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S T A T E O F C O N N E C T I C U T DEPARTMENT OF CONSUMER PROTECTION. PRODUCT SAFETY UNIT Overview of Toy Standards and Enforcement. Jerry Farrell, Jr. Commissioner. Richard E. Maloney Director, Trade Practices. Connecticut Department of Consumer Protection MISSION STATEMENT.

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s t a t e o f c o n n e c t i c u t department of consumer protection

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

Jerry Farrell, Jr.

Commissioner

Richard E. Maloney

Director, Trade Practices

connecticut department of consumer protection mission statement
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

examples of products the product safety unit regulates
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

the product safety unit is not responsible for
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

how does the product safety unit carry out its responsibilities
How does the Product Safety Unit Carry Out Its Responsibilities?

DCP has authority to:

  • Inspect all stores where children’s items 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

slide6

What We Do

No Action

Defect Theory

or

Failure of

A Standard

Product

Possible

Civil/ Criminal

Penalties

Remove the Product From the Market

Stop Sale by Embargo

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

toys and dcp
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

children s safety is a high priority
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

toy injuries and deaths nationwide
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

slide10

18 toy-related deaths in 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

toy standards
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

the state child protection act is analogous to the federal hazardous substances act fhsa

The State Child Protection Act is Analogous to the Federal Hazardous Substances Act (FHSA)

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.

major products regulated under fhsa
Major Products Regulated 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

more major products regulated under fhsa
More Major Products Regulated Under FHSA
  • Non full-size baby cribs
  • Rattles
  • Pacifiers
  • Bicycles

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

regulatory process
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 / Sharp Edges

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

age grading of toys
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

small parts regulation 16 cfr part 1501 fhsa
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

small parts requirement use and abuse testing
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

summary of use and abuse testing
Summary of Use and Abuse Testing

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

small parts test cylinder
Small Parts Test Cylinder

CylinderFailed sample

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

exempt items under 16 c f r 1501 3 1 of 2
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

exempt items under 16 c f r 1501 3 2 of 2
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

excluded from small parts 16 c f r 1501 4 b requirements
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

state child protection act
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

state child protection act25
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 is required for toys containing small parts and age graded for 3,4, and 5 yrs. of age.

!

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

state child protection act26
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

state child protection act27
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

state child protection act28
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

state child protection act29
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

rattles 16 cfr part 1510 fhsa
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

slide31
STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

pacifiers
Pacifiers

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

requirements for pacifiers
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

get the lead out
Get the Lead Out
  • Toys are banned if they bear paint with more than 0.06% lead
  • DCP has found lead in other products
      • figurines in game pieces
      • jewelry, crayons
  • 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

toys that present certain hazards are automatically banned for importation and sale in the u s
Toys that present certain hazards are automatically banned for importation and 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

no hazardous liquid chemicals
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

toy testing
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

cpsc toy enforcement
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

dcp toy enforcement
DCP Toy Enforcement
  • Follow-up on Complaints
  • Inspections and investigations
  • Embargoes
  • Recalls

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

examples of recalls by dcp
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

slide41
STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

slide42
STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

what is a recall
What is a recall?
  • “Recall” is generic term
    • repair product
    • replace product
    • refund purchase price of product

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

remedy
Remedy
  • Future Production
    • stop production
    • change design
  • Products in use by consumers
    • repair
    • replace
    • refund
    • warn

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

corrective action plan cap
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

child s death prompts replacement program of magnetic building sets
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 toddler

died after he swallowed magnets that twisted

his small intestine and created a blockage.

Three children ages 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

where to find more information
Where to Find More Information
  • DCP on the Web: www.ct.gov/dcp
  • Hotline 800-842-2649
  • CPSC on the Web: www.cpsc.gov
  • National Injury Information Clearinghous e
    • provides injury data from electronic data sources
    • publications such as hazard analyses, special studies and data summaries
    • Email: clearinghouse@cpsc.gov

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

where to find more information48
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

slide49

Connecticut Department of Consumer Protection

Keeping Families Safe

STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION