95-4484. Final Rule to Ban Small Balls Intended for Children Younger Than Three Years of Age and To Require Labeling of Certain Toys and Games

[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Rules and Regulations]
[Pages 10742-10756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4484]




[[Page 10741]]

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Part VII





Consumer Product Safety Commission





_______________________________________________________________________



16 CFR Part 1500



Ban Small Balls Intended for Children Younger Than Three Years of Age 
and To Require Labelling of Certain Toys and Games; Final Rule

Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / 
Rules and Regulations 
[[Page 10742]] 

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Final Rule to Ban Small Balls Intended for Children Younger Than 
Three Years of Age and To Require Labeling of Certain Toys and Games

AGENCY: Consumer Product Safety Commission.

ACTION: Final Rule.

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SUMMARY: The Child Safety Protection Act of 1994 (CSPA) amended the 
Federal Hazardous Substances Act (FHSA) by adding a new section 24 
which, inter alia, imposes labeling requirements on certain balls, 
balloons, marbles, and certain toys and games intended for use by 
children three years of age and older. The amendment also bans certain 
balls intended for use by children younger than three years of age. 
Although the requirements imposed by the amendments are generally self-
executing, the Commission is publishing this regulation to incorporate 
the requirements of the CSPA into the Code of Federal Regulations (CFR) 
and to interpret or clarify certain provisions of that legislation.

DATES: This regulation becomes effective on August 28, 1995 for 
products manufactured or imported into the United States.

FOR FURTHER INFORMATION CONTACT: Francis Krivda, Compliance Officer, 
Office of Compliance and Enforcement, Consumer Product Safety 
Commission, Washington, D.C. 20207-0001; telephone [phone], ext. 
1372.

SUPPLEMENTARY INFORMATION:

A. Background

1. Previous Commission Actions
    In 1979, the Commission issued regulations to ban toys and other 
articles which are intended for use by children younger than three 
years of age and which present an aspiration, ingestion, or choking 
hazard because of small parts. The small parts regulations are codified 
at 16 CFR 1500.18(a)(9) and Part 1501. Toys and children's articles 
subject to the regulations must be placed in a truncated cylinder with 
a diameter of 1.25 inches (31.7 mm.) and a depth ranging from 1 to 2.25 
inches (25.4 mm to 57.1 mm). If the product or any independent or 
detachable component of the product fits entirely within the cylinder, 
it is banned. Additionally, a toy or children's article is banned if 
any component or piece of such a product becomes detached during ``use 
and abuse'' testing. The ``use and abuse'' tests are codified at 16 CFR 
1500.50-1500.53.
    The small parts regulations apply only to toys and articles 
intended for use by children younger than three years of age. Some 
products, including balloons, are excluded from the scope of these 
regulations because they cannot be manufactured to function as intended 
and still comply with the requirements of the regulations.
    Previously, the Commission received information indicating that an 
average of seven children a year choke to death on balloons or parts of 
balloons. The agency also received reports of children younger than 
three choking on small toys or games, or the parts of such products, 
which were intended for children three years of age and older. For 
example, small balls and marbles are generally considered to be 
intended for such older children, but have been associated with choking 
fatalities involving children under three.
    In some cases, choking incidents involving children younger than 
three years of age occurred after an adult purchased a product labeled 
to indicate that the article was suitable for children three years and 
older, but gave the article to a child younger than three. In such 
cases, it is possible that the purchaser believed that the labeling 
statement was not a safety message, but instead referred to the age at 
which the child could use or enjoy the product.
    The origins of the CSPA rest in rulemaking activities in which the 
Commission engaged between 1988 and 1992. In 1988, the Commission 
published an advance notice of proposed rulemaking (ANPR) to initiate 
regulatory action to enlarge the dimensions of the cylinder used to 
evaluate whether toys or other articles intended for children under 
three contain small parts that could present a choking hazard. In 1990, 
the Commission terminated that proceeding. It determined that the use 
of the test cylinder specified in the existing small parts regulation 
had been effective in preventing choking deaths and injuries to 
children under three associated with toys intended for that age group. 
At the same time, however, the Commission published four ANPRs that, 
inter alia, solicited preliminary comment on proposals to require 
labeling on small balls, balloons, marbles, and toys and other articles 
with small parts intended for children aged three to approximately six. 
In 1991, after analyzing the comments received in response to the 
ANPRs, the Commission staff recommended that the Commission propose 
rules prescribing labeling under the FHSA for the products that later 
became the subject of the CSPA. The Commission, however, terminated all 
four proceedings because it felt that it could not make the findings 
required by the FHSA.

