HTSBase
CPSC children'sUnited StatesCrayons

Do crayons need a CPC?

Updated

Short answer

Yes, for crayons sized, decorated or marketed for children.

CPSC's children's product rule names crayons, finger paints and modeling dough as art materials that are children's products when sized, decorated and marketed for kids 12 and under (16 CFR 1200.2). They need third-party testing for lead at a CPSC-accepted lab, tracking labels and a Children's Product Certificate (CPC). Every art material also needs the LHAMA conformance statement and a toxicologist review, but the same rule says third-party testing to LHAMA is not required.

What changes the answer

  • Children's vs general use. Crayons in a kids box with cartoon packaging are children's products. Artist-grade oil pastels or wax crayons sold to adults and hobbyists are general use. Bulk sales to schools do not by themselves make a general use product a children's product.
  • LHAMA. Under 16 CFR 1500.14(b)(8), art materials must be reviewed by a toxicologist for chronic hazards, labeled with any required warnings, and carry a statement of conformance to ASTM D4236. CPSC says the toxicological assessment must be repeated at least every 5 years.
  • Lead. Children's crayons must meet the 100 ppm total lead limit and the 90 ppm limit for any paint or coating, including paper wrappers with printed coatings that do not qualify for the 1500.91 paper and CMYK ink determinations.
  • Crayons as toys. A crayon set with play features, such as figurine-shaped crayons or a toy case, can be a toy subject to ASTM F963-23 and the phthalate limits for plasticized parts. Plain crayons are exempt from the small parts rule as writing materials (16 CFR 1501.3).

What to do

  1. Have a toxicologist review the formulas under ASTM D4236 and print the conformance statement, such as "Conforms to ASTM D4236", on the product where practicable and on the package.
  2. Test each crayon color and any coated wrapper for total lead at a CPSC-accepted lab, plus any F963 or phthalate tests if the set is a toy.
  3. Issue a CPC that lists the lead rules, LHAMA and any toy rules, and eFile its data with the entry as required since July 8, 2026.
  4. Put tracking information on the crayons or box and on the shipping packaging.
  5. Repeat the toxicological review at least every 5 years and on any formula change.
HTS lines for crayons
  • 9609.90.80.00

    9609: Pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors' chalks

    Other

    Other crayons, pastels and similar, the usual line for wax crayons without a sheath.

    General rate
    Free
  • 9609.10.00.00

    9609: Pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors' chalks

    Pencils and crayons, with leads encased in a sheath

    Pencils and crayons with leads encased in a sheath, such as colored pencils.

    General rate
    14¢/gross + 4.3%
    Free or reduced under 17 programs

Next steps

Frequently asked questions

Does AP Seal or a similar program replace the CPC?
No. Voluntary art material certification programs can document the toxicological review, but the CPC is a federal certificate based on CPSC-accepted lab tests for the rules that apply.
Do adult coloring book pencils need a CPC?
Not if they are general use products sold to adults. They still need the LHAMA review and labeling because LHAMA applies to art materials of any age group.
Are crayons subject to the phthalate limits?
Only if they are toys or child care articles. Plain crayons are art materials, not toys. A crayon set with play value can be treated as a toy, so ask your lab.

Sources

  1. 16 CFR 1200.2, Definition of children's product, eCFR, National Archives
  2. 16 CFR 1500.14, Products requiring special labeling, including art materials, eCFR, National Archives
  3. Art materials FAQ, U.S. Consumer Product Safety Commission
  4. 16 CFR 1501.3, Small parts exemptions, eCFR, National Archives
  5. Certificates of Compliance final rule (eFiling), published January 8, 2025, Federal Register

This is general information drawn from the official sources linked above. It is not legal advice. Rules change and often turn on the facts of your product, so confirm your test plan with an accredited lab and your obligations with qualified counsel before you import or sell.