---
kind: "section"
citation: "15 U.S.C. § 2056b"
title: "15"
title_heading: "Commerce and Trade"
number: "2056b"
heading: "Mandatory toy safety standards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2056b"
units:
  - "Chapter 47 — Consumer Product Safety"
---

# §2056b. Mandatory toy safety standards

- (a) **In general—** Beginning 180 days after August 14, 2008, the provisions of ASTM International Standard F963–07 Consumer Safety Specifications for Toy Safety (ASTM F963), as it exists on August 14, 2008 (except for section 4.2 and Annex 4 or any provision that restates or incorporates an existing mandatory standard or ban promulgated by the [Commission](/usc/15/2052.md?p=a-4) or by statute or any provision that restates or incorporates a regulation promulgated by the [Food](/usc/15/2052.md?p=a-5-I) and [Drug](/usc/15/55.md?p=c) [Administration](/usc/15/636e.md?p=1) or any statute administered by the [Food](/usc/15/2052.md?p=a-5-I) and [Drug](/usc/15/55.md?p=c) [Administration](/usc/15/636e.md?p=1)) shall be considered to be [consumer product](/usc/15/2052.md?p=a-5) safety standards issued by the [Commission](/usc/15/2052.md?p=a-4) under [section 2058 of this title](/usc/15/2058.md).
- (b) **Rulemaking for specific toys, components and risks—**
  - (1) **Evaluation—** Not later than 1 year after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4), in consultation with representatives of consumer groups, juvenile product [manufacturers](/usc/15/2052.md?p=a-11), and independent child product engineers and experts, shall examine and assess the effectiveness of ASTM F963 or its successor standard (except for section 4.2 and Annex 4), as it relates to safety requirements, safety labeling requirements, and test methods related to—
    - (A) internal harm or injury hazards caused by the ingestion or inhalation of magnets in [children](/usc/15/2052.md?p=a-2)’s products;
    - (B) toxic substances;
    - (C) toys with spherical ends;
    - (D) hemispheric-shaped objects;
    - (E) cords, straps, and elastics; and
    - (F) battery-operated toys.
  - (2) **Rulemaking—** Within 1 year after the completion of the assessment required by [paragraph (1)](#b-1), the [Commission](/usc/15/2052.md?p=a-4) shall promulgate rules in accordance with [section 553 of title 5](/usc/5/553.md) that—
    - (A) take into account other [children](/usc/15/2052.md?p=a-2)’s product safety rules; and
    - (B) are more stringent than such standards, if the [Commission](/usc/15/2052.md?p=a-4) determines that more stringent standards would further reduce the [risk of injury](/usc/15/2052.md?p=a-14) of such toys.
- (c) **Periodic review—** The [Commission](/usc/15/2052.md?p=a-4) shall periodically review and revise the rules set forth under this section to ensure that such rules provide the highest level of safety for such products that is feasible.
- (d) **Consideration of remaining ASTM standards—** After promulgating the rules required by [subsection (b)](#b), the [Commission](/usc/15/2052.md?p=a-4) shall—
  - (1) in consultation with representatives of consumer groups, juvenile product [manufacturers](/usc/15/2052.md?p=a-11), and independent child product engineers and experts, examine and assess the effectiveness of ASTM F963 (and alternative health protective requirements to prevent or minimize flammability of [children](/usc/15/2052.md?p=a-2)’s products) or its successor standard, and shall assess the adequacy of such standards in protecting [children](/usc/15/2052.md?p=a-2) from safety hazards; and
  - (2) in accordance with [section 553 of title 5](/usc/5/553.md), promulgate [consumer product safety rules](/usc/15/2052.md?p=a-6) that—
    - (A) take into account other [children](/usc/15/2052.md?p=a-2)’s product safety rules; and
    - (B) are more stringent than such standards, if the [Commission](/usc/15/2052.md?p=a-4) determines that more stringent standards would further reduce the [risk of injury](/usc/15/2052.md?p=a-14) associated with such toys.
- (e) **Prioritization—** The [Commission](/usc/15/2052.md?p=a-4) shall promulgate rules beginning with the product categories that the [Commission](/usc/15/2052.md?p=a-4) determines to be of highest priority, until the [Commission](/usc/15/2052.md?p=a-4) has promulgated standards for all such product categories.
- (f) **Treatment as consumer product safety standards—** Rules issued under this section shall be considered [consumer product](/usc/15/2052.md?p=a-5) safety standards issued by the [Commission](/usc/15/2052.md?p=a-4) under [section 2058 of this title](/usc/15/2058.md).
- (g) **Revisions—** If ASTM International (or its successor entity) proposes to revise ASTM F963–07, or a successor standard, it shall notify the [Commission](/usc/15/2052.md?p=a-4) of the proposed revision. The [Commission](/usc/15/2052.md?p=a-4) shall incorporate the revision or a section of the revision into the [consumer product safety rule](/usc/15/2052.md?p=a-6). The revised standard shall be considered to be a [consumer product](/usc/15/2052.md?p=a-5) safety standard issued by the [Consumer Product](/usc/15/2052.md?p=a-5) Safety [Commission](/usc/15/2052.md?p=a-4) under [section 2058 of this title](/usc/15/2058.md), effective 180 days after the date on which ASTM International notifies the [Commission](/usc/15/2052.md?p=a-4) of the revision unless, within 90 days after receiving that notice, the [Commission](/usc/15/2052.md?p=a-4) notifies ASTM International that it has determined that the proposed revision does not improve the safety of the [consumer product](/usc/15/2052.md?p=a-5) covered by the standard. If the [Commission](/usc/15/2052.md?p=a-4) so notifies ASTM International with respect to a proposed revision of the standard, the existing standard shall continue to be considered to be a [consumer product safety rule](/usc/15/2052.md?p=a-6) without regard to the proposed revision.
- (h) **Rulemaking to consider exemption from preemption—**
  - (1) **Exemption of State law from preemption—** Upon application of a [State](/usc/15/2052.md?p=a-15) or political subdivision of a [State](/usc/15/2052.md?p=a-15), the [Commission](/usc/15/2052.md?p=a-4) shall, after notice and opportunity for oral presentation of views, consider a rulemaking to exempt from the provisions of [section 2075(a) of this title](/usc/15/2075.md?p=a) (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a [risk of injury](/usc/15/2052.md?p=a-14) associated with a [children](/usc/15/2052.md?p=a-2)’s product subject to the [consumer product](/usc/15/2052.md?p=a-5) safety standards described in [subsection (a)](#a) or any rule promulgated under this section. The [Commission](/usc/15/2052.md?p=a-4) shall grant such an exemption if the [State](/usc/15/2052.md?p=a-15) or political subdivision standard or regulation—
    - (A) provides a significantly higher degree of protection from such [risk of injury](/usc/15/2052.md?p=a-14) than the [consumer product](/usc/15/2052.md?p=a-5) safety standard or rule under this section; and
    - (B) does not unduly burden interstate [commerce](/usc/15/2052.md?p=a-3).