2. The Child Safety Protection Act

    On June 16, 1994, Congress enacted the CSPA. The legislation 
establishes substantially the same labeling requirements for balloons, 
marbles, small balls, and toys and games containing small parts that 
the staff recommended in 1991. The primary purpose of the legislation 
is to warn purchasers of the potential hazards for children under three 
that products intended for older children may present. The CSPA 
prescribes labeling statements for balloons, for balls with a diameter 
of 1.75 inches or less (``small balls'') and marbles intended for 
children three years or over, and for toys or games that contain such 
items. The law also requires labeling for toys or games that contain 
small parts and that are intended for children at least three years old 
but not older than six. Under the CSPA, small balls intended for 
children under three are banned. The statute specifies the text of the 
required label statement for each of the enumerated products and 
requires that labeling appear on the principal display panel of product 
packages. For unpackaged, unlabeled items sold in bulk, any bin in 
which they are displayed, and any container for retail display or 
vending machine from which they are sold or dispensed must bear the 
required labeling. The law also directs the Commission to promulgate 
regulations to implement the statutory requirements.
    On July 1, 1994, the Commission published in the Federal Register a 
proposed rule (59 FR 33932). The proposed rule clarified and 
interpreted certain provisions of the CSPA. It included definitions of 
terms such as ``ball,'' ``small part,'' and ``descriptive material,'' 
and established criteria for determining the age of children for which 
a game or toy is intended. It also clarified the applicability of the 
type size and conspicuousness requirements of the regulation codified 
at 16 C.F.R. 1500.121 to the products that are subject to the CSPA. It 
further contained provisions to assure that labeling statements would 
appear prominently on product packages.

B. Response to Comments

    In response to the proposed rule, the Commission received almost 
300 comments, most from individual consumers. Major consumer groups 
supported many of the provisions of the [[Page 10743]] rule as written 
and recommended strengthening others. Many individual members of those 
organizations submitted comments supporting the rule as drafted. 
Approximately twenty manufacturers, trade associations, and firms that 
test toys commented on the proposed labeling requirements for toys and 
games, while other commenters addressed issues such as the 
applicability of the CSPA to writing and art materials and to balloons 
distributed by individual performers or sold individually. Other 
comments raised issues relating to labeling for unpackaged products 
sold or distributed in bulk or requested clarification of specific 
technical requirements established by the act or the proposed 
regulation. Comments on specific parts of the rule and the Commission's 
responses to the comments are discussed in the following paragraphs.
1. Relationship of the CSPA to Other Standards

    Representatives of foreign toy manufacturers commented generally on 
the complications the legislation presents with regard to standardized 
labeling statements under the European toy safety directive and to the 
development and use of a graphic symbol to identify products that are 
hazardous to children under three. Inasmuch as Congress mandated in the 
CSPA the precise labeling requirements that products in the U.S. market 
must meet, the Commission has little ability to address these concerns. 
Thus, no changes have been made to the final rule concerning these 
issues.

