(1) An early learning provider must supply children in care with early learning materials that are age and developmentally appropriate. For each age group of children in care, a provider must supply a variety of materials that satisfy individual, developmental, and cultural needs. Early learning materials must be:

(a) Clean;

(b) Washable or disposable;

(c) Accommodating to a range of abilities of children in care;

(d) Available to children in care appropriate to a child's age and developmental level;

(e) Nonpoisonous and free of toxins. If an early learning provider is using prepackaged art materials, the material packaging must be labeled "non-toxic" by the manufacturer and meet ASTM standard D-4236 as described in 16 C.F.R. 1500.14 (b)(8)(i);

(f) In good and safe working condition;

(g) Accommodating to special needs of children in care; and

(h) Removed from the early learning program space once an item has been recalled by CPSC.

(2) An early learning provider must ensure a sufficient quantity and variety of materials to engage children in the early learning program, such as arts and crafts supplies, various textured materials, construction materials, manipulative materials, music and sound devices, books, and social living equipment. Materials must:

(a) Encourage both active physical play and quiet play activities;

(b) Promote imagination and creativity;

(c) Promote language development and literacy skills;

(d) Encourage social skill development;

(e) Promote numeracy (counting and numbers) and spatial ability;

(f) Encourage discovery and exploration; and

(g) Promote learning skills.