpsc.gov. For more information
on the small parts requirements, contact the Consumer
Product Safety Commission, Office of Compliance,
Washington, D.C. 20207, telephone: (301) 504-7913, email:
sect15@cpsc.gov.
What is the purpose of a small parts regulation?
This regulation prevents deaths and injuries to children
under three from choking on, inhaling, or swallowing
small objects they may “mouth”. It bans toys and other
articles that are intended for use by children under three
and that are or have small parts, or that produce small
parts when broken.
Which products must meet this regulation?
The regulation covers products that are intended for use
by children under three. These products include a wide
range of articles such as toys, dolls, and puzzles, nursery
equipment, infant furniture and equipment such as
playpens, strollers, and baby bouncers and exercisers.
See 16 C.F.R. Part 1501.2 for a more detailed list.
What is a small part?
A small part is any object that fits completely into a
specially designed test cylinder 2.25 inches long by 1.25
inches wide that approximates the size of the fully
expanded throat of a child under three years old. (See
figure). See 16 C.F.R. 1501.4 A small part can be:
(1) A whole toy or article.
(2) A separate part of a toy, game, or other article.
(3) A piece of a toy or article that breaks off during
testing that simulates use or abuse by children.
If a small part fits completely into the cylinder, and the
toy or product from which it came is intended for use by
children under three, the toy or product is banned because
the small part presents a choking hazard.
Small Parts Test Fixture
How can manufacturers determine what toys and
other products are “intended for” use by
children under 3 years?
(1) The rule lists general examples of the types of
products that are intended for use by children under
3 years old. 16 C.F.R. 1501.2(a)
(2) The rule uses three factors to determine whether a
toy is intended for use by children under three: the
manufacturer’s stated intent, such as the age stated
on a label; the advertising, promotion, and
marketing of the product as being intended for use
by children of a certain age; and whether the
product or toy is commonly recognized as being
intended for use by children under 3 years old. See
16 C.F.R. 1501.2(b)
(January, 2001)
How does a manufacturer decide whether a toy
or other product is commonly recognized as
being intended for use by children under 3?
(1) The CPSC publication “Manufacturers’ Abbreviated
Guide for Age-Labeling Toys: Matching Toy
Characteristics to Children’s Ages.” can help you to
match a product’s characteristics to the age of the
children for whose use it is commonly recognized.
To obtain a copy, call 301-504-0800 or visit
http://www.cpsc.gov.(2) Request an age determination of the product by a
lab that tests for compliance with this regulation or
by another person or firm with expertise in this area.
Are any toys and products exempt from the small
parts regulations?
(1) Yes. Balloons, books and other articles made of
paper, phonograph records, writing materials such
as crayons, chalk, pencils and pens, modeling clay
and similar products, and finger paints, watercolors
and other paint sets are exempt because they cannot
be manufactured in a way that would prevent them
from breaking into small parts when subjected to
use and abuse testing. Children’s clothing and
accessories such as shoe lace holders and buttons,
and grooming, feeding and hygiene products such as
diaper pins and clips, barrettes, toothbrushes,
drinking glasses, dishes and eating utensils are also
exempt because they need to be small to perform
their intended purpose. See 16 C.F.R. Part
1501.3&4(b).
(2) Rattles and pacifiers are subject to their own small
parts requirements. See 16 C.F.R. 1510.3 and
1511.4(d).
(3) A product intended for use by children under three
must meet the requirements of the small parts
regulation unless the product is one of those items
that is specifically exempt from the regulation.
What testing requirements for small parts must
toys and products for children under three meet?
These toys and products must not release pieces that fit
completely into the small parts cylinder after impact,
flexure, torque, tension and compression testing. These
tests simulate the forces that toys and products can
experience during normal use and abuse by children
under 3. If these forces cause parts to break off that fit in
the cylinder, those parts present a risk of choking,
aspiration or ingestion to children under 3.
16 C.F.R. 1500.51 contains test procedures and forces
that simulate use and abuse by children 0-18 months of
age. 16 C.F.R. 1500.52 contains test procedures and
forces that simulate use and abuse by children 18-36
months of age.
Are there any other requirements intended to
protect children under 3 from choking on small
parts?
Yes. Toys and games that are or contain small parts as
manufactured and that are intended for use by children
from 3 to 6 years old must be labeled to warn
purchasers not to buy them for children under 3 years old
because those children could choke on the small parts.
Marbles, small balls, and balloons also require similar
warnings. See 16 C.F.R. 1500.19
Does CPSC have any other guidelines or
regulations that all products for children under
three must meet?
Yes. Toys and children's products must not have
hazardous sharp points (16 C.F.R. 1500.48) or edges (16
C.F.R 1500.49), have paint or any other similar surface
coating that contains more than .06% lead (16 C.F.R.
Part 1303), contain other hazardous chemicals (16
C.F.R.1500.3(a)(15)), or exceed flammability limits (16
C.F.R. 1500.44).
Which products and toys for children under
three must meet additional regulations?
Pacifiers - 16 C.F.R. 1511
Rattles - 16 C.F.R. 1510
Cribs - 16 C.F.R. 1508, 1509
Infant Pillows, Cushions - 16 C.F.R. 1500.18(a)(16)
Baby Walkers, Bouncers, Jumpers - 16 C.F.R.
1500.18(a)(6)
Electrically Operated Toys - 16 C.F.R. 1505
Dolls, Stuffed Toys and Other Products that may cause
lacerations or punctures. 16 C.F.R. 1500.18(a)(1), (2),
(3)
Small Balls 16 C.F.R. 1500.18(a)(17)
Do any other standards apply to products
intended for use by children under three years of
age?
The American Society for Testing and Materials (ASTM)
is an organization that coordinates the development of
voluntary industry standards that supplement mandatory
standards. To obtain a copy of the Standard Consumer
Safety Specification on Toy Safety (ASTM F-963) and
other voluntary standards that cover specific children’s
products, contact the American Society for Testing and
Materials, 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959, telephone: (610) 832-9585, Fax (610)
832-9555, or visit
http://www.astm.org.