Additionally, this page offers a series of frequently asked questions (FAQs) that summarize the rule and provide examples of the differences between children’s products and general use products. For games intended for an audience of 9-year-olds and older, please see the prior question on products for children ages 9 to 12 years old. A manufacturer is expected to know its product and what a child using the product might reasonably be expected to do with the product. Keep your child in the back seat at least through age 12. A safety alert offering tips on preventing furniture or TV tip-overs. Products that are for use by children are those with which they will interact or have direct physical contact, such as the diaper itself. ET, Office of Equal Employment Opportunity and Minority Enterprise, Regulations, Mandatory Standards and Bans, Consumer Product Safety Improvement Act of 2008 (CPSIA). The Commission will certainly consider any label on the product and what it says about the age of the intended user but such a label is but only one of the factors we will consider. Visit our FAQ Section image/svg+xml HI AK FL MI ME NY PA VA WV OH IN IL WI NC TN AR MO GA SC KY AL LA MS IA MN OK TX NM KS NE SD ND WY MT CO ID UT AZ NV OR WA CA NH VT RI CT NJ DE MD DC MA. Place televisions as far back as possible on sturdy furniture appropriate for the size of the TV or on a low-rise base. However, if a manufacturer adds features to the game or its packaging that make it more attractive to or suitable for children, then the game could be considered a children's product rather than a general use product. Learn more about CARES. Consideration of the other four factors must be undertaken as well. All Victorian organisations that provide services or facilities to children are required by law to comply with the Child Safe Standards. This publication helps you choose the correct helmet. The Guidelines provide information about social, emotional, cognitive, and physical development during childhood, and about specific product categories. (All art materials, whether or not designed or intended primarily for children, must comply with the Labeling of Hazardous Art Materials Act (LHAMA), codified at 16 CFR § 1500.14(b)(8), which requires that art materials be properly labeled if they may present a chronic adverse health effect. Of these, 27 (68%) died from strangulation and six (15%) died from falls to the playground surface. In the case of the article of clothing and the backpack, the sizing of the product and the themes and decorations depicted on the products would likely play a part in determining whether the product is a children's product. Certain model trains that meet the criteria just described are one example of an adult collectible, on which the Commission provided guidance. Children's products are subject to a set of federal safety rules, called children's product safety rules. Children's Products Children's products are subject to a set of federal safety rules, called children's product safety rules. A pen with a silly head on the top, not associated with any particular mass media (and not sold in toy stores), may have just as much appeal to adults as children. The Commission passed an interpretative rule with further explanation and examples. Did You Know? The law defines a "children's product" as a consumer product designed or intended primarily for children 12 years of age or younger. Magnets found in many toys are strong enough to attract one another or other metal objects through body parts creating unique dangers particularly if swallowed. Child Safety Laws In Your State. For example, a toy, a potty seat, an article of clothing, and a backpack are all items that a child "uses" and that would likely be considered children's products, if the product met the four criteria above. Are there child care regulations and rules that your state has in place to protect your child’s health and safety? The Commission decides whether a product is a children's product. No. When a child touches or interacts with a product, such as an adult stereo or a television, the product is still considered a general use product because it was not intended primarily for children 12 years of age or younger. Crafting kits and supplies that are not specifically marketed to children 12 years of age or younger likely would be considered products intended for general use. Regulations. -Play value (i.e., features primarily attractive to children 12 years of age or younger that promote interactive exploration and imagination for fanciful purposes, including whimsical activities lacking utility for accomplishing mundane tasks; actions performed for entertainment and amusement). (The Commission considers inclusion of the word primarily in the law to be important and helpful in distinguishing a "general use product" from a "children's product."). Here is the full list of rules requiring the issuance of a CPC. Child Injury Prevention Topics. Our Mission: Successfully engage children and families to ensure safety, strengthen families, and achieve permanency. Children ages 0 to 3 must be in child restraint devices of a separate carrier or a vehicle manufacturer’s integrated child seat. When manufacturers use component parts or materials not otherwise intended for children and they repurpose those parts or materials as components in their children's products, those manufacturers become responsible for ensuring compliance with children's product safety standards. For added security, anchor