Or. Admin. Code § 333-016-0056

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-016-0056 - Test Methods for Simulating Use and Abuse, Toys, Games, and Other Articles Intended for Use by Children

(1) Objective. This rule and OAR 333-016-0057, 333-016-0058, and 333-016-0059 describe specific test methods for simulating normal use of toys and other articles intended for children as well as the reasonably foreseeable damage or abuse to which the articles may be subjected. The test methods are for use in exposing potential hazards that would result from the normal use or the reasonably foreseeable damage or abuse of such articles intended for children.

(2) Application:

(a) Toys intended for children 96 months of age or less must satisfy all tests in this section and shall also satisfy tests which have been established for articles intended for the specified age groups of children: 18 months of age and less, over 18 months but not over 36 months of age, and over 36 months but not over 96 months of age, which are set forth in OAR 333-016-0057, 333-016-0058, and 333-016-0059. If an article is marked, labeled, advertised, or otherwise intended for children of an age spanning more than one of such age groups, the article will be subjected to those tests providing the most stringent requirements. If an article is not age-labeled or is unreasonably age-labeled and is intended for children 96 months of age or less, it will also be subjected to the most stringent test requirements;

(b) Each of the test methods described in this rule and in OAR 333-016-0057, 333-016-0058, and 333-016-0059 shall be applied to a previously untested sample, except the tension test which shall be conducted with the test sample used in the torque test if no failure occurred during that test;

(c) Normal use testing:

(A) (Known herein as Requirement No. 1) These tests are intended to simulate normal use conditions so as to assure that hazards are not generated through normal wear and deterioration. The object of these tests shall be to simulate the normal play mode of the toy, and the tests in Requirement No. 2, are therefore unrelated. The tests are intended to uncover hazards, rather than to demonstrate the reliability of the toy. The fact that a mechanism or material of a toy fails during testing is only relevant if the failure creates a potential hazard. Toys shall be subjected to appropriate tests to repeatedly simulate the normal use of the particular toy. For example, levers, wheels, catches, triggers, strings, wires, chains, and so on, that are intended to be actuated by a child shall be repeatedly operated. Spring or power-operated devices shall be similarly tested. The tests shall be carried out in a normal use environment. For example, toys intended for use in the bathtub shall be tested in soapy water, and toys intended for use in the sandbox shall be exposed to sand during testing. The toy should be inspected after such tests, and hazards such as points, sharp edges, and release of small parts shall be evaluated according to the relevant requirements under OAR 333-016-0080;

(B) Abuse testing and impact testing. Tests in (A,i) through (A,iii); (B,i) through (B,v); (E,i) through (E,v);(F,i) through (F,v); and (G,i) through (G,v); (known herein as Requirement No. 2) are to simulate the exposure of a toy to mechanical damage through dropping, throwing, and other actions likely to be performed by a child, and to simulate situations in which possible damage can occur to a toy by reason of it falling from a crib, a table or counter top, or other impact situation which may occur as a result of reasonably foreseeable abuse. After testing, the toy shall be examined for mechanical hazards, such as hazardous sharp edges and points, and ingesting hazards, such as small liberate components, chips, or fragments according to the particular age grading requirement for each hazard, as described in OAR 333-016-0080.

(d) Special impact tests for certain classes of toys exempted from drop tests:

(A) Tip over test for large floor-standing toys. Toys intended for use on the floor, such as refrigerators and ovens, that have a volume of greater than 3 cubic feet, calculated without regard to minor appendages, or a projected base area of 400 square inches or more, shall be tipped over onto an impact area of the construction described in Test (E,i). The impact area shall be sufficiently large to accommodate the toy in whatever attitude it falls. The toy shall be placed on the floor in intended use position and tipped over 3 times by pushing on the floor in intended use position and tipped over 3 times by pushing it slowly past its center of balance, and allowed to fall without restraint. For toys with legs, projected base area is determined by calculation area enclosed by straight lines connecting outermost edge of each leg of the perimeter. (Known herein as Test (A,i));

(B) Impact test for projectiles. Projectiles shall be propelled by their discharge mechanism three times into a concrete block wall (or equivalent surface) located at a distance twice the length of the projectile from the front end of the launcher. The discharge mechanism shall be aimed perpendicular to the wall. (Known herein as Test (A,ii)) The discharge mechanisms shall be drop tested according to another test, (F,i);

