AGE DETERMINATION GUIDELINES: Relating Consumer …

1 AGE DETERMINATION guidelines : Relating Consumer Product Characteristics to the Skills, Play Behaviors, and Interests of Children January 2020 CPSC STAFF DOCUMENT Revised by: Melissa N. Richards, , Diane L. Putnick, , Joan Suwalsky, , & Marc H. Bornstein, , Child and Family Research Section, Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), National Institutes of Health (NIH), Department of Health and Human Services (DHHS) Khalisa H. Phillips, , Psychologist Jill Hurley, , Engineering Psychologist Division of Human Factors Directorate of Engineering Sciences Consumer Product Safety Commission1 (800) 638-2772 CPSC Hotline 1 This document was revised by NICHD and CPSC staff under Interagency Agreement #CPSC-I- 14-0016 and has not been reviewed by, and does not necessarily reflect the views of, the Commission.

2 CPSC staff will begin using the 2020 Age DETERMINATION guidelines on June 1st, 2020, at which time the 2020 guidelines will supersede the 2002 guidelines . (This page intentionally left blank) i CONTENTS Page PRODUCT SUBCATEGORY INDEX .. III INTRODUCTION .. 1 BACKGROUND .. 3 Small Parts Regulation .. 3 Use and Abuse 4 Age Labeling and Determinations .. 5 Consumer Product Safety Improvement Act .. 6 ASTM F963 Toy Safety 7 Children s Toy .. 9 Child Care Article .. 9 Children s Products .. 9 A USER GUIDE TO THE AGE DETERMINATION guidelines .. 11 History of the Age DETERMINATION guidelines .. 11 Organization of the Age DETERMINATION 12 CHILDREN S BASIC ABILITIES AND PREFERENCES .. 19 EXPLORATORY AND PRACTICE PLAY .. 29 Mirrors, Mobiles, & Manipulatives.

3 31 Push & Pull Toys .. 45 BUILDING PLAY .. 55 Blocks .. 57 Interlocking Building Materials .. 71 PRETEND & ROLE 81 Dolls & Stuffed Toys .. 83 Play Scenes & Puppets .. 99 Dress-Up Materials .. 109 Small Vehicle Toys .. 121 Tools & Props .. 135 GAME & ACTIVITY PLAY .. 147 149 Card, Floor, Board, & Table Games .. 159 ii SPORTS, RECREATIONAL, & OUTDOOR PLAY .. 169 Ride-On Toys .. 171 Recreational Equipment .. 181 Sports Equipment .. 197 MEDIA PLAY .. 207 Arts & Crafts .. 209 Musical Instruments .. 223 EDUCATIONAL & ACADEMIC PLAY .. 237 Books .. 239 Learning Products .. 253 TECHNOLOGY PLAY .. 263 Smart Toys & Educational 265 Audiovisual Equipment .. 277 Computer & Video Games .. 293 REFERENCES .. 307 PRODUCT INDEX .. 323 iii PRODUCT SUBCATEGORY INDEX Page Arts & Crafts.

4 209 Audiovisual Equipment .. 277 Blocks .. 57 Books .. 239 Card, Floor, Board, & Table Games .. 159 Computer & Video 293 Dolls & Stuffed Toys .. 83 Dress-Up Materials .. 109 Interlocking Building Materials .. 71 Learning Products .. 15 Mirrors, Mobiles, & Manipulatives .. 31 Musical Instruments .. 223 Play Scenes & 99 Push & Pull Toys .. 45 Puzzles .. 149 Recreational Equipment .. 181 Ride-On Toys .. 171 Small Vehicle Toys .. 121 Smart Toys & Educational Software .. 265 Sports Equipment .. 197 Tools & Props .. 135 iv (This page intentionally left blank) 1 INTRODUCTION The 2020 Consumer Product Safety Commission Staff (CPSC staff) document titled, Age DETERMINATION guidelines : Relating Consumer Product Characteristics to the Skills, Play Behaviors, and Interests of Children, supersedes the (2002) Age DETERMINATION guidelines : Relating Children s Ages to Toy Characteristics and Play Behavior.