furniture and TV stands to the floor or wall with appropriate hardware, such as brackets. CPSC.gov is an official website of the United States government. Keeping our youngsters safe goes far beyond stranger danger. This analysis is not store-by-store, but it is conducted as a general market analysis. Determining how your product is classified enables you to identify correctly the set of consumer product safety standards applicable to your product. Other factors to consider include: cost, play value, marketing, packaging, promotion, appearance (color, texture, material, and the level of realism), and dexterity required for wearing. Child Care Related Statutes. Jewelry intended for children is sized, themed, and marketed for children. The manufacturer, however, has a significant amount of control, through its design, packaging, representations, marketing, and advertising, in influencing how a product would likely be evaluated using the four factors (see the first question above). Moreover, Commission staff also distinguishes between children's jewelry and toy jewelry using the factors described above. Children have also been known to use their teeth to pry apart two magnets. The Commission has determined that traditional board and table games, like chess, checkers, backgammon, playing cards, or Chinese checkers are commonly recognized as equally attractive to children and adults because the level of difficulty increases or decreases, depending on the player's skill. The law defines a "children's product" as a consumer product designed or intended primarily for children 12 years of age or younger. This regulation provides the rules regarding the operation of a child care center. You can find the law in section 108(e) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Public Law 110-314), and you can find the Commission's interpretative regulation at 16 CFR part 1200 (pdf). Children should never use magnets to emulate tongue, lip or nose piercings. Manufacturers could also refer to sales data, market analyses, focus groups, or other marketing studies for their analyses of consumer perceptions of their products. Recommended car seats based on your child's age and size If you suspect child abuse or neglect, contact the Arizona Child Abuse Hotline at 1-888-SOS-CHILD … Generally, no. Here is the full list of rules requiring the issuance of a GCC. Home furnishings and fixtures, like children's furniture sets or children's beanbags, which are designed or intended primarily for children 12 years of age or younger, are decorated or embellished with childish themes, are sized for children, have play value, or are marketed to appeal primarily to children, are considered children's products. Children and Young People (Safety) Act 2017) in whose care, guardianship or custody the child is placed under that Act; and Certain general use products subject to mandatory consumer product safety rules are required to undergo testing or be subjected to a reasonable testing program and have a written General Certificate of Conformity (GCC) demonstrating compliance. Survey the child’s play area, and if a magnet has become dislodged or if there is a magnet missing, stop using the toy immediately. A child’s weight can cause a TV or piece of furniture to tip-over, leading to serious injury or even death. Child Safety and Injury Prevention. Use this map to find child safety laws in each state. CPSC does not control this external site or its privacy policy and cannot attest to the accuracy of the information it contains. CPSC.gov is an official website of the United States government. Please note, when using the links below, the Child Care Regulations are listed under Chapter 2.. 922 KAR 2:020 - Child Care Assistance Program (CCAP) improper payments, claims and penalties. U.S. toymakers follow a mandatory set of safety rules and regulations under ASTM F963 – Standard Consumer Safety Specification for Toy Safety, created under ASTM International. Specifically, where a product, such as a board game, exists in junior and regular versions, the junior version likely would be considered a children's product, and the regular version would not. 4330 East West Highway Bethesda, MD 20814. Florida law requires children age 5 and under to be secured properly in a crash-tested, federally approved child restraint device. Click Ok if you wish to continue to the website; otherwise, click Cancel to return to our site. The Virginia law is based on age and proper usage. Look for … A children's product is one that is intended for use by children. To schedule a Child Passenger Safety Presentation, please fill out the Traffic Safety Program Request form and select Child Passenger Safety Presentation or call 866-247-0213. Some kids love to climb and can use drawers and shelves on furniture and TV stands as steps. According to the Consumer Product Safety Commission, about eight children under age 5 die each year from falling out a window, and more than 3,300 are injured seriously enough to go to the hospital.. However, certain children's products may not necessarily require direct physical interaction to be considered a children's product. However, beyond the educational environment, youth-size musical instruments, science equipment, and sporting equipment may lead to a determination that the subject product be considered as a children's product, if it satisfies the other four factors. Prevent Sexual Abuse Steps we can all take to help keep children safe from sexual abuse. The following