(C) Tumble test for wheeled toys. Wheeled toys weighing more than 3.0 pounds shall be tumbled down a flight of six steps with risers not less than seven inches high (see Figure 4). The treads may be wood, cement, or metal. The toy shall be caused to fall down the steps two times in each of four attitudes: Tumbling forwardly, tumbling rearwardly end-over-end, and tumbling from each side. The toy shall be pushed slowly over the edge of the top step in the appropriate attitude, and released as soon as it begins to fall of its own weight. The test shall be considered complete for an attitude even if the toy does not reach the bottom of the flight of steps. (Known herein as Test (A,iii));

(D) Exemptions from impact tests. The following categories are exempted from test (A,i) through test (A,iii):

(i) Toys or assembled toys having nonwheeled bases, such as gas stations and farm sets in which the base has an area greater than 175 square inches and which do not tip over when placed on a 45 degree incline in any direction. If the toy tips, then it shall be tested according to test (A,i). However, accessories, or components of these toys that are not affixed to the base structure shall conform to test (E,i) or test (F,i) or test (G,i);

(ii) Toys weighing more than ten pounds; and

(iii) Paints, chalks, and crayons. However, the containers provided for these articles shall conform to test (E,i), test (F,i), or test (G,i).

(E) Impact test for toys that cover the face. The toy shall be held firmly in a suitable clamp with that portion covering the eyes in a horizontal plane. Drop a 5/8-inch diameter steel ball weighing 0.56 ounce (tolerance plus 0.03 ounce, minus zero ounce) from a height of 50 inches upon the horizontal upper surface of the toy in the area that would cover the eyes in normal use. The ball may be guided, but not restricted, in its fall by being dropped through a perforated tube extending to within approximately 4-inches of the toy. The toy will be considered to have failed if the material cracks through its entire thickness or if any material visible to the naked eye becomes detached. (Known herein as Test (A,iv).)

(e) Special tests for certain classes of toys exempted from drop and impact tests. These tests relate to the requirements of OAR 333-016-0080:

(A) Tires, wheels, axles:

(i) The toy shall be clamped so that the wheel axle is vertical. A wire hook shaped as shown in Figure 5 shall be positioned on the lower tire and attached to a dead weight of ten pounds if the tire is on a toy intended for children aged up to 18 months, or to a dead weight of 15 pounds if the tire is on a toy intended for children aged from 18 months to 36 months and if the tire falls within the limits of ingestion hazards as defined in OAR 333-016-0080. The load shall be applied gradually and maintained for ten seconds. Test (E,iii) and (E,iv) shall also be applied. (Known as Test (B,i).);

(ii) Pull test for wheels on hubs free to rotate. The toy shall be supported or clamped with the axle in a vertical position. If the lower wheel is accessible so that all of the claws of a three-pronged claw hook can be engaged around the wheel hub or tire, then a load of 10, 15, or 20 pounds shall be applied. The load shall be 10 pounds in the case of wheels 3/4-inch or less in diameter on toys intended for children aged less than 18 months, 15 pounds in the case of wheels 3/4-inch or less in diameter on toys intended for children from 18 months but not over 96 months, and 20 pounds in the case of wheels greater than 3/4-inch in diameter. The three-pronged claw hook shall be equivalent in type to that shown in Figure 6 and described in British Standard No. 3443, Code of Safety Requirements for Children's Toys and Playthings, 1968, p. 12. The load shall be applied gradually over a five-second period and shall be maintained for ten seconds. If the wheel hub or tire is inaccessible to the three-pronged claw, then a suitable test hook shall be substituted for the three-pronged device. The hook shall be applied to the periphery, and the test shall be carried out as described above. Tests (E,iii) and E,iv) shall also be applied. (Known herein as Test (B,ii));

(iii) Pull test for wheels fixed onto axles. A schematic diagram of a device for applying torque is shown in Figure 7. A load of 20 pounds is applied. The procedure is that used in Test (B,ii). (Known herein as Test (B,iii));

(iv) Toys assembled with "snap-in" axles. A 15 pound dead weight shall be applied to the axle, adjacent to a bearing, for ten seconds, using a hook and string for attachment to the toy. The toy shall be held horizontally in a test-convenient fixture, and the load shall be applied gradually over a five second period and then shall be maintained for ten seconds. If the axle cannot be hooked as described above, the toys shall be held horizontally, and a ten pound dead weight shall be attached to one wheel by means of a hook or clamp. The load shall be applied gradually over a five-second period and then shall be maintained for ten seconds. (Known herein as Test (B,iv));

