S T A T E O F C O N N E C T I C U T DEPARTMENT OF CONSUMER PROTECTION

1. S T A T E O F C O N N E C T I C U TDEPARTMENT OF CONSUMER PROTECTION PRODUCT SAFETY UNIT Overview of Toy Standards and Enforcement Richard E. Maloney Director, Trade Practices William M.Rubenstein Commissioner

2. Connecticut Department of Consumer ProtectionMISSION STATEMENT "The Mission of the Connecticut Department of Consumer Protection is to ensure a fair and equitable marketplace, safe products and services for consumers in the industries that we license, regulate and enforce." STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

3. Examples of Products the Product Safety Unit Regulates • Toys • Pacifiers • Rattles • Articles intended for children under age 12 STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

4. The Product Safety Unit is not responsible for : • foods, drugs, cosmetics • pesticides • motor vehicles and motor vehicle equipment • general consumer use products STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

5. How does the Product Safety Unit Carry Out Its Responsibilities? DCP has authority to: • Inspect all stores where children’s articles are sold • Test items that are in possible violation • Require the recall of violative products • Embargo products that violate mandatory standards • Seek civil and criminal penalties • Educate consumers on the safe use of products STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

6. WHAT WE DO No Action Defect Theory or Failure of A Standard Product Possible Civil/ Criminal Penalties Stop Sale by Embargo Remove the Product From the Market STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

7. Toys and DCP • DCP regulates toys • DCP can require the recall of dangerous toys • DCP can impose fines on firms that violate mandatory toy standards STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

8. Children’s Safety is a High Priority • Children often cannot recognize and avoid hazards • Education of toy safety issues to parents and caregivers is a high priority • 60% of the inspector’s time is spent on toy safety STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

9. Toy Injuries and DeathsNationwide • In 2004 there were: • 16 deaths and about 200,000 injuries • In 2007 there were: • 18 deaths and about 232,900 injuries STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

10. 18 toy-related deaths: Calendar Year 2007 • 5 deaths – tricycles (drowning, motor vehicle involvement, fall) • 4 deaths – rubber balls/beads (airway obstruction, aspiration) • 2 deaths – non-motorized scooters (motor vehicle involvement) • 2 deaths – balloons (airway obstruction, aspiration, strangulation from ribbons) • 1 death – stuffed toy (suffocation) • 1 death – powered riding toy (drowning) • 1 death – inflatable water toy (drowning) • 1 death – toy boat (drowning) • 1 death – rubber dart (aspiration) STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

11. Toy Standards US Mandatory Standards & ASTM F963 TOYS Other standards, such as: EN71 Standard, European & ISO Toy Standard 8124 STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

12. THE STATE CHILD PROTECTION ACT IS ANALOGOUS TO THE FEDERAL HAZARDOUS SUBSTANCES ACT The FHSA applies to hazardous household substances and requires that they be labeled accordingly. This is the principal statute under which children’s products are regulated.

13. MAJOR PRODUCTS UNDER FHSA • Toys or other articles intended for use by children under 3 years which present choking, aspiration, or ingestion hazards due to small parts. • Electrically operated toys • Full-size baby cribs STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

14. MAJOR PRODUCTS UNDER FHSA • Non full-size baby cribs • Rattles • Pacifiers • Bicycles STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

15. Regulatory Process Small Parts Requirement State Child Protection Act Age Grade of Product Toy and Child Product Art Material Requirements Lead-in-Paint/Lead Policy Sharp Point and Sharp Edges STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

16. Age Grading of Toys • All toys must be age graded to determine what regulations apply. • During age grading, one is matching the attributes of the toy to the attributes of the child. • In age grading the Department looks at: • the manufacturer’s stated intent, such as the labeling if it is reasonable, • the advertising, promotion and marketing, and • how the article is commonly recognized as being intended for children. STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

17. SMALL PARTS REGULATION16 CFR Part 1501 (FHSA) • Bans toys intended for use by children under 3 years that have small parts • Small parts present a choking, aspiration and ingestion hazard • A small part is one that can fit into a small parts cylinder specified in the regulation • Children who ingest small parts can suffocate and die. STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

18. Small Parts Requirement Use and Abuse Testing Small Parts as Received BANNED Toy Age Graded for Children Under Three Use and Abuse Test: - Impact/ Tip Over - Torque & Tension (Seam Test) -Compression - Flexure Small Parts BANNED No Small Parts NOT BANNED STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

19. Summary of Use and Abuse Testing STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

20. Small Parts Test Cylinder • Cylinder Failed sample STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

21. Exempt Items Under 16 C.F.R.§ 1501.3 (1 of 2) • Balloons • Books and other articles made of paper • Writing materials • Children’s clothing and accessories • Grooming, feeding, and hygiene products STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

22. Exempt Items Under 16 C.F.R.§ 1501.3 (2 of 2) • Phonograph records • Modeling clay and similar products • Finger-paints, watercolors, and other paint sets • Rattles • Pacifiers STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

23. Excluded from Small Parts 16 C.F.R. § 1501.4(b) Requirements: • Paper • Fabric • Yarn • Fuzz • Elastic • String STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

24. State Child Protection Act • Certain toys and games containing small parts must contain cautionary labeling. • Labeling must meet prominence and conspicuousness requirements. • Must be exact wording. • Must meet labeling requirements under 16 C.F.R. § 1500.19 & 16 C.F.R. § 1500.121. STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

25. State Child Protection Act • The cautionary labeling for a toy or game is: • WARNING: • CHOKING HAZARD - Small parts. • Not for children under 3 yrs. • Labeling required for toys containing small parts and age graded for 3,4, and 5 yrs. of age. ! STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

