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



## WoodDragon (Nov 10, 2018)

Hello everyone,

I'm new here, apologies if I'm posting this in the wrong forum or if it has been asked before. I did search and did not find any topics already discussing this.

I am looking into making some toys to sell. My research so far has shown that there is a law about testing/certifying any toy that is made for children under 13 years of age. I have also found that this law as originally written was quite vague and that there was a group called the Handmade Toy Alliance that was started to in an effort to get better clarification on the verbiage being used.

My problem is that there does not seem to be anything written that is current concerning this law. Does anyone have information about this? Is the Handmade Toy Alliance still around?

If you are currently making toys, what are you doing to stay compliant with this law?

Thanks in advance for any help you can give me.

-Frank


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## AlaskaGuy (Jan 29, 2012)

Well I guess I'm just chicken but I wouldn't make toys to sell for kids use. I'm assume you are a small one many shop.

If a kid get hurt the parents go wild and look for someone to sue. Even if you in the right it will cost you a bundle to defend yourself.


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## WoodenDreams (Aug 23, 2018)

Check out the different Woodworking Clubs in your area. One of the clubs works with The Boys Club in our area. They meet monthly, and hold events throughout the year. They make and give away 1,000's of wood toys, to The Cub Scouts, Boys Club, & Shelters just to name a few. They make helicopters, boats, airplanes, cars, trucks, puzzles, and much more for kids.


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## CaptainKlutz (Apr 23, 2014)

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?

FWIW - 
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.


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## ArtMann (Mar 1, 2016)

CaptainKlutz has provided you with some very wise counsel, whether he is a lawyer or not. Selling toys for children is very risky business.


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## WoodDragon (Nov 10, 2018)

Thanks, everyone.

I do plan on talking to a lawyer before I start selling anything. It would be irresponsible not too.


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## lumbering_on (Jan 21, 2017)

Looks like someone else didn't know about the new standards


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