are external links to codes, statutes, and regulations enforced by the California Department of Public Health. The use of the equipment sized for people of all ages by children 12 years of age or younger does not convert that equipment into a children's product, even in situations where the equipment is specifically marketed or rented to schools and other educational settings for marching bands, science labs, and sporting events. Toy jewelry would be subject to the federal toy safety standard in addition to the requirements for children's products. The Chemical Exposures Subcommittee works to understand and predict disease and disabilities from changing chemical exposures and metals, including lead, to children across their life stages. The more characteristics of this type that a product has, the greater the likelihood exists that the product may be considered to be a children's product. For example, products such as infant mobiles, lamps, clocks, and rugs with nursery themes that are designed for children's rooms and that have features designed to appeal to children and that may entice or invite children to use them or physically interact with them, could lead to a determination that a product is a children's product. Products used by children 12 years of age or younger that have a declining appeal for teenagers are likely to be considered children's products. However, if the same pen is decorated or embellished with certain features that might appeal to a child, such as childish themes or features with play value, then the pen may be considered, but would not necessarily be deemed, a children's product. Are child care providers screened for past criminal activity? The embellishments and decorations, depending on individual circumstances, may be enough to "transform" what would otherwise be a general use product into a children's product. Most people have a rather narrow focus when it comes to child safety issues. The Commission may also consider the kind of store (e.g., toy goods or sporting goods) and the in-store physical shelf location, if known, in determining whether a product is designed or primarily intended for children 12 years of age or younger. Versions of these games, and similar games commonly considered by consumers to appeal to a general audience, are not considered children's products. Twisting of the intestine and blockages can also result from swallowed magnets. This also applies to most seasonal decorations, even if those decorations may appeal to children. If a consumer older than 12 years of age is as likely, or more likely, to interact with a product than a child 12 years of age or younger, then the product would probably be considered a general use product, depending upon how the product is viewed, using all of the four factors above. Child Safety Child safety is your responsibility. Adult collectibles, which are distinguished by their relatively high cost, limited production, intricate detail, fragility, and often, placement in a display case, can be distinguished from children's collectibles. PDF of Child Care Licensing Regional Offices What other programs can child care providers participate in to increase the quality of their care? Once your child is 8 years old or older, or taller than 4 ft 9 in, he or she may use the vehicle's safety belt. Linking to this external site does not constitute an endorsement of the site or the information it contains by CPSC or any of its employees. The prominence, conspicuousness, or other emphasis given to each portrayal of a product's uses or intended users on packaging or in advertising media can be weighted differently according to which images or messages are the strongest and most obvious to the consumer at the point of purchase. The types of product representations can be expressed (such as product advertising declaring that the product is for use by children 12 years of age or younger) or implied (such as product advertising showing the product being used by young children). In making a determination, the Commission will consider the manufacturer's statement of intended use and will also consider the product's reasonably foreseeable use. The Guidelines generally describe the characteristics that appeal to children and the activities they are able to perform throughout childhood. New York State Consumer Protection Board (pdf). But most child injuries can be prevented. National Highway Traffic Safety Administration (NHTSA). Therefore, a pen is generally considered a general use product, even though children 12 years of age or younger may write with the same pen. Additional product-specific examples are provided in the interpretative rule and discussed further below. Child Safety - Widgets - Child Sexual Abuse Prevention. Products that specifically are not intended for children 12 years of age or younger, for example cigarette lighters, candles, fireworks, and products with child-resistant packaging, are not considered children's products. While the candle is not a children's product, the stuffed animal might be considered a children's product because the manufacturer should expect that the recipient will likely provide the stuffed animal to a child and use the candle themselves. The installation of the child safety restraint must be in accordance with the manufacturer's specifications for your child's weight and height. Keep any small magnets away from children younger than 6 years old, particularly if the child has a tendency to put objects in his or her mouth. If