The USA Toy Safety Standards proposed to add collar float requirements

On November 20, 2024, the U.S. Consumer Product Safety Commission (CPSC) issued a Proposed Rule Notice (NPR) for a mandatory Toy Safety standard: Collar Type Floating Devices, which proposes to add 16 CFR Part 1250.5 to the performance and labeling requirements for collar type floating devices to address potentially fatal hazards associated with collar type floating devices. The public has until January 21, 2025, to submit comments.

Neck float: means an article, whether inflatable or not, that encircles the neck, supports the weight of the child by being secured around the neck (such as by fastening, tightening, or other methods), is used as an instrument of play in water environments including sinks, baths, paddling pools and swimming pools, and is intended for use by children up to and including 4 years of age in water environments including sinks, baths, paddling pools and swimming pools.

This NPR story:

1.Performance requirements

(1)Conditioning procedure: Neck floats shall undergo thermal conditioning in accordance with section 5.5.4.1 of ANSI/CAN/UL 12402-9:2022, with modifications provided in this section. Following thermal conditioning, a neck float shall undergo exposure conditioning in a chlorinated saltwater bath. The chlorinated saltwater bath shall be prepared by dissolving 32 grams of sodium chloride (NaCl) in 1 liter of aqueous solution containing 2 ppm chlorine at pH 7.0-7.8. The necessary volume of solution at those concentrations shall be prepared to fully submerge the neck float, in darkness and at room temperature (20±2°C (68±4°F)) for 8 hours. Lastly, the neck float shall undergo ultraviolet light exposure conditioning in accordance with sections 4.2.1.1-4.2.1.4 of ANSI APSP ICC-16 (2017), with the modifications provided in this section, prior to any testing in accordance with paragraphs (2)-(4) of this section. Any inflatable component(s), if applicable, of the neck float shall be deflated during the conditioning procedure.

(2)Minimum buoyancy requirements: Neck floats shall demonstrate a minimum upward buoyancy equal to or greater than 30 percent the expected weight capacity of the neck float, and neck floats utilizing inherently buoyant components shall lose no more than 5 percent of their initial buoyancy, when tested in accordance with sections 5.5.9.2-5.5.9.4 of ANSI/CAN/UL 12402-9:2022(with some additions and exclusions).

Expected Weight Capacity

(3)Restraint system requirements: All restraint systems used to attach the neck float to the body or to connect components of the neck float together shall require the release of the fastening mechanism to have either a double-action release system that requires two distinct, but simultaneous actions to release, or a single-action release system that requires a minimum of 50 N to release. The restraint system shall also comply with the requirements of section 6.4.4 when tested in accordance with section 7.5.1 of ASTM F833-21(with some additions and exclusions).

(4)Neck opening test requirement: During the test, the neck opening of the collar type floating device shall not allow the specified head probe (different head probe sizes for different age range products) to pass.

2.Labeling requirements

(1)Requirements for Marking and Labeling

①Instead of complying with the warning text of section 5.4 of ASTM F963-23, neck floats and the packaging of neck floats must include the safety alert symbol, signal word, and word message as shown in Figure.

②The warnings shall be in the English language at a minimum.

③The warnings shall be conspicuous and permanent on the principal display panel and in a distinct color contrasting to the background on which it appears.

④The warnings shall conform to ANSI/NEMA Z535.4-2023, sections 6.1-6.4, 7.2-7.6.3, and 8.1(Modifications in part).

⑤Certain text in the message panel must be in bold and in capital letters as shown in the example warning labels in figures 3 and 4 to paragraph (d)(1)(ii). Text must use black lettering on a white background or white lettering on a black background.

⑥The message panel text shall appear in sans serif letters and be center or left aligned. Text with precautionary (hazard avoidance) statements shall be preceded by bullet points “·”.

⑦Multiple precautionary statements shall be separated by bullet points if paragraph formatting is used.

⑧The safety alert symbol ! and the signal word “WARNING” shall appear in sans serif letters and be at least 1/8″(3.2mm) high and be center or left aligned. The remainder of the text shall be in characters whose upper case shall be at least 1/16″(1.6mm) high.

⑨The safety alert symbol, an exclamation mark in a triangle, when used with the signal word, must precede the signal word. The base of the safety alert symbol must be on the same horizontal line as the base of the letters of the signal word. The height of the safety alert symbol must equal or exceed the signal word letter height. The exclamation mark must be at least half the size of the triangle centered vertically.

⑩The warning contained within { } “Check for leaks before use. Never use with leaks.” is only required for neck floats utilizing inflatable components.

(2)Requirements for Instructional Literature.

Instructions shall have the same warning labels that must appear on the product and provided separately, as a user manual, with similar formatting requirements, but without the need to be in color. However, the signal word and safety alert symbol shall contrast with the background of the signal word panel, and the warnings shall contrast with the background of the instructional literature. The instructions shall include information on assembly, installation, maintenance, cleaning and use, where applicable. The instructions shall explain how to check for adequate fit of the neck float around the child's neck to prevent slipping through the center opening. For inflatable neck floats, the instructions shall include clear directions for testing the neck float for leaks. Any additional instructions provided, that are not required, shall neither contradict nor confuse the meaning of the requirements.

CTT tips:

Neck floats is a popular infant swimming pool/pool toy in recent years. The proposed new performance and labeling requirements of the USA Toy Safety Standard Rule 16 CFR 1250 are the first to regulate this type of product. The majority of manufacturers and businesses need to pay attention to requirements, check and improve product quality in advance, and avoid product non-compliance. CTT has rich experience in product testing, to help you easily understand whether the product is safe and compliant, welcome to consult.