Stuffed Toys
Revised Summary of State's Stuffed Toy Licensing and Labeling
Laws
This is an update of the applicable laws and regulations in the
states of Pennsylvania, Massachusetts and Ohio affecting stuffed toys
and dolls. This summary replaces TIA Bulletin No. S-26 of 1994 on this
subject. Note: Maine repealed its law regulating stuffed toys on July
1, 2001.
Uniform Label for Stuffed Toys
It is possible for manufacturers to utilize a uniform stuffed toys
label which is good in all three states (Ohio, Pennsylvania and
Massachusetts) that require the licensing of stuffed toy manufacturers
and the labeling of stuffed toys. The uniform label, to be effective for
all States, should contain the following information.
- The Pennsylvania license number of the manufacturer or vendor. [Note
that because Pennsylvania requires a Pennsylvania license number to be
on the label and does not accept the use of the name and address of the
manufacturer or the use of any other State's licensing number, the
uniform label must utilize the Pennsylvania license number.]
Ohio and Massachusetts will accept the use of a Pennsylvania
toy registration number if that Pennsylvania number is registered within
these states and their fees are paid.
- The name and principal place of business (City and State) of the
manufacturer or vendor.
- A statement that "All new Material" (with type of material) or "All
New (type) Material" was used in the manufacture of the stuffed
toy.
There is no color, size or type requirement for the UNIFORM LABEL
provided the print is legible and can be readily discerned. The label
must be affixed to the stuffed toy itself.
Pennsylvania Laws | Massachusetts Laws | Ohio
Laws
Pennsylvania
The Pennsylvania statute has been in effect since 1961. The
requirements are as follows:
License Fee
$25
initial registration
$25 annually thereafter
Labeling Requirements
Manufacturers must submit detailed information as to filler content
of their stuffed toys, and specimens of such toys selected at random, to
Pennsylvania licensing authorities. There is no color, size or type
requirements with respect to the label, provided it is legible and can
be readily discerned. The following information must appear in the
label:
- A statement that "All New Material" or "All New (type) Material" was
used in the manufacture of the stuffed toys.
- The manufacturer's registration number assigned by Pennsylvania
preceded by the abbreviations "REG.NO.PA" (the registered name and
address of the manufacturer alone cannot be used). No person other than
the one granted a given registration, or his designated agent, shall use
the registration number.
The regulation provides that stuffed toys are "unfit for sale"
should they contain:
- Material of sufficient size to visibly reveal a pattern, weave or
other mechanical unification of threads to indicate prior use of a
previous manufacturing process.
- Dirt and/or other foreign matter in excess of one percent (1%) by
weight.
- More than one percent (1%) oil or grease.
- More than 0.002% lead as (Pb) - (20 parts per million).
- More than 0.0002% arsenic - (2 parts per million).
- More than 5.0% ammonia.
- More than 1.0% urea.
- Plastic or metal ornaments such as eyes, nose, etc., not of a safe
design or not attached to the stuffed toys in such manner as to prevent
removal.
- Stones or other hard materials having jagged or sharp edges.
- Material bearing electrostatic charge with adherence characteristics
which when exposed could lodge in the windpipe, ears or nostrils.
- Filing material which surface burns at a rate of less than three (3)
seconds for twelve (12) square inches...
Registration Requirements for Foreign Manufacturers
- The manufacturer may register directly with the Department at the
foreign manufacturer's location. This is identical to the requirement
for domestic manufacturers, or
- An importer may hold a stuffed toy registration on behalf of each
foreign manufacturer represented. The Department does not permit
"pooling" of registrations.
Clarification of the Registration Requirements for
Foreign Manufacturers
The chief of the Pennsylvania Department of Labor and Industry has
attempted to "clarify" the foreign manufacturers' registration provision
by letter. The letter states that the Department is not requiring
registration of each plant of domestic manufacturers but only to insure
that each foreign manufacturer is separately registered. In a
telephone conversation with TIA General Counsel, the chief also
indicated that a domestic manufacturer who has product manufactured
abroad for it and who supplies designs or materials to the foreign
source also need not register the foreign plant.
In addition, the bedding chief indicated that he was only requiring
registration of foreign plants if the foreign manufacturer sells
products totally made from its own design to the American importer.
TIA has consistently maintained that registration by a single
manufacturer or importer in its own name is all that is required under
the Pennsylvania statute and its regulations and that requiring multiple
foreign plant registrations for suppliers of a registered U.S.A.
manufacturer or imported constitutes a broadening and misinterpretation
of the regulations in a manner which is inconsistent with prior
interpretation and practices of the Department.
Classification of Flammability Fabrics
Fabrics
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NO NAP, PILE, TUFTING, FLOCK OR OTHER
TYPE RAISED FIBER SURFACE
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NAPPED, PILE, TUFTED, FLOCKED OR
OTHER TYPE RAISED FIBER SURFACE
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CLASS I (relatively slow
burning)
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When time of flame spread is 20 seconds
or more for 12 square inches.
|
When time of flame spread is over 7
seconds for 12 square inches.
|
CLASS II (Moderately
flammable)
|
When time of flame spread is 8 to 19
seconds for 12 inch square.
|
Burns with a rapid surface flash in less
than 7 seconds for 12 square inches, with no fusing or ignition of base
fabric.
|
CLASS III (Relatively
flammable)
|
When time of flame spread is 3 to 7
seconds for 12 square inches.
|
When time of flame spread is from 4 to 7
seconds, both inclusive, for 12 square inches with fusing or ignition of
base fabric.
|
CLASS IV (Rapid and intese
burning)
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When time of flame spread is less than 3
seconds for 12 square inches.
|
When time of flame spread is less than 4
seconds for 12 square inches with fusing or ignition of base fabric.
|
Non-Fabric
Non-fabric materials include plastics, paints, and non-fabric
portions of a stuffed toy. These materials which meet the requirements
in Class V are accepted as having no unusual burning characteristics.
