Section 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).

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

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

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

(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).

(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 2056b .

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

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

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

History: 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.

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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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 . Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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 potential strangulation hazards. Microsoft Windows NT 6.1.7601 Service Pack 1 15 USC 1278a 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. Microsoft Windows NT 6.1.7601 Service Pack 1