Wis. Admin. Code ATCP § ATCP 139.055

Current through November 25, 2024

Section ATCP 139.055 - Banned children's products

The following children's products, which present a serious and unreasonable hazard to child health and safety that cannot be adequately cured by product labeling, are banned from sale or distribution in this state pursuant to s. 100.37(2) or 100.42(2), Stats., or both ss. 100.37(2) and 100.42(2), Stats.:

(1) Toy rattles that are banned under 16 CFR 1500.18(a)(1).

Note: 16 CFR 1500.18(a)(1) bans toy rattles that contain internal or external rigid wires, sharp protrusions, or loose small objects that may cause laceration, puncture wound, aspiration, ingestion or other injury.

(2) Toys that are banned under 16 CFR 1500.18(a)(2).

Note: 16 CFR 1500.18(a)(2) bans toys that have noise-making components which may be dislodged by the operation of the toy or deliberately removed by a child, and which may cause laceration, puncture wound, aspiration, ingestion or other injury.

(3) Dolls, stuffed animals or similar toys that are banned under 16 CFR 1500.18(a)(3).

Note: 16 CFR 1500.18(a)(3) bans dolls, stuffed animals or similar toys that have internal or external components which may cause laceration, puncture wound injury, or other injury.

(4) Lawn darts and similar sharp-pointed toys that are banned under 16 CFR 1500.18(a)(4).

Note: 16 CFR 1500.18(a)(4) bans lawn darts and similar sharp-pointed toys that are usually intended for outdoor use, and which may cause puncture wound injury.

(5) Infant walkers that are banned under 16 CFR 1500.18(6), or that fail to comply with the stair-fall protection standard in the "Standard Consumer Safety Specification for Infant Walkers," ASTM F977-07, published by ASTM International (2007).

Note: 16 CFR 1500.18(6) bans infant walkers which have exposed parts capable of amputating, crushing, lacerating, fracturing, bruising, or causing hematomas or other injuries to fingers, toes, or other parts of a young child's anatomy.

Copies of ASTM 977-07 are on file with the department and the legislative reference bureau. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, telephone 610-832-9585, website www.astm.org.

(6) Children's bicycle helmets, manufactured or imported into the United States after March 10, 1999, that do not meet the federal bicycle helmet safety standard under 16 CFR 1203.

(7) Children's clothing, sizes 0 to 16, with drawstrings in the neck area.

(8) Children's upper outerwear, sizes 0 to 16, with a drawstring at the waist or bottom of the garment, unless all the following apply:

(a) Not more than 3 inches of any drawstring is outside the drawstring channel when the garment is expanded to its fullest width.

(b) There is no toggle, knot or other attachment at the free end of any drawstring.

(c) Every drawstring is sewn to the garment at the midpoint of the drawstring channel so the drawstring cannot be pulled out of the channel.

(9) Children's products that contain elemental mercury.

(10) Children's products which contain magnets that do not comply with the mandatory toy safety standards adopted under 15 USC 2056 b.

Note: 15 USC 2056 b adopts the standards established by the "Standard Consumer Safety Specification for Toy Safety," published by ASTM International. The standards are intended to address ingestion hazards in addition to other safety hazards associated with magnets. The standards do not apply to toys in which the magnets are used only as internal components of motors, relays, speakers or other electrical components, provided that magnetism is not part of the play pattern of the toy.

(11) Baby cribs and related enclosures that are banned under 16 CFR 1500.18(13) or (14).

Note: 16 CFR 1500.18(13) and 16 CFR 1500.18(14) ban full-size and non-full size baby cribs that do not meet federal standards intended to reduce the risk of injury.

(12) Yo-yo elastic tether toys that do not comply with the mandatory toy safety standards adopted under 15 USC 2056 b.

Note: 15 USC 2056 b adopts the standards established by the "Standard Consumer Safety Specification for Toy Safety," published by ASTM International. The standards are intended to address potential strangulation hazards.

(13) Children's products, containing lead, which are banned hazardous substances under 15 USC 1278 a.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 139.055

Renum. from ATCP 139.05(3) (intro.) to (e), cr. (6) to (8), Register, August, 1999, No. 524, eff. 9-1-99, except (7) and (8), eff. 1-1-00; CR 09-002: r. and recr. Register August 2009 No. 644, eff. 9-1-09.

15 USC 1278 a treats as a banned hazardous substance any children's product that contains more lead than 600 parts per million beginning 180 days after August 14, 2008, 300 parts per million beginning on the date that is one year after August 14, 2008, and 100 parts per million beginning on the date that is 3 years after August 14, 2008.