(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 materials must be labeled "non-toxic" and meet ASTM standard D-4236 as described in 16 C.F.R. 1500.14 (b)(8)(i), as now and hereafter amended;

(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 (for example: 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) Promote numeracy (counting and numbers) and spatial ability;

(e) Encourage discovery and exploration; and

(f) Promote learning skills.