Updated Toy Safety Standard Takes Effect June 12. New Tests Required!
The risk of third-party testing now for the new requirements of F963-11 is that when the proposed rules are finally adopted by CPSC, the lab you choose may not be accredited for the new requirements and you will have to retest at an approved lab. In my opinion, this is a very minor risk compared to the risk of not having an independent test confirming that your toy complies with the new requirements.
CPSC addressed this in an FAQ on its website:
In the event that a manufacturer or importer wishes to have its products tested now—in the hope that testing to the -11 version eventually will be accepted by the CPSC—that manufacturer or importer should check with its current CPSC-accepted laboratory to see if they will be applying to the CPSC for acceptance of the -11 version. If so, and if the lab satisfies other conditions spelled out in the draft document, then the Commission likely will accept that testing upon its approval of the new Notice of Requirements. (This is not a guarantee of the Commission's action, but the Commission traditionally has permitted acceptance of such testing, provided that all the other conditions are satisfied.)
It's always a treacherous scenario in our industry when the law requires strict compliance with a set of standards but doesn't require third-party testing. For one thing, it places an extra burden on distributors—to verify that the toys they're purchasing are compliant with the new standard if the supplier or factory does not have a third party lab report verifying compliance.
My advice is to not buy any toy that is imported or manufactured after June 12, 2012 unless you get a report from well-known third-party laboratory verifying compliance with all the provisions of ASTM F963-11.
For promotional products distributors who maintain test reports in their files of children's toys they order frequently, or for those who have children's toys in company stores or in other co-op programs, be sure to go back to your supplier for an updated test report.