Toys for Children over 3 Questions

[Former_Member]

Hi All,

I am in the process of registering with the Small Batch Manufacturer's, and I emailed my questions to the ombudsman. I'm waiting for him to respond. Can anyone else help me out?

1. My toys are intended for children over 3 (I'm working on putting that in the listings so it is clear) and are made of fabric. Do I need to conduct any third-party testing? Do I need to include a warning label ("Intended for Children over 3") on my toys?

2. Before investigating further, I used some plastic vinyl from the remnant bin at Joann's on a couple of my toys. I see that "Plastic vinyl film" is in the "Group B" exempt column, but would I still need to get a COC from the supplier of this vinyl? (If so, I'm going to have to pull these toys because I don't know the supplier!)

Thanks so much for your help.

[FayeMaloneDesigns]

Question 1. I assume you are referring to the small parts testing requirement for group A? You can google "small parts testing and labeling" for exactly how you need to label.


Question 2. The vinyl film. The reference to plastic vinyl film in group B is to the CFR 1611 testing, which is flammability of the filmfor wearing apparrel. The one you need to really be concerned with is the Phthalates in toys and certain children's products. Vinyl film has been shown to contain phthalates, as does oilcloth. Some manufacturers were working on reformulating to be phthalate free. Michael Miller was one that has been doing this. Without the coc from the manufacturer you don't know if this is phthalate free. More than likely it is old stock. Although you don't have to test, you do have to follow the regulations, which means that toys that children could put in their mouth must not contain phthalates. I'd try to find a manufacturer who has phthalate free vinyl.

[Former_Member]

Thanks Beverly! I was thinking the same thing for question 2. I am going to pull those products and redesign.

For question 1, I don't think I explained myself well. My plush toys are intended for children over 3, but they do contain small parts that are permanently attached (though I have not third-party tested them for use and abuse). I do not need to third-party test for small parts for toys intended for children over 3, correct? Because, even if they did have small part that came off, it wouldn't be a choking hazard for the intended audience? (Sorry if this is an obvious question....)

[FayeMaloneDesigns]

Yes and no. If you go to the CPSC and look for children's recalls, or to Saferproducts and search recalls you will see that if something comes off and could be c choking hazard they might still recall it, and it sometimes it's for a child that is over 3. One of the commissioners/or was it one of the senators on the committee, was worried that if a child had a little brother or sister, that could find the toy, shouldn't it still be safe?

I'd just be sure to adhere all the componants super firmly. Label them in packaging and in your ads/etsy the age group they are for .

[Former_Member]

O.k now I'm confused. Do toys with safety eyes intended for children over 3 need or not need to be tested?

[Former_Member]

Sara, I'm not 100% sure. The way I read it, they would NOT need to be third-party tested for small parts (because they are for children over 3). But, if you needed to provide a GCC to a retailer (to wholesale your products to them), you would need a COC for the safety eyes' lead content. I think. :)

ETA: I looked at your shop and your monsters are adorable!

[Former_Member]

O.k that's what I thought too. Then I'm good to go, the only thing is I think you need a GCC instead of a COC, which I have, whew! I always think I am doing something correctly then I get on here a second guess myself. And thanks Rachel :)

[missymaetutus]

The comment from the senator or whoever is ridiculous. He must not have children. I have 4 and they were born in a 10 year span.. There will always be something that an older sibling has that is not recommended for the younger child. It is the parents responsibility to police this. Just as something intended for me tu use may have small parts and they may come off also.....or anything in our house for that matter. When you have a 1, 4, 6, and 11 year old in the house you have things in all shapes and sizes...., this law continues to make less and less sense to me. It seems to all boil down to the supplies are not safe to begin with that come in to our country and now it's in all of our hands to weed through and sort them all out!

[FayeMaloneDesigns]

Do remember on Safety eyes there was just a gigantic recall of build a bears where the safety eyes came off.

http://www.cpsc.gov/cpscpub/prerel/prhtml12/12068.html

toys recalls
http://www.cpsc.gov/cpscpub/prerel/category/toy.html

child's products other than toys
http://www.cpsc.gov/cpscpub/prerel/category/child.html