Key takeaways
- Whether a product is a children's product depends on how it is designed, marketed and packaged, not only on its size.
- A CPC must rest on tests by a third-party lab whose accreditation CPSC has accepted. Factory in-house reports do not qualify.
- Lead limits apply to every accessible part: 100 ppm total lead in substrates and 90 ppm in paint. Paint does not count as a barrier.
- Each product and its packaging need permanent tracking information: maker or importer, place and date of production, and batch.
- Durable infant and toddler products, such as cradles, high chairs and children's folding chairs, also need a registration card and permanent marking.
What counts as a children's product
The Consumer Product Safety Act defines a children's product as a consumer product designed or intended primarily for children 12 years of age or younger. CPSC's rule at 16 CFR 1200 lists the factors it weighs: the maker's statement of intended use and any label, how the product is packaged, displayed and advertised, whether it is commonly recognized as being for children, and the CPSC age-determination guidelines.
Colours, motifs and features that appeal mainly to young children push a product into the category. A plain wooden stool is a general-use product; the same stool painted with cartoon animals and sold in a nursery range is likely a children's product. Products intended for all ages but mainly used by people over 12 are general-use items. For Indian makers, the decision should be made with the importer before sampling, because it changes the testing, labelling and certificate.
What the CPSIA requires
| Requirement | Rule | What it means |
|---|---|---|
| Total lead content | CPSIA section 101; 16 CFR 1500.87–1500.91 | No more than 100 ppm lead in any accessible part. Paint, coatings and electroplating are not a barrier that makes lead inaccessible. |
| Lead in paint and surface coatings | 16 CFR 1303 | No more than 0.009% (90 ppm) lead in the dried paint film |
| Phthalates | 16 CFR 1307 | Children's toys and child care articles must not contain more than 0.1% of DEHP, DBP, BBP, DINP, DIBP, DPENP, DHEXP or DCHP in any plasticized or other component that may contain them |
| Product safety rules | For example 16 CFR 1250 (toys, ASTM F963), 1513 (children's bunk beds), 1232 (children's folding chairs and stools), 1610 (clothing textiles) | Whatever product-specific rules apply, tested by an accepted lab |
| Tracking labels | CPSIA section 103 (CPSA section 14(a)(5)) | Permanent marks on the product and packaging, to the extent practicable |
| Registration card and marking | 16 CFR 1130 | For durable infant and toddler products only |
| Children's Product Certificate | 16 CFR 1107 and 1110 | Issued by the importer, listing every rule and the lab that tested it; eFiled at US entry since 8 Jul 2026 |
A child care article is a product designed to help children aged 3 and under sleep, feed, suck or teethe. A children's toy is a product for a child 12 or under to use in play.
Third-party testing, exemptions and retesting
A CPC must be based on tests by a third-party conformity assessment body: a lab whose accreditation CPSC has accepted for the specific test methods. CPSC publishes the list of accepted labs, so check the lab and its scope before samples are sent. The rules in 16 CFR 1107 then require:
- Material-change testing when a design, component, component supplier or process changes in a way that could affect compliance.
- Periodic testing during continued production, at least once a year by default, or every two or three years under the longer options in 16 CFR 1107.21.
- Records of tests and the CPC kept for at least five years.
Some materials are exempt from lead-content testing, though not from the limit. Under 16 CFR 1500.91 they include untreated wood, paper, natural and manufactured textile fibres that are only dyed, and plant- and animal-derived materials such as leather, bone and shell. Brass, other base metals, paints, prints and surface treatments are not on that list, and the exemption is lost if the material is treated or adulterated with something that could add lead. The CPC must still name every applicable rule and state any testing exclusion relied on.
Tracking labels and registration cards
Tracking labels apply to all children's products. The permanent marks must let anyone find the manufacturer or private labeler, the place and date of production, and cohort information such as a batch or run number. CPSC accepts the importer's name, and accepts codes as long as a consumer can find out who interprets them. Hangtags do not count as permanent. If a product cannot practicably be marked, the packaging still must be.
Durable infant or toddler products, for children under 5, have extra duties under 16 CFR 1130. The list includes cribs, toddler beds, high chairs, bassinets and cradles, changing products, children's folding chairs and stools, gates and bed rails. Each product needs:
- A postage-paid consumer registration card supplied with the product.
- A permanent mark with the manufacturer's (importer's) name and contact details, model name and number, and date of manufacture.
- A record of registrations, used only for recalls and safety alerts.
What this means for Indian toy, furniture and décor makers
- Painted wooden toys and furniture. Every paint colour and lacquer needs a lead-in-paint result, and the substrate and any metal parts need total-lead results. Colours mixed locally from different batches are the main risk.
- Brass and metal décor. Moradabad brass and other alloys are not exempt from lead testing. Brass can contain lead, so a children's range needs testing of each alloy.
- Soft and textile items. Dyed cotton and wool are exempt from lead testing, but prints, glitter, embellishments, buttons and vinyl parts are not. Plastic parts of toys and child care articles need phthalate tests.
- Cradles, high chairs and kids' chairs. These are durable infant or toddler products and may also have their own CPSC safety standard.
- Records. Batch codes on goods and cartons must link to production records the factory keeps, or a recall cannot be targeted.
What an inspection can verify, and what needs a lab
| An inspector at the factory can check | Only a lab can establish |
|---|---|
| Tracking labels on products and cartons, legible and permanent, with batch and date that match production records | Total lead in substrates and lead in paint |
| Registration cards and permanent marking on durable infant and toddler products | Phthalate content of plastic and coated parts |
| Paints, alloys, plastics and trims in production match those in the CPSC-accepted lab report | Mechanical and physical tests of ASTM F963 and other product rules |
| Age grading, warnings and packaging match the agreed specification | Whether a changed material still complies |
How Clear To Load checks this in India
On a home décor and handicrafts inspection or a furniture inspection, the inspector checks tracking labels, cards and markings, and compares paints, metals and trims with your lab reports. For periodic or material-change testing, we pull and seal samples for a CPSC-accepted lab you choose through lab testing coordination, and check the report against the goods. We have no partner labs and take no commissions.
The report arrives within 24 hours and ends in Cleared to load, Hold or Not cleared. The CPC stays the importer's legal statement. Book an inspection to add these checks.
Sources
- 16 CFR Part 1200, Definition of Children's Product (eCFR)
- 16 CFR Part 1307, Phthalates in Toys and Child Care Articles (eCFR)
- 16 CFR 1500.91, Lead content determinations (eCFR)
- 16 CFR Part 1130, Registration of Durable Infant or Toddler Products (eCFR)
- 16 CFR 1107.21, Periodic testing (eCFR)
- CPSC: Children's Product Certificate
- CPSC: Tracking Label business guidance