TOY SAFETY

Municipal Code of Chicago tit. 7, ch. 7-36

in effect

Municipal Code of Chicago § 7-36-010 Hazardous substances.

7-36-010 Hazardous substances. No toy or other article intended for use by children (or an article packaged in a form suitable for use by children) may be sold, offered for sale, or given away without compensation, that is a hazardous substance or that bears or contains hazardous substance or economic poison (in such a manner as to be susceptible of access by a child to whom such article is entrusted) within the meaning of Section 2(f) (1) of the Federal Hazardous Substances Act (15 U.S.C. 1261 (f) (1)), and the regulations promulgated pursuant thereto unless specifically exempted by such law or regulations. A hazardous substance is a substance or mixture of substances which is (1) toxic, corrosive, an irritant, a strong sensitizer, flammable, combustible, radioactive, or which generates pressure through heat, decomposition, or other means, or which may cause substantial personal injury or substantial illness during or as a proximate result of any foreseeable handling or use, including reasonable foreseeable ingestion by children, or (2) an article that may present an electrical, mechanical, or thermal hazard as may be determined pursuant to the aforementioned federal law or regulation. (Prior code § 100.1-1)

Municipal Code of Chicago § 7-36-020 Construction.

7-36-020 Construction. (a) No toy may be sold or offered for sale, or given away without compensation, which has any corners, rims, edges, points, or other surfaces capable of inflicting a puncture wound or laceration, unless such corners, rims, edges, points, or other surfaces have a minimum radius of curvature of .005 inches. (b) Sheet metal parts less than .015 inch thick must have the edges rolled or otherwise protected if the edges are exposed (a) during assembly by the purchaser, (b) in use, or (c) as a result of reasonably foreseeable use or misuse. (c) The accessible portions of metal toys of heavier gauge shall be deburred or deflashed or the edges suitably protected. (d) Accessible portions of plastic toys shall be suitably deburred or deflashed or the edges suitably protected. Sections should be designed so as to avoid generation of sharp edges during reasonably foreseeable use or misuse. (e) Wooden toys shall have accessible edges suitably finished. (f) Toys which contain wires that are likely to become exposed in use or reasonably foreseeable use or misuse, shall be constructed so that the wire ends shall be turned back or otherwise protected. (g) Rigid shafts or similar projections shall have a protective tip which will withstand a pulling force of ten pounds, unless the shaft or projection has a one- fourth inch. Threaded bolts shall be protected with caps if they are accessible. (h) Folding mechanisms, brackets, arms and braces shall embody a safety stop to afford protection for the fingers against crushing in the event of sudden or unexpected movement. (i) Hinges shall operate without producing an accessible gap of greater than one-eighth inch between the hinged portion and the body of the toy. (j) Chains shall be designed so that fingers cannot be trapped between adjacent links if the chain is a load-bearing component. (k) All mechanical mechanisms including, but not limited to electrically driven toys, shall be enclosed to prevent access to moving parts in toys intended for children under the age of six years. (l) Any wheeled toy intended to bear the weight of a child, or that is likely to be used as an informal seat, shall be properly balanced so that it shall not tip on an incline of 15 degrees in any direction with a simulated child's weight applied. (m) Toys that form enclosures shall have permanent holes in two or more sides and shall not be fitted with self-locking doors. All head-enclosed toys shall be made from rigid plastic and provided with a minimum of four ventilation holes. (Prior code § 100.1-2)

Municipal Code of Chicago § 7-36-030 Minimum sizes.

7-36-030 Minimum sizes. (a) No toy may be sold or offered for sale, or given away without compensation that contains any parts, pieces, or components that measure less than one and one-half inches in any two dimensions and are reasonably likely to be ingested by children or would under normal use be subjected to ingestion by children, or present a potential hazard in ingestion to children. (b) Any toy intended for the use by children under the age of two years which contains eyes or other components falling within the size specifications for ingestible objects as defined in paragraph (a), shall either be attached so that they cannot be gripped by fingers or teeth, or shall withstand removal when subjected to a 10-pound pull. If retained by stitching, then the thread shall be wear-resistant. (Prior code § 100.1-3)

Municipal Code of Chicago § 7-36-040 Electrical code conformity.

7-36-040 Electrical code conformity. (a) No toy may be sold, offered for sale or given away without compensation which does not conform with the relevant provisions of the electrical code sections of the Municipal Code of the City of Chicago. (Prior code § 100.1-4)

Municipal Code of Chicago § 7-36-050 Angle of rotation.

7-36-050 Angle of rotation. (a) No toy may be sold, offered for sale, or given away without compensation that provides for an angle of rotation of greater than ten degrees from stationary in greater than one plane, if that part of the toy that is designed for the user to sit or stand on or upon is suspended from a perpendicular base or holding. (Prior code § 100.1-5)

Municipal Code of Chicago § 7-36-060 Dangerous coatings.

7-36-060 Dangerous coatings. (a) A toy shall not, whether wholly or in part be made of or impregnated with cellulose nitrate. This regulation shall not apply to a ball of the kind used for ping-pong or table tennis. (b) A toy shall not have any coating of paint which contains lead or any compound of lead on a dried-weight basis of more than 0.06 percent of the total weight. (c) A toy shall not have any coating of paint which contains arsenic, soluble antimony, cadmium, mercury, chromium, barium, selenium, or any soluble compound of any of the aforementioned elements on a dried-weight basis of more than 0.05 percent of the total weight. The expression "soluble" in relation to an element or compound means capable of being dissolved by the method described by the National Bureau of Standards. (d) For the purposes of this ordinance, "paint" includes lacquer, varnish and other similar substances. (Prior code § 100.1-6)

Municipal Code of Chicago § 7-36-070 Noise restrictions.