2. Existing Policies With Respect to Labeling and Toys

    A recurring question throughout the comments is the extent to which 
the Commission, in administering the CSPA, intends to apply its 
existing policies and interpretations with respect to labeling and toys 
generally. For example, commenters inquired whether they can combine 
the warning statements required for marbles and for games with small 
parts, if they produce a game that contains both items.
    Under the general labeling provisions of 16 CFR 1500.127, the 
Commission permits information relating to a specific hazard associated 
with a hazardous substance to be combined with information relating to 
additional hazards if the resulting statement contains all the 
information needed to deal with each respective hazard. If the 
Commission followed its existing policies, the labeling for the game 
could be condensed to reflect the hazard associated with the small 
parts and the marble in one statement.
    Similarly, under the Commission's small parts testing regulations, 
toys reasonably intended to be assembled by an adult and not intended 
to be taken apart by a child are tested only in the assembled state, if 
the shelf package and assembly instructions prominently indicate that 
the article is intended to be assembled only by an adult. The effect of 
this exception is to exempt from the small parts test the hardware used 
to assemble the toy. If the Commission follows this policy with respect 
to the labeling required by the CSPA, products containing such hardware 
would also be exempt from the labeling requirements.
    The majority of the Commission's policies applicable to toys have 
evolved over the last ten to fifteen years, while many of the labeling 
policies are twenty to thirty years old. All of the policies provide 
standardized points of reference, both for regulated industries as well 
as the Commission staff, and take into account the requirements of the 
law, the objective of protecting the public, and the practical 
realities of the commercial world.
    To avoid the confusion associated with establishing differing 
requirements for similar toys and labels, in administering the labeling 
provisions of the CSPA, the Commission will generally apply its 
existing policies with respect to children's articles and hazardous 
substances labeling. This general rule will apply unless such a policy 
(1) conflicts with the express provisions of the CSPA; (2) is 
overridden by a policy decision of the Commission as expressed in the 
final rule or in subsequent guidance to the staff of the Commission; 
(3) is impractical in its application; or (4) could result in a 
diminution of the protection envisioned by the law. The Commission 
believes it unlikely, however, that either of the latter two exceptions 
will occur.

3. Upper Age Limit

a. Toys and Games
    The CSPA establishes labeling requirements for any toy or game that 
includes a small part and that is intended for use by children who are 
at least three years old but not older than six. The law permits the 
Commission to establish an alternative age to the upper limit of six 
years, but that alternative limit ``may not be less than five years of 
age.'' 15 U.S.C. 1278(a)(1). In the proposed rule, the Commission 
declined to establish an alternative upper age limit. As explained 
below, the final rule adopts an upper age limit of less than six years.
    Consumer advocates supported maintaining the upper age limit at six 
years, arguing that, in the absence of compelling evidence to the 
contrary, the upper age limit specified in the statute should control. 
Several industry commenters, however, objected to applying the labeling 
requirements to toys or games intended for use by children under seven 
years of age (i.e while they are six years old). These commenters 
argued that this upper age limit departed from the original 1991 staff 
recommendation that the Commission require labeling on toys or games 
intended for children aged from 36 months up to, but not including, 60 
months. Most of these commenters suggested that the Commission select 
an alternative upper age limit of not more than five years, although 
some suggested that the Commission adopt the upper age limit in the 
original staff recommendation.
    Other commenters argued that the upper age limit of six is 
inconsistent with the Commissions's Guidelines for Relating Children's 
Ages to Toy Characteristics which the Commission uses to evaluate toys 
or other articles intended for use by children. According to these 
commenters, the inconsistency arises because the guidelines 
differentiate products intended for children aged 37 through 72 months 
from those intended for children 73 through 96 months old. The 
commenters contended that, if manufacturers complied with the labeling 
requirements and also followed the guidelines, the practical effect of 
applying the labeling to products intended for children under the age 
of seven would be to require labeling for products intended for 
children between the ages of 73 and 96 months.
    At the outset, neither the CSPA nor its legislative history contain 
an explanation of the reason for the statutory upper age limit of six 
years or for the floor of five years on the alternative age limit. The 
text of the legislation, however, expressly forecloses using the 
original staff recommendation to label toys and games intended for 
children up to, but not including, 60 months of age as the alternative 
upper age limit. Similarly, any alleged inconsistency between the 
Commission age grading guidelines and the labeling requirements of the 
CSPA arises because the statute itself establishes a presumptive upper 
age limit of six years for labeling that does not coincide with the age 
divisions in the guidelines. The Commission is, of 
[[Page 10744]] course, bound to follow the requirements of the law.
    The original staff recommendation did not suggest labeling products 
for children five years of age or older because available data did not 
support the need to extend the labeling requirements to products 
intended for that age group. That recommendation therefore does not 
itself provide a basis for specifying a specific alternative upper age 
between five and seven years. However, the Commission believes that the 
rationale for the original proposal--that the products most likely to 
present a threat to children under three are toys and games intended 
for three and four year olds, and that the skills, levels of 
development and play interests of children five years of age and older 
differ significantly from those of such younger children--is valid. 
Thus, the Commission believes that establishing an upper age limit 
lower than six would not significantly compromise the safety of 
children under three.
    An upper age limit of 5 years (e.g., under 60 months and one day) 
would most closely approximate the objectives of the original staff 
recommendation. However, since there is no clearly defined line between 
toys intended for four year olds and those intended for five years 
olds, drawing a distinction in the rule in effect based on the day 
after a child reaches his or her fifth year could create problems for 
manufacturers in complying with the law. In contrast, an upper age 
limit of less than 6 years (less than 73 months) would be consistent 
with the Commission's Guidelines for Relating Children's Ages to Toy 
Characteristics. Those established guidelines recognize a break between 
toys and games intended for children 37 months through 72 months old 
(less than 6 years old), and those intended for children 73 (6 years 
old) through 96 months.
    The Commission has therefore lowered the upper age limit to apply 
to toys or games intended for use by children who are less than six 
years old. In addition to the reasons discussed above, the Commission 
believes that limiting the scope of the labeling requirement will more 
closely focus prospective purchasers on the potential hazards of those 
toys and games intended for older children that are most likely to be 
purchased for younger children. Moreover, many toys intended for 
children six years of age are also intended for children seven and 
eight years of age. While the great majority of these products are 
unlikely to be purchased for children under three, labeling all of 
these products could dilute the effectiveness of the labeling on 
products intended for children from three up to six years of age that 
are most likely to be purchased for younger children.
b. ``Younger Than Seven Years''
    The preamble to the proposed rule points out that products intended 
for children of a specific age are generally recognized by consumers as 
being suitable for all children of that age. Thus, a toy labeled for 
use by children six years old is typically viewed as being appropriate 
for use by children who have just turned six, as well as for use by 
those approaching their seventh birthday. The proposed rule interpreted 
the term ``intended for use by children who are * * * not older than 
six years'' in the CSPA to mean that the labeling requirements apply to 
toys or games intended for children under seven years of age.
    Several commenters disagreed with this approach. Some contended it 
was inconsistent with the Commission's age grading guidelines. Others, 
relying on the statutory upper age limit of six years, suggested that 
the interpretation in the proposed rule would lead manufacturers who 
currently label products for children age six and up in accordance with 
industry standard practice to revise the age recommendations to seven 
and up.
    None of the commenters provided a basis for changing the 
interpretation. This approach is the same as that of the Commission's 
small parts regulation which applies to products intended for children 
under three years of age. Moreover, applying the labeling requirements 
to products intended for use by children who have not yet reached a 
specific age--in this case, six--is consistent with the analytical 
approach of the Commission's age grading guidelines. For example, a 
child does not attain the age of six years until the completion of the 
last day of his or her seventy-second month (i.e., is beginning the 
seventy-third month). Thus, the upper end of 72 months in the age 
grouping of 37 to 72 months specified in the guidelines, in effect, 
applies to articles intended for children who are in the midst of their 
fifth year but have not yet reached their sixth year, i.e. are under 
six years of age. The Commission, therefore, declines to modify the 
final rule in the manner requested by the commenters.

4. Prominence and Conspicuousness of Labeling

    Under the CSPA, precautionary labeling statements must be displayed 
in the English language in conspicuous and legible type in contrast by 
typography, layout, or color with other printed material on a product 
package, on any accompanying descriptive material, on any bin or 
container for retail display from which the product is sold, and on any 
vending machine from which it is dispensed. The act also requires that 
the labeling statements be displayed ``in a manner consistent with part 
1500 of title 16, Code of Federal Regulations.'' 15 U.S.C. 
1278(c)(1)(B). Title 16, Part 1500.121, contains the Commission's 
policies and interpretations implementing section 2(p)(2) of the FHSA 
which requires that precautionary labeling for hazardous substances 
appear prominently and conspicuously. The proposed rule incorporated by 
reference those policies and interpretations, with modifications 
designed to accommodate specific provisions of the CSPA and the general 
differences between toy labels and hazardous substance labels.
    No commenter objected to incorporating the provisions of 16 CFR 
1500.121 by reference in the proposed rule. Consumer advocates favored 
publishing the proposed requirements in final without change. Several 
industry commenters, however, objected to specific provisions in the 
proposed rule modifying 16 CFR 1500.121. Those objections and the 
Commission's response are discussed below.
a. ``Color-Blocking''
    To assure that the labeling statements required by the CSPA appear 
prominently and conspicuously, the proposed rule solicited comments on 
the desirability of ``color-blocking'' those statements. Color-blocking 
would require the statements to appear on a background different from 
the color of the background of the area of the package on which it 
appears, from the color of any printed matter in proximity to the 
required statements, and, if the package were a see-through package, 
from the color of the article contained in the package. As the proposed 
rule explained, the packages of products subject to the CSPA generally 
contain many visual messages, some in printed product descriptions and 
depictions, others in see-through features that display actual 
products. All of these features have the potential to obscure labeling 
statements which, if they generally followed the provisions of 16 CFR 
1500.121, would otherwise be regarded as conspicuous.
    Several commenters objected to the ``color-blocking'' proposal, 
contending that it is more stringent than the current conspicuousness 
requirements contained in 16 CFR 1500.121. They also contended that 
requiring color- [[Page 10745]] blocking would unnecessarily increase 
the size of blister packaging used for small products and hinder tri-
lingual labeling under the North American Free Trade Agreement (NAFTA). 
The commenters argued that applying the existing provisions of 16 CFR 
1500.121 to products subject to CSPA labeling would be adequate to 
assure that the labels are conspicuous.
    The CSPA requires that the labels it prescribes must be displayed 
conspicuously in a manner consistent with part 1500 of title 16 of the 
Code of Federal Regulations. The law does not require that the 
conspicuousness requirements for the labels of toys and games be 
identical to any similar requirement in the existing regulations. 
Accordingly, while the proposed regulation incorporated certain 
provisions of 16 CFR 1500.121, it also contained variations that take 
into account the requirements of the legislation itself and the 
lithography and design features of packages for toys and games. The 
``color-blocking'' proposal was one variation.
    The conspicuousness of a labeling statement depends on a variety of 
factors, including the location of the statement on the package and the 
types of printed material in proximity to it. While ``color-blocking'' 
is one technique to assure that labeling is conspicuous, the Commission 
believes that the use of this method in all cases may be unnecessary to 
accomplish the objectives of the CSPA. As is discussed below, two 
provisions of the existing conspicuousness regulations provide adequate 
assurance that labels required by the CSPA will be conspicuous without 
requiring the use of color-blocking.
    The Commission's existing policy in 16 CFR 1500.121(b)(2)(ii) 
requires that labeling statements that appear on a principal display 
panel be blocked together within a square or rectangular area with or 
without a border. The statements must be separated on all sides from 
other printed or graphic matter by a space no smaller than the minimum 
allowable height of the type size for precautionary labeling other than 
signal words and statements of principal hazard (e.g. the statement 
``Not for children under three yrs.'' in the CSPA). If not separated by 
that distance, the labeling statements must be surrounded by a border 
line. With regard to other cautionary material, 16 CFR 1500.121(d)(2) 
specifies that the label design, the use of vignettes, or the proximity 
of other labeling or lettering shall not be such that any cautionary 
labeling statement is obscured or rendered inconspicuous.