    In determining the burden, if any, of a [State](/usc/15/2052.md?p=a-15) or political subdivision standard or regulation on interstate [commerce](/usc/15/2052.md?p=a-3), the [Commission](/usc/15/2052.md?p=a-4) shall consider and make appropriate (as determined by the [Commission](/usc/15/2052.md?p=a-4) in its discretion) findings on the technological and economic feasibility of complying with such standard or regulation, the cost of complying with such standard or regulation, the geographic distribution of the [consumer product](/usc/15/2052.md?p=a-5) to which the standard or regulation would apply, the probability of other [States](/usc/15/2052.md?p=a-15) or political subdivisions applying for an exemption under this subsection for a similar standard or regulation, and the need for a national, uniform standard under this Act for such [consumer product](/usc/15/2052.md?p=a-5).

  - (2) **Effect of standards on established State laws—** Nothing in this section or in [section 2075 of this title](/usc/15/2075.md) shall prevent a [State](/usc/15/2052.md?p=a-15) or political subdivision of a [State](/usc/15/2052.md?p=a-15) from continuing in effect a safety requirement applicable to a toy or other [children](/usc/15/2052.md?p=a-2)’s product that is designed to deal with the same [risk of injury](/usc/15/2052.md?p=a-14) as the [consumer product](/usc/15/2052.md?p=a-5) safety standards established by this section and that is in effect on the day before August 14, 2008, if such [State](/usc/15/2052.md?p=a-15) or political subdivision has filed such requirement with the [Commission](/usc/15/2052.md?p=a-4) within 90 days after August 14, 2008, in such form and in such manner as the [Commission](/usc/15/2052.md?p=a-4) may require.
- (i) **Judicial review—** The issuance of any rule under this section is subject to judicial review as provided in [section 2060(g) of this title](/usc/15/2060.md?p=g), as added by [section 236](/usc/15/236.md) of this Act.

## Source credit

(Pub. L. 110–314, title I, § 106, Aug. 14, 2008, 122 Stat. 3033; Pub. L. 112–28, § 4, Aug. 12, 2011, 125 Stat. 280.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsec. (h)(1), is Pub. L. 110–314, Aug. 14, 2008, 122 Stat. 3016, known as the Consumer Product Safety Improvement Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 2051 of this title and Tables.

Section 2060(g) of this title, as added by section 236 of this Act, referred to in subsec. (i), is section 2060(g) of this title, as added by section 236 of Pub. L. 110–314.

### Codification

Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter.

### Amendments

2011—Subsec. (a). Pub. L. 112–28 inserted “or any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration” after “or by statute”.

### Statutory Notes and Related Subsidiaries

### Definition

For definition of “Commission” used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title.