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Selling toys in the US

In the US, each toy must comply with the applicable provisions of ASTM F963-23, made mandatory by 16 CFR 1250. Toys are children's products: they are tested by a CPSC-accepted third party laboratory and covered by a Children's Product Certificate. Lead, phthalate and small parts rules apply, and toys carry permanent tracking marks.

Updated · Each section links to the official source it comes from

Regulator
The Consumer Product Safety Commission (CPSC)
Toy standard
ASTM F963-23, through 16 CFR 1250
Certificate
Children's Product Certificate (CPC)
Testing
CPSC-accepted third party laboratory, then periodic tests
Lead in paint
0.009 percent
Phthalates
8 phthalates, each limited to 0.1 percent
Records
Kept for five years

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Which provisions of ASTM F963-23 and other CPSC rules apply to the toy? Read more
  2. 2Is it intended for children under 3, with small parts? Read more
  3. 3Do paint, substrates and plastics meet the lead, heavy element and phthalate limits? Read more
  4. 4Has a CPSC-accepted third party laboratory tested it? Read more
  5. 5Is there a Children's Product Certificate, eFiled at import? Read more
  6. 6Do the toy and its packaging carry tracking marks and the right warnings? Read more
  7. 7Is there a way to report a defect to the CPSC within 24 hours? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

The toy safety standard

ASTM F963 as a mandatory federal standard.

  • 16 CFR 1250 makes each toy comply with the applicable provisions of ASTM F963-23, incorporated by reference.
  • Provisions of ASTM F963 that restate existing CPSC or FDA rules are not part of the mandatory standard; those rules apply in their own right.
  • 16 CFR 1250 adds performance, labelling and acrylamide limits for water bead toys, and buoyancy, restraint and labelling requirements for neck floats for children up to 4.
  • Toy surface coatings and accessible substrates that can be sucked, mouthed or ingested meet the ASTM F963 solubility limits for eight heavy elements; unfinished, untreated wood is treated as meeting them.

How we help: Compliant Always works out which clauses of ASTM F963-23 and which CPSC rules apply to your toy, and keeps the test report for each with the product. Ask about this

Lead, phthalates and heavy elements

Chemical limits for toys and other children's products.

  • Toys and other children's articles bearing paint or surface coatings with more than 0.009 percent lead are banned hazardous products.
  • The CPSIA limits lead in products designed or intended primarily for children 12 and under: 100 ppm total lead content in any part from 14 August 2011 (15 U.S.C. 1278a), unless the CPSC determined that limit was not technologically feasible for a product or class. The limits do not apply to parts a child cannot reach.
  • Children's toys and child care articles may not contain more than 0.1 percent of DEHP, DBP, BBP, DINP, DIBP, DPENP, DHEXP or DCHP, in any plasticised or other part that may contain phthalates.
  • A children's toy is a product designed or intended for a child 12 or younger to use in play.

How we help: Compliant Always reads lead and phthalate results component by component against the limits and keeps them with the lot. Ask about this

Small parts, warnings and tracking labels

Choking hazards, cautionary statements and permanent marks.

  • Toys and other articles intended for children under 3 may not contain parts that fit entirely in the small parts cylinder, including parts that come off in use and abuse tests.
  • Toys and games for children aged 3 to under 6 with small parts, and products with latex balloons, small balls or marbles, carry the prescribed CHOKING HAZARD warnings on the package, in English and on the principal display panel.
  • Water bead toys carry a set warning in English, on the principal display panel.
  • A children's product and its packaging carry permanent, distinguishing marks, to the extent practicable, giving the manufacturer or private labeler, the place and date of production and cohort information such as a batch number.

How we help: Compliant Always checks your packaging artwork for the warnings and tracking marks the toy needs, and ties each batch number to its test reports. Ask about this

Third party testing and the Children's Product Certificate

How a toy is shown to meet the rules, and the paperwork that travels with it.

  • From 8 July 2026, importers of most regulated consumer products electronically file (eFile) their certificates of compliance with CBP, according to the CPSC.
  • A Children's Product Certificate and its test reports are in English. The certificate names the product, each rule it is certified to, the US manufacturer or importer, the records custodian, the date and place of manufacture, the date and place of testing, and the CPSC-accepted laboratory.
  • Toys intended for children over 12 fall under ASTM F963 but do not need third party testing at a CPSC-accepted laboratory.
  • Manufacturers submit enough samples to a third party conformity assessment body, a laboratory whose accreditation the CPSC has accepted, to support certification.
  • If a sample fails, the manufacturer investigates and cannot certify until it has a high degree of assurance that the product complies.
  • Periodic testing by a third party laboratory follows, at least once a year, or once every three years where continued compliance is tested by an ISO/IEC 17025 laboratory; a material change that could affect compliance calls for new third party tests and a new certificate.
  • The importer of a foreign-made toy, or the US manufacturer, issues a Children's Product Certificate; for imports its data is eFiled with Customs at entry, and it is furnished to distributors and retailers.
  • The CPC, test records, periodic testing plans and material change records are kept for five years and made available to the CPSC.