    The Commission has revised the final regulation to eliminate the 
requirement for color-blocking. Instead, the labeling must also conform 
to the spacing/borderline requirements of 16 CFR 1500.121(b)(2)(ii) for 
principal display panel labeling. This means that, if a border line is 
used, it must be rectangular or square in shape. If no border line is 
used, other printed or graphic material should be separated from the 
cautionary labeling statements in a manner that makes the precautionary 
statements appear in a square or rectangular area. If other printed or 
graphic material appears on less than four sides of the cautionary 
material, the other printed or graphic material on any side should be 
laid out in a manner that creates the appearance of a vertical or 
horizontal line of separation, as appropriate, between that material 
and the cautionary labeling.
    The Commission believes that the latter measures will adequately 
assure the conspicuousness of labeling for almost every product subject 
to the CSPA. Recognizing, however, that it is impossible to anticipate 
the design or lithography of every package, the final regulation 
includes a provision similar to that of 16 CFR 1500.121(d)(2) relating 
to interference with precautionary labeling by label design, the 
proximity of other labeling, or vignettes. The practical effect of this 
provision is that all labeling mandated by the CSPA must appear on a 
solid background, although the color of that background need not differ 
from the background color of the rest of the package label as long as 
the precautionary statements appear conspicuously. The inclusion of 
this provision will also permit the Commission to take action, should 
the spacing/borderline provisions be inadequate in a specific case to 
make the labeling required by the CSPA conspicuous.
b. Principal Display Panel/Multiple Type Sizes
    The proposed rule established minimum type sizes for the various 
labeling statements required by the CSPA based upon the area of the 
display panel upon which those statements appear. For smaller packages 
with display panels of less than 100 square inches, the regulation 
followed the type size charts of Table 1 of 16 CFR 1500.121(c)(2) which 
generally apply to the labels of hazardous substances packaged in 
containers up to one gallon in volume. For larger packages, the 
regulation followed the minimum lettering heights of 16 CFR 
1505.3(d)(2) which apply to labels on packages for electrically 
operated toys.
    1. See-Through Features: Several commenters requested clarification 
of the definition and the measurement of the area of principal display 
panels. A number argued that the measurement of the area of the 
principal display panel should exclude the area of see-through 
features, contending that including this area in the measurement would 
result in labels that are too large. The Commission declines to accept 
this recommendation.
    The Commission's existing policies require that the area of a see-
through feature be included in measuring the area of a principal 
display panel. This is because see-through features are incorporated 
into packages to permit consumers to see the item for sale in 
conjunction with the labeling that accompanies the item. Such a feature 
often includes background graphics designed to promote specific 
attributes of the item that is visible through the feature or to show 
the item in an action setting. Like written descriptions or printed 
depictions of the products that generally appear on the packages of 
toys or games, see-through features communicate to prospective 
purchasers details about the products contained therein. Accordingly, 
the Commission views see-through features as functioning as part of the 
label of the product. To assure that the precautionary statements 
required by the CSPA are conspicuous and that a see-through feature 
does not direct a prospective purchaser's attention away from those 
statements, the area of the see-through feature is included in 
computing the area of the principal display panel to determine the 
proper type size.
    The Commission, however, distinguishes packages with see-through 
features from peg-board packages consisting of a cardboard header with 
an attached plastic bag containing the item for sale. In the latter 
instance, all of the graphic material typically appears on the 
cardboard header separated from the item, making the header the 
principal display panel of the package. If a manufacturer chooses to 
place precautionary labeling on the header, the area of the surface of 
the header designed to face outward at retail controls the type size of 
the labeling. If, however, a manufacturer chooses to place 
precautionary labeling on the plastic bag, the bag itself becomes part 
of the principal display panel and its area is included along with that 
of the header in determining the appropriate type size. For peg board 
packages consisting of a header and a plastic bag which contains 
multiple individually packaged products, some of which may 
[[Page 10746]] require labeling, labeling each individual package that 
contains a product requiring labeling is sufficient to comply with the 
law, as long as the label is visible through the outer bag and is 
conspicuous. The type size of the statement would be based on the area 
of the individual bag containing the item, rather than on the area of 
the outer plastic bag.
    2. Vending Machine Display Panels: Representatives of vending 
machine interests questioned what the principal display panel of a 
vending machine is, noting that, generally, labeling may appear either 
on the glass or clear plastic container of the machine or on a display 
card intended to be inserted in a holder in the machine. The commenters 
suggested that, if the machine has a display card that contains graphic 
material, the card itself constitutes the principal display panel. In 
the absence of such a card, the front of the container would be the 
principal display panel. The type size of the required labeling 
statements would depend on the area of the surface treated as the 
principal display panel. The Commission agrees that this approach is 
appropriate and has revised the final regulation accordingly.
    3. Type Size for Large Packages: Some commenters objected to the 
use of letter sizes specified in the electrical toy regulation for 
large packages. The commenters contended that the type sizes prescribed 
for packages with an area in excess of 30 square inches (approximately 
the size of a gallon container) in 16 CFR 1500.121(c)(2) are adequate 
for larger packages, including those with an area in excess of 400 
square inches. One commenter argued that the larger type sizes 
prescribed in the proposed regulation are inappropriate for products 
subject to the CSPA which, unlike electrical toys, do not present a 
hazard to the intended user. That commenter also submitted mock-up 
labels which purported to represent how the labels would actually 
appear if they complied with the larger type size requirements of the 
proposed regulation. It also submitted other mock-up labels purporting 
to demonstrate that the use of smaller type size on large packages 
could still result in conspicuous labels. As was argued with color-
blocking, other commenters contended that the use of larger type sizes 
would increase the size of blister packaging for small products and 
would hinder tri-lingual labeling under NAFTA.
    The Commission believes that the commenters' objections and 
concerns are unfounded and has adopted the proposed type size 
requirements in the final rule. Labeling cannot be effective unless it 
attracts the attention of consumers. Both 16 CFR 1500.121 and the 
labeling provisions of the electrical toy regulation follow the 
established principle that scaling the size of type to the display 
panel area on which it appears is essential to accomplish this 
objective. The type size requirements of 16 CFR 1500.121 are designed 
to accommodate the relatively small packages used for products such as 
household cleaners. The electrical toy regulation, which has been in 
effect for over twenty years, expressly addresses the issue of the size 
of labeling for larger packages similar to those in which many products 
covered by the CSPA are marketed. The commenters did not adequately 
explain why the Commission should accede to smaller type sizes for 
products in large packages which could, in many cases, make labeling 
statements required by the CSPA inconspicuous. The Commission notes 
that the commenters' attempt to distinguish the electrical toy labeling 
requirements from those required by the CSPA on the basis of hazard to 
the intended user is not persuasive. The labeling required by the 
electrical toy regulation states in part ``CAUTION--ELECTRIC TOY: Not 
recommended for children under ______ years of age * * *'', a statement 
which has substantially the same purpose as the labels prescribed by 
the CSPA.
    With respect to the ``mock-up'' labels submitted by one commenter, 
the proposed regulation only specified the minimum height of the 
letters in a precautionary labeling statement. However, the 
conspicuousness of a label statement also depends on the style of type 
used, as well on the ratio of the height of the letters in the 
statement to their width and the spacing between the letters. The 
``mock-up'' labels that the commenter submitted to demonstrate that the 
type size in the proposed rule for packages with a display panel in 
excess of 100 square inches was ``too large'' used a heavy, bold-faced 
type, with an approximate two-to-one height-to-width ratio for the 
letters, and normal spacing between the letters. In contrast, the 
labeling requirements of 16 CFR 1500.121(c)(3), incorporated by 
reference in the proposed rule, only require that the height-to-width 
ratio not exceed three to one, and are silent on type style and letter 
spacing. Thus, while a manufacturer is free to use a label similar to 
the ``mock-up'' labels presented by the commenter, the regulation does 
not require it, nor would following the provisions of the proposed rule 
with respect to large packages necessarily produce the result displayed 
by the mock-up labels that the commenter viewed as undesirable.
    The same commenter also submitted other mock-up labels purporting 
to demonstrate that the use of smaller type size on large packages 
could still result in conspicuous labels. Again, in addition to letter 