26. State Child Protection Act • The cautionary labeling for balloons is: • WARNING: • CHOKING HAZARD - Children under 8 yrs. can choke or suffocate on uninflated or broken balloons. Adult supervision required. • Keep uninflated balloons from children. • Discard broken balloons at once. ! STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

27. State Child Protection Act • Small balls intended for children under three are banned. A small ball is defined as a ball with a diameter less than 44.4 mm (1.75”). • Small balls intended for children three years and above must be labeled. STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

28. State Child Protection Act Labeling for small balls: WARNING: CHOKING HAZARD-This toy is a small ball Not for children under 3 yrs. Labeling for toys containing small balls: WARNING: CHOKING HAZARD-Toy contains a small ball Not for children under 3 yrs. • Toys containing small balls age graded for 3 through 7 yrs. of age. ! ! STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

29. State Child Protection Act Labeling for marbles: WARNING: CHOKING HAZARD-This toy is a marble Not for children under 3 yrs. Labeling for toys containing marbles: WARNING: CHOKING HAZARD-Toy contains a marble Not for children under 3 yrs. Games containing marbles age graded 3 through 7 yrs. of age. ! ! STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

30. Rattles16 CFR Part 1510 (FHSA) • CPSC's standard is intended to eliminate rattle designs that let rattles enter an infant's mouth and become lodged in the throat, presenting a risk of choking and/or suffocation. • Rattles that enter and penetrate to the full depth of a test cavity included in regulation are banned - before and after use and abuse STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

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32. Pacifiers STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

33. Requirements for Pacifiers • Must not fit through a test fixture described in the regulation • Nipples must meet tensile and structural integrity tsts • Two airholes in guards and shields • No strings or cords STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

34. Get the Lead Out • Toys are banned if they bear paint with more than 0.06% lead • DCP has found lead in other products • jewelry, crayons • figurines in game pieces • For the period commencing July 1, 2009, and ending June 30, 2011, any children's product with greater than three hundred parts per million total lead content by weight for any part of the product; and (ii) on and after July 1, 2011, any children's product with greater than one hundred parts per million total lead content by weight for any part of the product, or such stricter standard established in regulation adopted pursuant to section 21a-342; (C) on and after July 1, 2009, any children's product with lead-containing paint greater than ninety parts per million total lead content; (D) on and after July 1, 2009, any children's product with lead-containing paint greater than .009 milligrams of lead per centimeter squared; • Under the new federal CPSIA law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009. STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

35. Toys that present certain hazards are automatically banned for importation & sale in the U.S. Toys are banned if, for example, they contain a chemical that is: 1. Toxic, Corrosive or an irritant 2. A child to whom the toy is given could gain access to the chemical, AND 3. The chemical may cause substantial illness or injury during reasonably foreseeable use or misuse • Same for toys that are flammable or combustible, strong sensitizer or irritant STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

36. No Hazardous Liquid Chemicals • Toys filled with liquid chemicals • rolling balls, pens, keychains, liquid timers, mazes • Chemicals include: • mercury, ethylene glycol, diethylene glycol, methanol • petroleum distillates, toluene STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

37. TOY TESTING • Under the new federal CPSIA, every product subject to a CPSC standard must have an accompanying certificate of compliance. • It is unlawful to sell a toy that violates CPSC’s standards • CPSC recommends to manufacturers/importers: • Test a reasonable and representative number of toys • Maintain good quality control procedures • Meet more than the minimum requirements STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

38. CPSC TOY ENFORCEMENT • CPSC Toy safety standards and bans are laws of the United States government • It is unlawful to import to the U.S. or sell in the U.S. a product that violates CPSC standards STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

39. DCP TOY ENFORCEMENT • Follow-up on Complaints • Inspections and investigations • Embargoes • Recalls STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

40. Examples of Recalls by DCP • Toy Jewelry – The recalled jewelry could break, releasing small beads that pose an aspiration hazard to young children - led to the recall of approximately 144,500 jewelry sets. • Hooded Sweatshirts – Sweatshirts have a drawstring through the hood posing a strangulation hazard to children – led to the recall of approximately 4500 sweatshirts. STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

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43. What is a recall? • “Recall” is generic term • repair product • replace product • refund purchase price of product STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

44. Remedy • Future Production • stop production • change design • Products in use by consumers • repair • replace • refund • warn STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

45. Corrective Action Plan (CAP) • Notification • Targeted to owner • press release • press conference • point of purchase posters • direct mail • paid advertisement STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

46. Child’s Death Prompts Replacement Program of Magnetic Building Sets • Hazard: Tiny magnets inside the plastic building pieces and rods can fall out. Magnets found by young children can be swallowed or aspirated. If more than one magnet is swallowed, the magnets can attract to each other and cause intestinal perforation or blockage, which can be fatal. This product is unsuitable for young children. • Incidents/Injuries: CPSC is aware of 34 incidents involving small magnets, including one death and four serious injuries. A 20-month-old boy died after he swallowed magnets that twisted his small intestine and created a blockage. Three children ages ranging from 3 to 8 had intestinal perforations that required surgery and hospitalization in intensive care. A 5-year-old child aspirated two magnets that were surgically removed from his lung. STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

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48. Where to Find More Information • DCP on the Web -- http://www.ct.gov/dcp • Hotline 800-842-2649 • CPSC on the Web -- http://www.cpsc.gov • National Injury Information Clearinghouse • provides injury data from electronic data sources • publications such as hazard analyses, special studies and data summaries • www. clearinghouse@cpsc.gov STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

49. Where to Find More Information • Freedom Of Information Office • Hotline 800-638-CPSC (2772) • report a product related incident • obtain recall information • Consumer Product Safety Review STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION

50. Keeping Families Safe STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION