URGENT: Big Changes for Stuffed Toys in Pennsylvania

If you manufacture or import stuffed toys for sale in Pennsylvania, the state has implemented major changes to stuffed toy submissions and stuffed toy labeling.

Read on to learn about the updated PA Stuffed Toy Manufacturing Act and what you need to do to comply.

Applying for a New Toy URN in Pennsylvania

Under the updated Act, Pennsylvania now requires more information from manufacturers during new stuffed toy submission. 

For all new stuffed toy applications postmarked on or after August 27, 2024, Pennsylvania requires:

• Product sample
• Completed application form
• Notarized Affidavit
• *Flammability and Tolerance Lab Report
• Application fee

If your application does not contain all of the information listed above, Pennsylvania will reach out to obtain the necessary documentation.

New Requirement: Manufacturer Attestation

Pennsylvania now requires an attestation that no child labor, forced labor, or slave labor was used at any point in the process of manufacturing stuffed toy products.

This is simply a new checkbox on the Pennsylvania application. No further documentation is necessary.

New Required Document: Flammability and Tolerance Lab Report

Pennsylvania now also requires a Flammability and Tolerance Lab Report to be submitted alongside the application form. 

The report must show that the product meets the safety standards outlined in Sections §47.317, §47.321 and §47.322 of the Stuffed Toy Regulations. The report must either come from a Consumer Product Safety Commission (CPSC) certified testing lab, or a U.S.-based testing lab. 

It’s important to note that Pennsylvania’s tolerances are much stricter than the tolerance at the federal level, so simply passing a current CPSC federal test does not mean that your stuffed toy will pass Pennsylvania’s requirements.

We highly suggest pausing stuffed toy submissions in Pennsylvania until more information is known. The state is currently rejecting applications that do not comply with the updated Act, and will charge additional application fees for each resubmission. 

For more detailed information, read our key takeaways below.

One Big Change for Companies With an Existing PA URN

There’s also big news for companies that already hold a valid PA license, as well. 

While this has always been a requirement in Pennsylvania, the state will begin enforcing their policy that requires companies to submit a new sample for toys that differ from the original or prior submission. The new samples must be approved and submitted with an additional application fee.

When Do I Need to Submit a New Application?

If you already have a PA Stuffed Toy Registration Number and believe you might need to submit another toy to the state, ask yourself the following question:

Is the toy exactly the same as the previously approved sample?

• Yes — No additional action is needed.
• No, the toy is altered — If you have made changes to the previously approved toy (for example, changing its filling materials, or a choking hazard has been identified through customer complaints or additional testing), you must resubmit the required information listed below.
• No, the toy is completely new — If the toy is completely different from the previously approved sample, you must submit the required information listed below.

For all stuffed toy applications with an existing PA Registration Number postmarked on or after August 27, 2024, Pennsylvania requires:

• Product sample within 15 days of manufacture
• Completed application form
• Notarized Affidavit
• *Flammability and Tolerance Lab Report
• Copy of valid PA license
• Application fee

Once the application is approved, you can use your existing PA Registration Number on the new/altered toy.

Changes to Recycled Toy Labeling

Pennsylvania now allows stuffed toys to be made with recycled filling materials. The state will require these types of products to note the use of recycled materials on the label.

If the stuffed toy contains recycled materials, the label cannot state “All New Material.” Importantly, this contradicts the requirements of Ohio and Massachusetts which require that recycled material be called “All New Material” if undergoing melting and re-extrusion.

Originally Pennsylvania suggested a two-label solution, where a stuffed toy with recycled fill would have a PA-specific "Recycled" label with the PA URN as well as an OH/MA "All New Material" label with the OH/MA URN. However, we received word from Ohio that they will not accept this approach.

Thus, there is currently no way to label recycled materials that would allow one uniform law label in PA, OH, and MA. GRS is conferring with state officials and will reach out with details.

When Does Enforcement Begin?

Enforcement of PA’s Act began on August 27, 2024. All applications submitted without the most current application forms and flammability and tolerance testing will be rejected.

Pennsylvania intends to give companies 6 months to correct their products. During this time they will only issue warnings — but after that point they will issue violations for non-compliant products and labels.

Two common reasons that products will be found non-compliant are:

• The toy is different than the sample that was submitted to the state
• The package says the toy contains recycled material, but the product label fails to mention the recycled materials explicitly

What Does This Mean for GRS Customers?

GRS is taking a slow and steady approach to PA’s updated Act. The state is already rejecting applications that do not comply with the latest requirements, and are requiring additional application fees for resubmissions.

To save our customers money, time and stress, GRS will pause toy applications until we ensure that every application can comply with PA’s requirements and avoid rejections.

Rest assured that we will also be working closely with our partnered retailers to ensure that they are both updated and their requirements are met/updated to reflect the PA requirements. 

GRS is already deliberating with PA, test labs and other organizations to see how we can best meet the new laws. Once we receive clarification, we will update our internal processes. 

Our priority remains to obtain quick registrations for our customers and limit their liability in the stuffed article marketplace. Any updates we receive from PA will be added into this blog as updates and distributed to our stakeholders.

Moving forward, GRS is working to streamline the application process for stuffed toys in Pennsylvania. We will address this in greater detail in a future blog post, along with updates on PA’s online system.

Flammability and Tolerance Lab Report

GRS is working with CPSC-certified and other U.S.-based testing labs to meet PA’s requirements. We recognize that the point of testing for filled toys and other stuffed articles often occurs after the URN is acquired. Therefore, once we have identified a compliant testing process, we will update this blog.

New Labeling Requirements

Since Ohio will not accept PA's suggested two-label solution for stuffed toys with recycled fill, GRS is working with the states to determine a path forward. We will update this blog with more information when we have it.

Have Questions?

If you have questions or concerns about Pennsylvania’s updated act and what it means for your stuffed toy business, we can help! You can either email GRS or email Pennsylvania directly for answers.

You can learn more about Pennsylvania’s requirements and view FAQs here.