CPSC toy safety standard part 1250.

The base requirement

Section 1250.1 says "This part establishes a consumer product safety standard for toys." Section 1250.2(a): "Each toy must comply with all applicable provisions of ASTM F963-23 (incorporated by reference, see 1250.10)." ASTM F963-23, Standard Consumer Safety Specification for Toy Safety, was approved on August 1, 2023. Paragraph (b) removes certain content from the mandatory standard: "section 4.2 and Annex 5 or any provision of ASTM F963 that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute or any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration are not part of the mandatory standard." In plain terms, where F963 repeats another federal rule, the other rule governs. The ASTM text is not reproduced in the CFR or on this page.

Two other parts point here. Part 1262 exempts "toys that are subject to 16 CFR part 1250" from the magnet standard, and part 1263 exempts a plaything for children under 14 that complies with the battery accessibility and labeling requirements of part 1250. Sections 1250.4 and 1250.5 were added by rulemakings published December 12 and December 15, 2025 (90 FR 57855, 90 FR 58134).

Water bead toys: scope and definitions

Section 1250.4(a) states that it "establishes performance and labeling requirements for water bead toys and toys containing water beads to minimize the risk of children ingesting, inserting, aspirating, and choking on water bead toys," in addition to 1250.2. A water bead is "a various shaped liquid absorbent polymer, composed of materials such as, but not limited to, polyacrylamide and polyacrylate, which expands when soaked in liquid." The section defines four hazards: aspiration (inhaling a bead into the respiratory tract), choking (attempting to swallow it so it lodges in the throat), ingestion (swallowing it so it lodges in the digestive tract) and insertion (putting it in the ear canal or nasal passage).

Water bead size test

Beads that fit entirely inside the small parts cylinder (16 CFR 1501.4) in their dehydrated state must, after expansion, "remain whole while completely passing through the funnel test gauge ... or sieve test gauge ... under its own weight." The procedure conditions the bead at 20 plus or minus 5 degrees C and 40 to 65 percent relative humidity for at least seven hours, then submerges it in deionized water at 37 plus or minus 2 degrees C without agitation for 72 hours, measuring dimensions at 6, 24, 48 and 72 hours. The expansion that is greatest is the one tested. A partially expanded bead is dehydrated for 120 hours first. The gauges are specified as polytetrafluorethylene (PTFE).

Water bead acrylamide limit

Under 1250.4(c)(2), water beads "shall not have more than 325 micrograms acrylamide extractable from 100 small water beads (defined as <4 mm in all dimensions of the bead prior to hydration) or from one large water bead (defined as ≥4 mm in any dimension of the bead prior to hydration)." Beads are placed in pH-neutralized deionized water in a shaker bath at 37 degrees C and 30 revolutions per minute for 24 hours, in three trials (three large beads singly, or three lots of 100 small beads), with the extraction container sized so all beads stay covered. The remaining water volume is measured and the extracted mass determined by an instrument that can quantify acrylamide at the limit or below. The checker compares a result with 325.

Water bead labeling

Water bead toys, their packaging, and the container of water beads if provided must include the safety alert symbol, signal word and word message shown in figure 4. Products with contained water beads, such as water-bead-filled balls, use figure 5, and products without packaging need a hangtag or sticker with the full warnings on each item, even if sold in a bin. Warnings are in English at a minimum, conspicuous and permanent on the principal display panel, in contrasting color, sans serif, in black on white or white on black, with certain message text in bold capitals. The safety alert symbol and "WARNING" must be at least 1/8 inch (3.2 mm) high and other upper-case text at least 1/16 inch (1.6 mm). Instructions repeat the same warnings without needing color.

Neck floats: definition and what counts

A neck float is "an article, whether inflatable or not, that encircles the neck, supports the weight of the child by being secured around the neck ... is used as an instrument of play in water environments including sinks, baths, paddling pools, and swimming pools, and is intended for use by children up to and including 4 years of age." The section adds requirements to 1250.1 and 1250.2 "to reduce the risk of children drowning while using a neck float."

Neck float performance requirements

Buoyancy: a neck float must show "a minimum upward buoyancy equal to or greater than 30 percent the expected weight capacity of the neck float," and inherently buoyant components may lose no more than 5 percent of initial buoyancy. The test cage weight is 1.1 times the expected weight capacity, which is the greater of the manufacturer’s maximum capacity and the Table 1 weight for the recommended age: 17.0 lb (0 to 3 months), 21.0 (4 to 6), 23.4 (7 to 9), 25.4 (10 to 12), 38.8 (1 up to 2 years), 51.2 (2 up to 3 years), 52.3 (3 up to 4 years). Conditioning includes thermal conditioning, a chlorinated saltwater bath (32 g of sodium chloride per liter with 2 ppm chlorine at pH 7.0 to 7.8, for 8 hours in darkness) and reduced-duration ultraviolet exposure.

Restraint systems must have "either a double-action release system that requires two distinct, but simultaneous actions to release, or a single-action release system that requires a minimum of 50 N to release." The neck opening must not admit a specified head probe (A to D by age range). The probe is weighted (for example 3.3 lb with a 3.4 lb hanging weight for the 0 to 3 month probe) and the hanging weight is swung through ten 30-second cycles, alternating front-to-back and side-to-side. Neck floats and packaging also carry the figure 2 warning. Manufacturers and importers could not make or import non-complying neck floats between December 15, 2025 and June 15, 2026 at more than 105 percent of their base-period rate, based on average monthly volume in the 13 months before December 15, 2025.

Worked example

A neck float is recommended for infants of 5 months. Table 1 gives 21.0 lb for 4 to 6 months; with no higher manufacturer capacity, the expected weight capacity is 21.0 lb, so the minimum upward buoyancy is 6.3 lb and the test cage is 23.1 lb. If the manufacturer rates the float for 30 lb, capacity becomes 30 lb (the greater), minimum buoyancy 9.0 lb and cage 33.0 lb. For water beads, a lab reports 210 micrograms from 100 small beads: that is not more than 325, so the acrylamide limit is met; 340 micrograms would not be.

Limits of this page

The checker handles two calculations. It does not run the water bead gauge tests, the neck opening test or the restraint release test, and it does not reproduce the warning figures. It does not apply ASTM F963-23, which is the main toy standard and is incorporated by reference. The text read does not state an application date for 1250.4 or 1250.5 beyond the publication details and the stockpiling window; check the Federal Register notices before relying on any date.

Sources

Sources opened and read November 2, 2026.

• eCFR: 16 CFR part 1250, safety standard for toys (current through October 29, 2026) (read November 2, 2026)
• eCFR: 16 CFR part 1262, safety standard for magnets (current through October 29, 2026) (read November 2, 2026)
• eCFR: 16 CFR part 1263, safety standard for button cell or coin batteries and consumer products containing such batteries (current through October 29, 2026) (read November 2, 2026)