(v) Compression test for "snap-on" wheel and axle assemblies. This test is for compliance with OAR 333-016-0080(3) (b)(A) (iii) if the axle and wheel are removed by the procedure described in test (B,iv). The wheel and axle assembly shall be positioned with the axle vertical over a hole in a rigid plate as shown in Figure 8. The hole shall be large enough in diameter to permit the axle to pass through. A load of 20 pounds is applied to the upper wheel, using a suitable adaptor to prevent interference with the axle. The load shall be applied gradually over a five-second period and then shall be maintained for ten seconds. When applying the load, the upper wheel shall be guided, if necessary, in order to maintain the axle vertical, but shall not be restrained from moving downward. In those cases where the axle is forced through either wheel, the axle shall not form a hazardous point or projection. (Known herein as Test (B,v))

(B) Bending test for wires and rods. Any toy that is intended to be bent or formed and that is equipped with metal wire(s) or other metal material(s) for retention of form shall be subject to this test. The toy shall be suitably secured in a vise equipped with vise shields of 3/8-inch inside diameter as shown in Figure 9. The component containing the wire or rod shall be held not less than three inches from the clamping point. The component shall then be bent through a 60 degree arc. The component shall then be bent in the reverse direction through a 120 degree arc. A back and forth bending through the 120 degree arc shall be repeated for 30 cycles. One back and forth bending (two 120 degree arc bends) shall constitute one cycle. The test shall be conducted at the rate of one-half cycle or 120 degrees per second with a 60 second rest period occurring after each ten cycles. Apply a maximum force of 10 pounds plus or minus 0.5 pound when testing toys covered by OAR 333-016-0057 and 15 pounds plus or minus 0.5 pound when testing toys covered by OAR 333-016-0058 or 333-016-0059. Apply the force perpendicularly to the major axis of the component at a point two inches (5 centimeters) from the intersection of the component with the main body of the toy or at the end of the component if the component is less than 2 inches plus or minus 0.05 inch (5 centimeters) long. (Known herein as Test C,i));

(C) Test for removal of components from toys. The toy shall be restrained in a test-convenient clamp, and the component connected to an extensometer by a 3-pronged claw hook or other suitable means of attachment. Care shall be taken to ensure that the hook or attachment device does not compress the protective components of OAR 333-016-0080(3)(a)(C)(i) and (3)(b)(A) (iii) so that it hinders possible removal. The extensometer shall be pulled perpendicular to the joint between the component and the body of the toy. The load shall be applied gradually over a five second period and then shall be maintained for ten seconds. With regard to the push force requirement in OAR 333-016-0080, the projection, or the toy, shall be held in a test-convenient clamp. A push force of ten pounds shall be applied using an extensometer or dead weight gradually over a period of five seconds and then shall be maintained for ten seconds. (Known herein as Test (D,i));

(D) Test for mouth-actuated toys. A piston pump, such as bicycle pump, capable of discharging and taking in more than 18 cubic inches of air in less than three seconds shall be connected to the mouthpiece of the toy, and to the air outlet if applicable. The toy shall be subjected to ten alternation blowing and sucking cycles of 18 cubic inches of air. Any objects released as a result of this test shall be inspected for conformance with OAR 333-016-0080(4)(a). (Known herein as Test D,ii));

(E) Tests for thermal and fire features:

(i) Electrical toy. When tested under the conditions described in test (T,i) an electrical toy shall not attain a temperature at any point sufficiently high to constitute a fire hazard or to adversely affect any materials employed and shall not show a maximum temperature higher than those established by subparagraphs (2)(e)(E)(v) and (vi) of this rule. These maximum surface temperature requirements are not applicable to educational or hobby-type products such as lead-casting sets and wood-burning tools which are appropriately labeled on the shelf pack or package as being intended only for children over twelve years provided that the maximum surface temperature of any such toy does not exceed that reasonably required to accomplish the intended technical effect. Such toys shall be provided with specific instructions and the warning statements required by and in accordance with 333-016-0080, and shall be appropriately labeled as educational or hobby-type products;

(ii) Test conditions. (Known herein as Test (T,i)):

(I) General. Tests shall be conducted while the toy is connected to a circuit of 60-cycle-per-second (60 Hertz) current using the materials supplied with the toy or using materials otherwise intended to be used with the toy. Following such tests, the toy shall be energized for a 6-hour period to determine that no hazardous conditions would result from unattended use of the toy;

(II) Voltage. The toy shall be tested at the voltage indicated in the manufacturer's rating or at 120 volts, whichever is greater.

