Toy Safety Education Program Helps Professionals Navigate State Rules & Regulations

November 21, 2023 | As The Toy Association™ educates consumers on toy safety this November during Toy Safety Awareness Month, it is also reminding manufacturers that resources are available to them through the newest edition of the Toy Safety Education Program, which provides a comprehensive understanding of the most up-to-date state, federal, and international laws and regulations impacting the toy industry. Toy News Tuesday editors caught up with Erin Raden, The Toy Association’s senior director of state government affairs, about key insights participants will take away from the state portion of the education program.

How does the Toy Safety Education Program equip participants to stay updated on evolving state laws and regulations regarding children's products?

State laws are always evolving, often more quickly than federal or international regulations. The Toy Safety Education Program provides members with an introduction to the current landscape and can help give individuals new to the industry – or anyone looking for a comprehensive understanding — a foundation in state laws and regulations. Participants will gain knowledge of state laws as they relate to children’s products, from chemical regulation and packaging to children’s privacy laws and electronic waste management. For those who are interested in getting more involved, we encourage members to participate in our State Government Affairs Committee (SGAC) to get real-time updates on developments in all 50 states. (Editor’s note: Anyone interested in joining the SGAC, or any of The Toy Associations’ advocacy committees, may contact Ed Desmond.)

How can businesses streamline their compliance efforts without compromising on safety standards?

The landscape for state compliance is much more diverse and complicated than those at the federal level. Some states have layered on additional requirements for products sold in their states, in addition to federal laws in the U.S. Sometimes state regulations even compete with established federal laws, as in the case of Oregon’s Toxic-Free Kids Act, which is currently pending litigation because it directly conflicts with federal government’s uniform system of chemical identification and testing.

All that said, the best ways to streamline compliance is to stay on top of all these additional requirements by taking advantage of The Toy Association’s free resources to members: join the SGAC, attend our safety seminar at Toy Fair, read our bi-weekly Advocacy Update newsletter, and reach out to own global government & regulatory affairs team directly with your technical questions.

How do federal laws interact with and complement state laws when it comes to regulating children's products?

The U.S. risk-based standards, aka ASTM F963, are widely recognized and used as models around the globe. These federal requirements serve as a base that many states choose to build upon, often with a goal of improving environmental sustainability. Unfortunately, it is not uncommon for states to stray away from risk-based standards to hazard-based standards, such as additional chemical regulations, that often don’t actually increase toy safety. The Global Government and Regulatory Affairs (GGR&A) team advocates for our members on regulations that impact our members’ businesses all year long, and one of our main priorities is to work across states to improve consistency of regulations.

What new state legislation do you expect to see coming up next session?

In 2024, The Toy Association’s state government affairs staff expects to review and analyze approximately 400 pieces of state legislation, and possibly local government legislation, which may impact the toy industry. We will prioritize and respond, or engage in advocacy, based on input from the Toy Association’s SGAC. Specific threats include: extended producer responsibility (EPR) legislation in Washington, Hawaii, Illinois, and Connecticut; PFAS legislation in Vermont, Connecticut, and California; textile EPR, microplastics legislation, and warehouse restrictions in California; and the expansion of chemical reporting requirements in Vermont.

The Toy Safety Education Program is free for Toy Association members and $495 for non-members. Click here to access the program.

Toy Safety Awareness Month will continue through the end of November; any individual or company that wishes to be an advocate for safe play is encouraged to get involved. The Toy Association’s safety content can be shared using #ToySafetyAwarenessMonth and #PlaySafe. Be sure to follow the latest updates on LinkedIn, Facebook, and X.