ATCP 139.04 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; cr. (10), Register, February, 1986, No. 362, eff. 3-1-86; emerg. cr. (11), eff. 10-9-96, cr. (11), Register, June, 1997, No 498, eff. 7-1-98; CR 09-002: r. and recr. (title) and (intro.), am. (6), cr. (12) Register August 2009 No. 644, eff. 9-1-09.

ATCP 139.05 ATCP 139.05 Children’s products; general.

ATCP 139.05(1) (1) Electrically operated toys intended for use by children and powered by household current, shall be considered as hazardous substances subject to labeling requirements under s. 100.37 (1), Stats., to include directions for use for the protection of children from electrical, mechanical or thermal hazards.

ATCP 139.05(2) (2) Toys or other articles intended for use by children which, under reasonable and foreseeable conditions of use or abuse by children in the age group for which they were designed or intended, may cause personal injury or illness through electrical shock, fire, burns, bodily cuts, punctures or wounds, or which otherwise present an unreasonable risk of harm or injury because of electrical, mechanical or thermal hazards associated with their construction, design or use shall, for purposes of s. 100.37 (2) (e) and (5), Stats., be considered hazardous substances and subject to holding order and summary ban procedures.

ATCP 139.05 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; emerg. cr. (4), eff. 5-24-93; cr. (4), Register, May, 1994, No. 461, eff. 6-1-94; renum. ATCP 139.05 (3) (intro.) to (e) to be ATCP 139.055 (intro.) to (5), Register, August, 1999, No. 524, eff. 9-1-99; CR 09-002: r. and recr. (title), r. (4) Register August 2009 No. 644, eff. 9-1-09..

ATCP 139.055 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.:

ATCP 139.055(1) (1) Toy rattles that are banned under 16 CFR 1500.18(a)(1).

ATCP 139.055 Note 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.

ATCP 139.055(2) (2) Toys that are banned under 16 CFR 1500.18(a)(2).

ATCP 139.055 Note 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.

ATCP 139.055(3) (3) Dolls, stuffed animals or similar toys that are banned under 16 CFR 1500.18(a)(3).

ATCP 139.055 Note 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.

ATCP 139.055(4) (4) Lawn darts and similar sharp-pointed toys that are banned under 16 CFR 1500.18(a)(4).

ATCP 139.055 Note 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.

ATCP 139.055(5) (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).

ATCP 139.055 Note 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.

ATCP 139.055 Note 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 [phone], website www.astm.org.

ATCP 139.055(6) (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.

ATCP 139.055(7) (7) Children’s clothing, sizes 0 to 16, with drawstrings in the neck area.

ATCP 139.055(8) (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:

ATCP 139.055(8)(a) (a) Not more than 3 inches of any drawstring is outside the drawstring channel when the garment is expanded to its fullest width.

ATCP 139.055(8)(b) (b) There is no toggle, knot or other attachment at the free end of any drawstring.

ATCP 139.055(8)(c) (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.

ATCP 139.055(9) (9) Children’s products that contain elemental mercury.

ATCP 139.055(10) (10) Children’s products which contain magnets that do not comply with the mandatory toy safety standards adopted under 15 USC 2056b.

ATCP 139.055 Note Note: 15 USC 2056b 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.

ATCP 139.055(11) (11) Baby cribs and related enclosures that are banned under 16 CFR 1500.18(13) or (14).

ATCP 139.055 Note 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.

ATCP 139.055(12) (12) Yo-yo elastic tether toys that do not comply with the mandatory toy safety standards adopted under 15 USC 2056b.