Reply by CaptainKlutz

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Posted on Consumer Product Safety Improvement Act on testing/certification of toys

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3858 posts in 2416 days

#1 posted 11-12-2018 10:32 AM

Government standards? Oh boy.

The CPSC is constantly updating and refining the toy standards in ASTM F963-17, as well as some modifications in 16 CFR Part 1250. There was a major revision in Feb 2018 that added a requirement for testing.
Info here.

IMHO – nothing in The Standard Consumer Safety Specification for Toy Safety (F963-17) is ‘vague’ if you are in business of selling toys. Either you are selling toys and need to follow regulations, or you are not?
If you have a question whether your toy business is covered by F963-17, suggest you consult a lawyer, not a woodworking forum?

The one key part of CPSC regulations is they define BUSINESS regulations, typically applied to any item SOLD in any type of commerce. If you make CPSC rule covered items to give to others for free, then the CPSC regulation is nothing more than a safety guideline. Idea behind this is simple: If a item is not sold, then you have not profited from sale, and can not be held financially liable for negligence of sale.
That does not mean that if an item you make causes harm; you are removed from fault. You can be sued for civil harm; even though you didn’t break any federal/state laws. It is this civil litigation issue where any decent lawyer should recommend that anyone making toys even if only for donation; follow the CPSC toy safety regulations to best of their ability.

PS – I am not a lawyer. But I have spent many years dealing with CPSC (and other) ‘toy’ regulations for another hobby that turned into a business. Highly suggest – If you are going to sell toys to kids, talk to lawyer about your liability to CPSC regulations.

Best Luck.

-- If it wasn't for bad luck, I wouldn't have no luck at all, - Albert King - Born Under a Bad Sign released 1967

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