(iii) Temperature measurements:

(I) General. (Known herein as Test (T,ii)) Temperatures shall be measured by means of instruments utilizing thermocouples of No. 30 AWG (American Wire Gage) wire (either copper and constantan or iron and constantan) and potentiometer-type instruments that are accurate and are calibrated in accordance with current good laboratory practices. The thermocouple wire shall conform with the requirements for "special" thermocouples as listed in the table of limits of error of thermocouples (Table VIII) in "American Standard for Temperature Measurement Thermocouples, C96.1-1964", approved June 9, 1964, by American National Standards Institute, Inc. The Standard was sponsored and published by the Instrument Society of America;

(II) Test procedures. The thermocouple junction and adjacent thermocouple lead wire shall be securely held in good thermal contact with the surface of the material whose temperature thermal contact will result from securely taping or cementing the thermocouple in place. If a metal surface is involved, brazing or soldering the thermocouple to the metal may be necessary. The surface temperatures of a toy shall be measured with the toy operating in any unattended condition (e.g., with and without opening and closing doors or covers) for a sufficient period of time to allow temperatures to become constant, or, in the case of a toy with a thermostatically controlled heating element, for a sufficient period of time to determine the maximum surface temperature attained. A temperature shall be considered to be constant when three successive readings taken at 15 minute intervals indicate no change.

(iv) Heating devices. Toy ovens, casting toys, popcorn, and candy makers, and other toys requiring the insertion of any materials or substances shall be additionally tested by feeding crumpled strips of newspaper and tissue paper into or onto the toy in place of the intended materials or substances. The test strips shall be conditioned for at least 48 hours in air at a temperature of 25 degrees plus or minus four degrees C. (77 degrees plus or minus seven degrees F.) and a relative humidity of 50 percent plus or minus five percent. The test strips shall be two inches wide by eight inches long before crumpling. The crumpled paper shall occupy not more than 25 percent of the accessible volume. The performance of the toy shall be considered unacceptable if flaming occurs within a 60 minute period following the attainment of normal operating temperatures. If a light bulb is used for heating purposes, the test shall be conducted using the largest wattage bulb that can be easily inserted into the socket;

(v) Maximum acceptable surface temperatures. The maximum acceptable surface temperatures for electrically operated toys is set out in Table 1;

(vi) Maximum acceptable material temperatures. The maximum acceptable material temperatures for electrically operated toys is set out in Table 2. (Classes 105, 130, A and B are from "Motors and Generators", Standard MG-1-1967 published by the National Electrical Manufacturer's Association.)

(3) Definitions. As used in this rule and in OAR 333-016-0057, 333-016-0058, and 333-016-0059:

(a) "Accessible" -- Accessible refers to any portion of a toy that can be contacted by a probe of the approximate shape and size of a child's finger. The insertion length and diameter of the probe shall be as specified below: Dimensions of probes for defining accessibility:

(A) Age 0 - 24 months (inclusive): Insertion length of probe -- 2 inches; Diameter of probe -- 1/4 inch;

(B) Age 25 - 60 months (inclusive): Insertion length of probe -- 2-1/2 inches; Diameter of probe -- 1/4 inch;

(C) Age 61 - 168 months (inclusive): Insertion length of probe -- 3 inches; Diameter of probe -- 1/4 inch.

NOTE: Age -- Refers to the whole time of a beings existence since birth and may be expressed in either months or in years. When years are indicated, it means that the attained age in months is at least 12 times the numerical value indicated.

(b) "Curled Edge" -- A curled edge is one in which the portion of the sheet adjacent to the edge is bent into an arc and forms an angle of less than 90 degrees with the base sheet as shown in Figure 10;

(c) "Discharge Mechanism" -- A discharge mechanism is a system for releasing and propelling a projectile in a direction determined by the operator of the toy;

(d) "Edge, Hazardous" -- A hazardous edge is defined as an edge that can cut a child's skin during normal use or reasonably foreseeable abuse of a toy. Such an edge is subjectively judged as hazardous if it appears sharp to the casual observer;

(e) "Elastic" -- An elastic material is defined as one which will not break and will, essentially, instantaneously recover its former size and shape after being elongated at least ten percent at a testing speed of not less than 20 inches per minute;

(f) "Fabric" -- Any material, woven, knitted, fitted, or otherwise produced from or in combination with any natural or synthetic fiber;

(g) "Feathering" -- Feathering is a beveling of an edge (or decrease in thickness moving toward the edge) caused during shearing or cutting of sheet metal;

(h) "Flash" -- Flash is excess material which escapes between the mating parts of a mold assembly;