you design, make, supply, import, sell or install internal window blinds the child safety requirements apply to you. Remove items that might tempt kids to climb, such as toys and remote controls, from the top of the TV and furniture. - Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. Certain products that meet these criteria, depending on the facts and circumstances, may be treated as general use products. Be sure to wear a helmet that is appropriate for the activity. Size is particularly relevant in certain product areas, such as sporting equipment, musical instruments, and science equipment, for which children 12 years of age or younger may often use equipment sized for people of all ages. There are different helmets for different activities. Yes. These pages should give you an idea of the risks out there, and hopefully give you renewed appreciation of the importance of safety training your children. Our Vision: Children thrive in family environments free from abuse and neglect. A child day care center must have a certificate of compliance (license) from DHS in order to operate. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered: - A statement by the manufacturer about the intended use of the product, including a label on the product, if such statement is reasonable. There are different helmets for different activities. Some products may be designed or intended for use by consumers of all ages, including children 12 years old or younger. If you cannot replace corded blinds with child-safe cordless blinds, take these precautions. The CARES Child Safety Device is not approved for use in motor vehicles. NHTSA has a bicycle safety program directed toward reducing bicycle injuries and fatalities through education, enforcement, outreach and legislation. Learn more . What rules and regulations do child care providers in your state follow to protect your child’s health and safety? To assess whether a product is commonly recognized by consumers as being primarily intended for a child, a manufacturer should evaluate the reasonably foreseeable uses of a product to determine how the product will be perceived and used by consumers of that product. This communication does not, and is not intended to, constitute legal advice and has not been reviewed or approved by the Commission, and does not necessarily represent their views. A child is properly secured by an adult safety seat belt if: (a) the lap belt fits across the child's thighs and hips and not across the abdomen; Generally, yes. Children should never use magnets to emulate tongue, lip or nose piercings. Child Safety - Widgets - Report Child Abuse. Between 2001 and 2008, the Consumer Product Safety Commission investigated 40 deaths associated with playground equipment. It is the duty of every person carrying on a preschool service to take all reasonable measures to safeguard the Health, Safety and Welfare of the children attending the service and to comply with the Child Care Act 1991 (Early Years Services) Regulations 2016 and the Child Care Regulations (The Child Care Act 1991 (Early Years Services) (Amendments) Regulations 2016. For example, a paper clip, ordinarily a general use item, included in a "magnet kit," would be considered a children's product when it is part of the kit. In uncertain situations, you may also contact the Commission's Office of Compliance for a staff ruling on how a product would likely be classified. Parents and caregivers can play a life-saving role in protecting children from injuries. People who are unsure whether a product is a children's product are urged to err on the side of caution and ensure that the product meets all applicable children's product safety rules. 922 KAR 2:090 - Child Care Center Licensure. At the same time, some collectibles are not necessarily high cost items and cost will remain one of several factors the Commission will use to make its determinations. 1. Keep any small magnets away from children younger than 6 years old, particularly if the child has a tendency to put objects in his or her mouth. -Small sizing of a product that would make the product uncomfortable for average adults; -Exaggerated features (large buttons, bright indicators) that simplify the product's use; -Safety features that are not found on similar products intended for adults; -Colors commonly associated with childhood (pinks, blues, bright primary colors); -Decorative motifs commonly associated with childhood (such as animals, insects, small vehicles, alphabets, dolls, clowns, and puppets); -Features, like cartoons, which do not necessarily enhance the product's utility but contribute to its attractiveness to children 12 years of age or younger; and. Pens with puzzle features that allow the user to take them apart and reconfigure the design also are likely to appeal to children and adults alike, but would not likely be considered children's products because they are not primarily intended for children. Children have also been known to use their teeth to pry apart two magnets. Safety information you need to know about planning, constructing, and maintaining an outdoor home playground. The different types of safety seats, basic safety seat installation, crash dynamics, child passenger safety laws and the importance of proper seat belt use will be discussed. For games with small parts, sharp points and edges, and other similar characteristics for children ages less than 9 years old then the game should be considered a children's product. Injuries are the leading cause of death in children ages 19 and younger. The Commission provides the example of a stuffed animal packaged with a candle. Child restraint devices are required for children through the age of seven (until 8th birthday). The Commission's policy is that a children's product is something "for use" by a child. General use products are consumer products that are not designed or intended primarily for use by children 12 years of age or younger. - Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. Place electrical cords out of a child’s reach, and teach children not to play with the cords. 