The US Consumer Product Safety Commission (CPSC) has announced the enforcement discretion for projectile toys with stored energy based from the letter sent by the Toy Industry Association.
TIA expressed that a drafting error was made on the development of ASTM F963-16 particular to projectile toys with stored energy. TIA, in its letter, stated “[t]he intention was that this requirement only be applied to projectiles with a kinetic energy (“KE”) exceeding 0.08 joules .… However, through an administrative oversight … this phrase was inadvertently omitted.”
CPSC is announcing that CPSC staff will exercise its enforcement discretion with respect to § 188.8.131.52 by applying the KED requirements only to projectiles with energies greater than 0.08 J only.
The enforcement discretion is effective immediately as enforcement of ASTM F963-16 began on April 30, 2017.