Materials which have burning characteristics as set forth in Class VI
are considered dangerously flammable and recognized as unsuitable for
stuffed toys because of their rapid burning and intense burning. The
classification shall be as follows:
- CLASS V -- Such materials shall be classified as normal
flammability when a 9 square inch sample does not burn or flash the full
area during a 4-second flame exposure.
- CLASS VI -- Such materials shall be classified as
rapid-burning when a 9-square inch sample burns or flashes the full area
during a 4-second flame exposure.
16 CFR 1500.44, and CPSC enforcement regulations which permit 16 CFR
1610 application of textile flammability standards, may preempt the
Pennsylvania flammability requirements if the Pennsylvania requirement
is not identical to the federal regulation applicable to toys.
Regulatory Agency
Department of Labor &
Industry
Bedding and Upholstery Section
Room 1619
7th and Forster Street
Harrisburg, PA 17120
Tel: (717) 787-6848, Fax: (717) 787-6925
www.dli.state.pa.us
Massachusetts
License Fee
$300 initial registration
$300 annual renewal
Labeling requirements
The following information shall appear on the manufacturer's label:
- Name and principal place of business (City and State) of the
manufacturer; or at the option of the manufacturer, the manufacturer's
Massachusetts license number.
- The statement "All New Material" (with type of material) or "All New
(type) Material" was used in the manufacture of the toy.
- The form, design, color or size of labels is left to the
manufacturer's discretion, provided the information and type size is
legible. No special method of affixing labels (string tags would
suffice) is required. The information must be "clearly visible" so that,
if the label is beneath doll's clothing, the required information must
appear on the box.
- "All labels required by this law shall be securely attached to the
article during the process of manufacture at the factory. Such labels
shall be fixed in such position that they may be conveniently
examined."
Regulatory Agency
Department of Public Health
Food and Drug Division
Furniture & Bedding Inspection Section
305 South Street
Jamaica Plain, MA 02130
Tel: (617) 983-6700
Ohio
License Fee
The regulations of the Division of Bedding and Upholstered Furniture
of the Ohio Department of Industrial Relations require that
manufacturers of stuffed toys pay an annual fee of $50 and file
quarterly reports accompanied by a tax of four (4) cents per item sold
in the State of Ohio in the preceding quarter(effective July 1,
1989).
Labeling Requirements
A label securely affixed to the stuffed toy or doll which contains
the following:
- The registered name and address of the manufacturer or
importer.
- At the option of the manufacturer or importer, the license number
assigned to registrants by the State of Ohio which shall be the
registered license number of the manufacturer or importer in any other
state in which he is registered; and
- A statement that "All New Material" (with type of material) or "All
New (type) Material" was used in the manufacture of the stuffed toy.
The form, design, color or size of the label is left to the discretion
of the manufacturer or importer, provided that the information required
on the label is clearly legible and in sufficient size type so that it
can be readily discerned. The label must be affixed to the stuffed toy
itself.
- Requirements for registration numbers:
- It is the requirement of the State of Ohio that the manufacturer's
registration number be preceded by the name of the state issuing the
registration number and be followed by the abbreviated name of the state
in which the plant is located.
- If you are requesting recognition of a uniform registration number,
be sure to provide the complete registration number along with a copy of
the license issued from the issuing state. The abbreviation of the plant
location must be noted as a suffix to the registration number if the
location is different than the issuing state.
- If you are requesting the issuance of an Ohio registration number
provide the location of the state in which the plant is located if it is
outside the state of Ohio.
- Each license registration number is plant location specific. If you
are using more than one plant in different states, you will need more
than one license and registration number requiring additional license
fees.
- When applying for more than one registration number, due to
different state plant locations the registration number issued will be
the same except that the suffixes will be abbreviated to represent each
different state plant location.
- If you are using overseas plant locations, the above applies as
well.
Testing Fees
Effective January 13, 1992, the Division of Bedding and Upholstered
Furniture Inspection assesses a laboratory fee for tests and analyses
performed on materials used in the manufacture of stuffed toys. The fees
and charges to be paid for making any such test and analysis, shall be
assessed on the basis of the material type or filling content being
tested and analyzed.
The fee schedule is as follows:
Test and Analysis
|
Cost per
sample ($)
|
1.
|
Fiber Composition 100% one fiber
|
50
|
2.
|
Mechanical Separation
|
50
|
3.
|
Microscopical Analysis (per fiber)
|
40
|
4.
|
Combined Chemical and Microscopical Analysis (per
fiber)
|
90
|
5.
|
Additional Charge For Percentage
|
40
|
6.
|
Fiber Identification Only Common Fibers
|
50
|
7.
|
Macroscopic Evaluation Sample and/or Article
|
40
|
8.
|
Feather & Down Analysis
|
|
|
• Content w/out Species
|
125
|
|
• Content and Species
|
170
|
|
• Down and Natural and/or Synthethic Fiber
Separation
|
90
|
|
• Feather and/or Down and Natural and/or Down
and Natural and/or Synthetic Fiber Separation
|
90
|
Regulatory Agency
Department of Industrial Compliance
Division of Bedding and Upholstered Furniture
And Stuffed Toy
6606 Tussing Road
P.O. Box 4009
Reynoldsburg, OH 43068-2428
Tel: (614) 644-2236
www.com.state.oh.us
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