21.5.2020—Child Safety (Prohibited Persons) Regulations 2019 Published under the Legislation Revision and Publication Act 2002 5 (b) the care of a child by an approved carer (within the meaning of the . The Commission has provided the example of a pen as a product that is usually intended for consumers older than 12 years of age. Children under one (1) year of age, or any child, weighing twenty (20) pounds or less, must be secured in a child passenger restraint system in a rear facing position, meeting federal motor vehicle safety standards, in a rear seat, if available, or according to the child safety restraint system or vehicle manufacturer's instructions. To maximize safety, keep your child in the car seat for as long as possible, as long as the child fits within the manufacturer’s height and weight requirements. Using the four-factor analysis set forth above, if it is determined that the "kits" are designed and primarily intended for children 12 years of age or younger, then all elements included in the kit are considered "children's products," and they must comply with the standards. Related Pages. Determining how your product is classified enables you to identify correctly the set of children’s product safety rules applicable to your product. A one-page alert describing the dangers of magnets and injury prevention tips. This communication has been prepared for general informational purposes only and is based upon the facts and information presented. However, most home furnishings and fixtures are usually not considered children's products, unless they meet the criteria above. The U.S. Consumer Product Safety Commission consistently ranks toys among the safest of 15 consumer product categories found in the home. Any views expressed in this communication may be changed or superseded by the Commission. The age guidelines provided by librarians, education professionals, and publishers are helpful for this particular class of products. Further evaluation would be required, and other factors, such as whether the physical characteristics of the pen (e.g., size and color) and the likelihood that any additional decorations or novelty items associated with the pen would be equally appealing to consumers younger than and older than 12 years of age would be evaluated to determine whether the product was likely designed and intended primarily for children. Contact Us: 800-638-2772 (TTY 800-638-8270), Toll Free Consumer Hotline | Time: 8 a.m. - 5.30. p.m. 922 KAR 2:120 - Child Care Facility Health and Safety Standards - The Age Determination Guidelines (pdf) issued by the Commission staff in January 2020, and any successor to such guidelines. Infants must ride rear-facing until they reach two years of age unless the child turned age one prior to May 26, 2017. Click Ok if you wish to continue to the website; otherwise, click Cancel to return to our site. However, the Commission also recognizes that many CDs and DVDs will be considered general use products even if children 12 years of age or younger find them appealing. Yes. Installing Your Car Seat. Linking to this external site does not constitute an endorsement of the site or the information it contains by CPSC or any of its employees. Such products would be considered "general use products.". Child Care Licensing Program 744 P Street, MS T9-15-48 Sacramento, CA 95814 Phone: (916) 651-6040 Child Care Advocates - (916) 654-1541 ChildCareAdvocatesProgram@dss.ca.gov. What training should child care providers have before they begin caring for your child? In this example, the diaper itself would be considered a children's product, whereas the diaper bag would not. Art materials, including art and craft kits, sized, decorated, and marketed to children 12 years of age or younger, such as crayons, finger paints, and modeling clay, would be considered children's products. Age grading is an important task for manufacturers to undertake in order to ensure that their products are safe and developmentally appropriate for the targeted audience. Be extremely careful in purchasing toys containing magnets and vigilant in watching children while playing. Under the Child Wellbeing and Safety Act 2005, the department is a relevant authority for in-scope organisations that it funds and/or regulates. An expensive gold pen may be used mainly by adults even if it is embellished with a character themed emblem traditionally associated with childhood. CPSC does not control this external site or its privacy policy and cannot attest to the accuracy of the information it contains. For example, decorations with childish themes that invite the use of the product by children 12 years of age or younger may cut across all four factors. Cost may be a factor if the product is very expensive and is unlikely to be provided to a child. Key Federal Programs to Reduce Childhood Lead. 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