Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.055 - Banned children's products

Current through June 24, 2024
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).
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.
(2) Toys that are banned under
				16
				CFR 1500.18(a)(2).
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.
(3) Dolls, stuffed animals or similar toys
				that are banned under
				16
				CFR 1500.18(a)(3).
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.
(4) Lawn darts and
				similar sharp-pointed toys that are banned under
				16
				CFR 1500.18(a)(4).
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.
(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).
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.
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
				  610-832-9585, website
www.astm.org
.
(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.