How we help: Compliant Always keeps each CPC with the test reports it rests on, shows when periodic testing is due, and flags a material change that needs new tests. Ask about this

Reporting and recalls

What a toy business tells the CPSC when something is wrong.

  • A firm reports to the CPSC when it obtains information indicating that a product it has distributed fails a CPSC standard or ban, contains a defect that could create a substantial product hazard, or creates an unreasonable risk of serious injury or death.
  • It should report within 24 hours of obtaining information that reasonably supports that conclusion, and should not wait to be certain.
  • Information to evaluate includes complaints, test results from independent laboratories, production data and injury claims.

How we help: Compliant Always keeps complaints, test reports and production records with the product and lot, so the facts behind a reporting decision are in one place. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ImporterIssuing the CPC for foreign-made toys, eFiling it at entry, and keeping the records.Factory test reports read and dated before the goods ship.
ManufacturerThird party and periodic testing, tracking labels and, for US-made toys, the CPC.Test plans and reports kept by product, with due dates in view.
Private labelerThe CPC for US-made toys sold under its brand, unless the manufacturer issues it.The certificate and its evidence ready for each retailer's form.
Retailer and distributorReceiving the CPC from the certifier, and not selling banned products.Certificates collected and checked by product.

Federal and state

Federal agencies set the national rules. States can add their own: California's Proposition 65, for example, can call for a warning on a product sold there.

Retailers and marketplaces often ask for more than the law does, such as test reports by lot or third party certificates.

Shipping out of the US?

Exporting toys from the US

Questions businesses ask

What safety standard applies to toys in the US?
ASTM F963-23, the Consumer Product Safety Specifications for Toy Safety, which 16 CFR 1250 makes mandatory, together with other CPSC rules on lead, phthalates and small parts.
Do toys need third party testing in the US?
Yes. Toys are children's products, so they are tested by a laboratory whose accreditation the CPSC has accepted, and then periodically, before and after certification.
What is a Children's Product Certificate?
The certificate of compliance for a children's product. It identifies the product, each rule it is certified to, the certifier, where and when it was made and tested, and who keeps the records.
Who issues the CPC for an imported toy?
The importer. For a toy made in the US, the manufacturer issues it, or the private labeler unless the manufacturer does.
What is the lead limit for children's products?
Paint and surface coatings may not exceed 0.009 percent lead. Total lead content in any part may not exceed 100 ppm from 14 August 2011 under 15 U.S.C. 1278a, unless the CPSC determined that limit was not technologically feasible.
Which phthalates are restricted in toys?
DEHP, DBP, BBP, DINP, DIBP, DPENP, DHEXP and DCHP, each above 0.1 percent, in children's toys and child care articles.
What is the small parts rule?
Toys for children under 3 may not have parts that fit entirely in the small parts test cylinder. Toys for ages 3 to under 6 with small parts carry a choking hazard warning.
What are tracking labels?
Permanent, distinguishing marks on a children's product and its packaging, where practicable, showing who made it, where and when, and its batch or run.
How long are toy test records kept?
Five years. The CPC, certification and periodic test records, and material change records are made available to the CPSC on request.
Can a toy be labelled 'Meets CPSC Safety Requirements'?
Yes, if the manufacturer or private labeler has certified that it meets the applicable CPSC rules. The label must not imply that the CPSC tested or endorsed it.
When does CPSC eFiling start for imported toys?
From 8 July 2026, importers of most regulated consumer products electronically file their certificates of compliance with US Customs and Border Protection, according to the CPSC.
What must a Children's Product Certificate include?
Seven elements: the product, each safety rule it is certified to, the US manufacturer or importer certifying it, the records custodian, the date and place of manufacture, the date and place of testing, and the CPSC-accepted laboratory. It is in English.
Do toys for teenagers need third party testing?
Toys for children under 14 fall under ASTM F963, but third party testing at a CPSC-accepted laboratory and a Children's Product Certificate apply to products for children 12 and under.
How does Compliant Always help with selling in the US?
Our team reads the rules for the markets you sell in. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches federal sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

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