To access the CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1500 Children’s Products Containing Lead; Final Rule; Procedures and Requirements for a Commission Determination or Exclusion, click on the following link: http://edocket.access.gpo.gov/2009/pdf/E9-5075.pdf

Definitions:

Definitions of Children's Products in CPSIA by the Consumer Product Safety Commission In February 2009, the Consumer Product Safety Commission (CPSC) began seeking comments regarding instructions it previously published to help clarify which products constitute a "Children's toy or child care articles" and a "toy that can be placed in a child's mouth" under the Consumer Product Safety Improvement Act (CPSIA). The request for comments was published in a notice in the Federal Register. Under the CPSIA, Children's toys and child care items that can be put in a child's mouth and that contain certain Phthalates above specified levels are prohibited from being sold in the U.S.

The purpose of the Federal Register notice is to further define the terms "children’s toy," "toy that can be placed in a child’s mouth," and "child care article" as used in the CPSIA.

The notice defines "children’s toy" as a "consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays." Factors to be considered when determining if a product meets this description include, but are not limited to:

• Whether the intended use of the product is for play, including a label on the product if such statement is reasonable.
• Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by the ages specified.
• Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified.
• The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

Additionally, a toy considered to be a "toy that can be placed in a child’s mouth," is one incorporating a part of the toy that "can actually be brought to the mouth and kept in the mouth … so that it can be sucked and chewed." The notice then states, "if any part of the toy is less than 5 cm in any dimension, then it can be mouthed."

Finally, a "child care article" is defined in the CPSIA as "a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething." The CPSC staff proposes in the notice that this would mean "products used directly in the mouth by the child." Examples and further explanation is given in the notice.

Sales prohibitions of products not meeting CPSIA standards became effective on February 10, 2009.