5 This document presents age-grading information in the form of guidelines for toys and other articles, children s toys, child care articles, and children s products. CPSC staff performs age determinations, in which the various characteristics of a Consumer product are matched to the skills, play behaviors, and interests of children in a particular age group. For manufacturers, age grading is an important step in developing, marketing, and labeling Consumer products. Using information from the Age DETERMINATION guidelines to determine w hether a general use product would be appropriate for children is an important consideration for them as well. Once manufacturers determine a target age for a product through age grading, CPSC staff encourages manufacturers to label, promote, and market it to that age group.

6 Accurate age labels provide parents and other consumers with guidance for selecting age-appropriate products for children. CPSC s regulations have long required that Consumer products be constructed to withstand the reasonably foreseeable uses and abuses of children within specified age groups. The Consumer Product Safety Improvement Act of 2008 (CPSIA) imposed new obligations, such as requiring manufacturers of children s products to certify, based on third-party testing, that their products meet CPSC standards. The results of age determinations directly impact the type and severity of mechanical and chemical tests the samples may subsequently undergo to identify potential hazards. Additions and updates to the age groups for products found in the revised Age DETERMINATION guidelines are based on (1) observational research of children s play with products by Child and Family Research at NICHD/NIH under Interagency Agreement CPSC-I-14-0016, (2) public comments received by the CPSC, and (3) age grading by CPSC Human Factors staff.

7 Staff has updated/expanded the Introduction, titling the new chapters, Background, and A User Guide to the Age DETERMINATION guidelines . The Background chapter provides an overview of the relevant Introduction 2 statutes, regulations, and standards that are frequently consulted for age grading. The User Guide chapter provides a brief history of the Age DETERMINATION guidelines , as well as information on how the material is organized. The guidance found in the following Background chapter is provided for convenience and may not necessarily reflect the latest version of the regulations in the CFR or other applicable statutes. Check the applicable statutes and regulations to determine the current requirements for an applicable law. For further guidance, you can also visit CPSC s Business Education website at: The Age DETERMINATION guidelines explain how CPSC staff develops its assessment of ages for Consumer products.

8 The Age DETERMINATION guidelines are not a mandatory rule, and CPSC will not enforce them as such. Rather, they present CPSC staff s views on age grading. Manufacturers and others may use the Age DETERMINATION guidelines to help them determine the appropriate age group for their product(s). 3 BACKGROUND Established in 1972 by the Consumer Product Safety Act (CPSA),2 the CPSC is charged with protecting consumers from unreasonable risks of injury associated with Consumer products. To accomplish this goal, CPSC develops standards, pursues recalls, and in certain circumstances, issues bans on products that are intended for children of certain ages. Additionally, CPSC enforces numerous regulations under other statutes, some of which apply to products for children within specific age groups.

9 For example, CPSC administers the Federal Hazardous Substances Act (FHSA),3 under which it has issued certain regulations regarding toys and other articles. The Child Safety Protection Act (CSPA) of 1994 amended sections of the FHSA to require labeling of certain products that pose a choking hazard to children within a specified age range ( , small balls, balloons, marbles). The Labeling of Hazardous Art Materials Act (LHAMA),45 amended the FHSA to require labeling of all art materials determined to have a potential chronic hazard for health. One regulation issued under the FHSA with very specific age-specific requirements is the Small Parts Regulation. Small Parts Regulation6 In 1979, the Commission issued a regulation under provisions of the FHSA to ban certain toys and other articles that are intended for use by children under 3 years of age, if they present a choking, aspiration, or ingestion hazard because of small parts.

10 This regulation, known as the Small Parts Regulation, is found in 16 CFR (a)(9), .52, and part 1501. Introduction or delivery for introduction into interstate commerce of a banned item is a prohibited act under section 4 of the FHSA and subjects the firm to the penalties described in section 5 of the FHSA. The regulation does not apply to toys or other articles that are solely intended for use by children 3 years of age and older, or to toys and other articles that children 2 Consumer Product Safety Act (CPSA) of 1972. PL 92-573. Available at 3 Federal Hazardous Substances Act (FHSA) of 1960. PL 86-613. Available at 4 Labeling of Hazardous Art Materials Act (LHAMA) of 1988.