7-36-070 Noise restrictions. (a) No toy may be sold or offered for sale, or given away without compensation, which produces noise on a continuous basis exceeding 85 decibels on the A scale, slow mode of operation, as measured one foot distance from said toy; no form of toy gun, rifle, or other such device which produces noise on an impulse or explosive basis exceeding 100 decibels as measured on the A scale, fast mode of operation as measured one foot distance from said toy gun or other explosive device. (Prior code § 100.1-7)

Municipal Code of Chicago § 7-36-080 Enforcement.

7-36-080 Enforcement. (a) This chapter shall be enforced by the commissioner of business affairs and consumer protection who will promulgate certain rules and regulations for the enforcement thereof. (Prior code § 100.1-8; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

Municipal Code of Chicago § 7-36-090 Toy defined.

7-36-090 Toy defined. (a) For the purpose of this ordinance, a toy is defined as any article that is primarily intended for recreational use by children under the age of 15 years. This ordinance shall specifically exempt hobbies, crafts, sporting equipment and games. (Prior code § 100.1-9)

Municipal Code of Chicago § 7-36-100 Standards for beds, cribs, playpens and other enclosed devices.

7-36-100 Standards for beds, cribs, playpens and other enclosed devices. No bed, crib, playpen or other enclosed device that is intended for use by an infant may be sold, offered for sale or given away without compensation unless such article meets the following standards. (a) The space between the vertical and horizontal bars or slats, that may create such enclosure, shall be no more than two and three-eighths inches apart. (b) Such article shall be made out of nontoxic materials that resist peeling and cracking. (Prior code § 100.1-11)

Municipal Code of Chicago § 7-36-110 Standards for full size cribs.

7-36-110 Standards for full size cribs. No full size crib may be sold, offered for sale or given away without compensation unless it complies with the standards established by the Consumer Product Safety Commission in Part 1508 – Requirements for Full Size Baby Cribs (38 FR 32129, November 21, 1973, as amended at 38 FR 35454, December 28, 1974). (Prior code § 100.1-12)

Municipal Code of Chicago § 7-36-112 Crib bumper pads.

7-36-112 Crib bumper pads. (a) For purposes of this section: (1) "Crib" means any bed with barred or latticed sides designed for an infant or toddler. (2) "Crib bumper pad" means any padding material, including but not limited to a roll of stuffed fabric, which is designed for placement within a crib to cushion one or more of the crib's inner sides adjacent to the crib mattress. (b) No person shall expose for sale, sell, lease, offer for sale or offer for lease any crib bumper pad as a separate item or as an accessory to a crib in the city of Chicago. (c) Any person who violates this section shall be fined not less than $100.00 nor more than $500.00 for each offense. (Added Coun. J. 9-8-11, p. 7639, § 1)

Municipal Code of Chicago § 7-36-115 Child passenger safety seat sale or leases.

7-36-115 Child passenger safety seat sale or leases. (a) For purposes of this section: (1) "Child Passenger Safety Seat" means any device which meets the standards of the United States Department of Transportation designed to restrain, seat or position children in a vehicle, including, but not limited to, a booster seat. (2) "Consumer" means any person who purchases a child passenger safety seat for personal, family or household use. The term does not include any person who purchases child passenger safety seats primarily for the purpose of reselling or leasing such seats. (3) "Certified Child Passenger Safety Technician" and "C.P.S.T." means any person who has completed and maintained a certificate in the 32-hour National Standardized Child Passenger Safety Training Course developed by the National Highway Traffic Safety Administration (N.H.T.S.A.), which is designed to provide the basic technical skills, experience and knowledge of the proper use and installation of child passenger safety seats. (4) "Referral to Resource" means a list of child passenger safety technician services both public and private available in the City of Chicago. This list shall be a standardized form issued and kept current by the City of Chicago that contains current resources and their current contact information as well as information regarding the importance of consulting a C.P.S.T. for each child passenger safety seat installation. (b) No person shall expose for sale, sell, lease, offer for sale or offer for lease any Child Passenger Safety Seat within the City of Chicago to any Consumer, unless such person has posted within twenty (20) feet of any Child Passenger Safety Seat a Referral to Resource document provided by the City of Chicago thereby assisting the Consumer with finding a C.P.S.T. This subsection (b) shall not apply to occasional sales, as that term is defined in Section 10-8-401 of this Code, nor shall it apply to internet sales. (c) No person shall expose for sale, sell, lease, offer for sale or offer for lease any Child Passenger Safety Seat within the City of Chicago to any Consumer that is expired, damaged, missing any parts including the owner's manual, or is otherwise unfit for use for the safe transport and restraint of children. This subsection (c) shall apply to only occasional sales, as that term is defined in Section 10-8-401 of this Code and secondhand dealers as that term is defined in Section 4-264-005. (d) Persons that violate any of the foregoing sections shall be issued a Notice to Correct by the department. Subsequent offenses shall be punishable by a fine of not less than $50.00 nor more than $500.00. (Added Coun. J. 6-9-10, p. 93537, § 1)

Municipal Code of Chicago § 7-36-120 Violation - Penalty.

7-36-120 Violation - Penalty. (a) The violation of any of the foregoing sections shall be punishable by a fine of not less than $50.00 nor more than $500.00, and the sale of each independent item which violates this section shall be deemed a separate offense. (Prior code § 100.1-13)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2642002Fetched: 10/24/2026