(i) "Folding Mechanisms" -- Folding mechanisms are those have an assembly of hinged, pivoted, or sliding members that can produce a scissor or shear action during the operation of the mechanisms;

(j) "Hazard" -- A hazard is defined as any characteristic of a toy that presents an unreasonable risk of injury or illness during normal use or as a result of reasonably foreseeable abuse;

(k) "Hemmed Edge" -- A hemmed edge is one in which the portion of the sheet adjacent to the edge is folded back on the sheet itself through an angle of approximately parallel to the main sheet, as shown in Figure 11;

(l) "Hinge Line Clearance" -- The hinge line clearance is the clearance between the stationary portion of the toy and the movable portion along, or adjacent to, a line projected through the axis of rotation. Figure 12 illustrates the hinge line clearance, using a box with a lid as an example;

(m) "Impulsive Noise" -- An impulsive noise is one in which the variations in noise level involve maxima at intervals of greater than one second;

(n) "Lap Joint" -- A lap joint is one in which an edge overlaps a parallel surface but is not necessarily mechanically attached to it at all points along the length. Typical lap joints are shown in Figure 13;

(o) "Normal Use" -- Normal use of a toy is defined as those play modes which conform to the instructions that accompany the toy, or which have been established by tradition or custom;

(p) "Point, Hazardous" -- A hazardous point is one that can puncture or lacerate a child's skin during normal use or reasonably foreseeable abuse. Such a point is subjectively judged as hazardous if it appears sharp to the casual observer;

(q) "Projectile" -- A projectile is an unrestrained object propelled by means of a discharge mechanism that is capable of storing and releasing energy under the control of the operator;

(r) "Projection, Hazardous" -- A hazardous projection is one that, because of its material and configuration, appears to the casual observer to present a puncture hazard if a child should fall onto it;

(s) "Protective Cap or Cover" -- A protective cap or cover is a component that is attached to a potentially hazardous edge or projection to reduce the possibility of injury;

(t) "Protective Tip" -- A protective tip is a component that is attached to the impacting end of a projectile to minimize injury if it should impact on the body. A protective tip may perform other functions such as the prevention of damage to the projectile on striking a target, providing a means of attaching the projectile to the target as in the case of suction cups, or the prevention of damage to inanimate objects;

(u) "Reasonably Foreseeable Abuse" -- Reasonably foreseeable abuse is defined as conditions to which a child may subject a toy that is not normal use conditions. Examples of abuse would result from:

(A) Curiosity, such as deliberate disassembly;

(B) Lack of physical coordination or manual dexterity, such as dropping; and

(C) Use for a purpose for which the toy is not intended, such as use of a toy football helmet as if it were a real protective device.

(v) "Rigid" -- Rigid refers to any material that has a Young's modulus in tension of greater than 100,000 psi;

(w) "Rolled Edge" -- Rolled edge is one in which the portion of the sheet adjacent to the edge is bent into an arc and forms an angle between 90 degrees and 120 degrees with the main sheet, as shown in Figure 14;

(x) "Toy":

(A) "Toy" means any toy, game, pacifier, or other article designed, labeled, advertised, or otherwise intended for use by children;

(B) "Mouth toy" means any toy reasonably intended to be placed into or in contact with a child's mouth.

(4) Prior to testing, each sample shall be subjected to a temperature of 73 degrees plus or minus three degrees F. (23 degrees plus or minus two degrees C.) at a relative humidity of 20 - 70 percent for a period of at least four hours. The toy testing shall commence within five minutes after the toy has been removed from the preconditioning atmosphere.

(5) Toys reasonably intended to be assembled by an adult and not intended to be taken apart by a child shall be tested only in the assembled state if the shelf package and the assembly instruction prominently indicate that the article is to be assembled only by an adult.

(6) Toys intended to be repeatedly assembled and taken apart shall have the individual pieces as well as the completed article subjected to these test procedures.

(7) In situations where a test procedure may be applied in more than one way to a toy test component, the point (or direction) of force (or torque) application which results in the most severe conditions shall be used.

Or. Admin. Code § 333-016-0056

HD 40, f. 8-2-73, ef. 8-15-73; HD 89, f. 7-31-75, ef. 8-25-75

The Table(s), and Figure(s) referenced in this rule are not printed in the OAR Compilation. Copies are available from theagency.

Publications: The publication(s) referred to or incorporated in this rule are available from theagency.

Stat. Auth.: ORS 453.095

Stats. Implemented: ORS 453.005 & 453.055