height, type style, height-to-width ratio, and spacing all play a major 
role in making labels conspicuous. The Commission agrees that certain 
combinations of these factors coupled with sharply contrasting colors 
may tend to make smaller type more conspicuous. However, in the absence 
of requirements in the regulations specifying type style, spacing, 
etc., there is no assurance that the use of smaller type will result in 
a conspicuous label.
    With respect to the allegation that the type sizes specified in the 
rule for large packages will require that the size of blister packaging 
for small products be increased, those type sizes have, for years, been 
accepted as striking a reasonable balance to assure that warnings are 
conspicuous while providing ample space for other graphic material. In 
the Commission's view, while changes in lithography may be required to 
meet the requirements of the CSPA, there is no evidence that compliance 
will require increasing package sizes.
    4. Blister Cards: One commenter suggested that the Commission 
permit blister cards to be labeled either on the front of the card or 
the back, reasoning that parents are just as likely to read the 
information on the back of the card as they are the information on the 
front. The Commission declines to accept this suggestion. The law 
requires that the principal display panel--the front of a blister 
card--be labeled. Moreover, the intent of the CSPA is to provide point-
of-purchase warnings. There is no evidence that parents will read the 
back of a blister card prior to purchase. Moreover, in the case of 
articles like dolls or toy cars which are generally not accompanied by 
instructions, the Commission believes it unlikely that purchasers will 
read the back of the card at all.
c. Multiple Label Statements
    Several commenters expressed concern that the proposed rule would 
require a toy or game that contained multiple articles subject to the 
labeling requirements of the CSPA to bear the complete text of each 
label specified in the act addressing the hazard associated with each 
article. The proposed regulation did not address this issue. For 
clarity, the Commission has revised [[Page 10747]] the final regulation 
to incorporate a provision similar to 16 CFR 1500.127(b) which permits 
labeling information relating to multiple hazards to be condensed as 
long as the resulting statement contains all of the information 
necessary to deal with the specific hazard presented by each article. 
The Commission notes, however, that the message contained in the 
balloon label specified in the CSPA differs substantially from those in 
the labels for balls, marbles, and toys and games with small parts. 
Therefore, the label of a package that contains a balloon and another 
item subject to the CSPA may only have a combined signal word and 
statement of hazard. The remaining statements required by the act with 
respect to each of the products in the package must appear on the label 
of the package.
d. Label Justification, Layout and Spacing
    The proposed rule required that labels required by the CSPA appear 
in the same format and layout as that prescribed in the legislation 
itself. Several commenters objected to this requirement, noting the 
Senate Report on the legislation would have permitted labels to vary 
from the precise format specified in the law. One commenter questioned 
whether the statutory format requirements included margin 
justification.
    The requirement in the proposed rule was based on the precision 
with which the law identifies the text and format of the various 
labeling statements. The rule construed that precision as an express 
indication of how Congress intended those statements to appear on 
package labels. However, when taken in conjunction with the 
Congressional mandate that the Commission's regulations for the 
conspicuousness of labeling required by the CSPA be consistent with 16 
CFR 1500.121, the Commission believes that a more valid reading of the 
legislation would treat the format and layout of the various labeling 
statements in the law as exemplary, rather than mandatory.
    While the label format set forth in the law is more than adequate 
to meet the Commission's existing conspicuousness regulations, it does 
not take into account variations in packaging design and lithography 
that the Commission can expect to encounter for products subject to the 
CSPA. On balance, the existing policies implementing the labeling 
requirements of the FHSA have proven adequate to ensure that labels are 
prominent and conspicuous. Thus, the Commission has revised the 
proposed rule to delete the requirement that manufacturers follow the 
precise format in the statute and instead will follow its existing 
labeling policies with respect to format and layout. The Commission 
however notes that one existing policy states that labeling statements 
shall appear blocked together within a square or rectangular area. This 
means that the labeling statements required by the act must appear on 
at least two lines. Since the resolution of the overall issue of format 
also resolves the question of margin justification, no response to that 
comment is necessary.

5. Descriptive Material

    The CSPA requires the statutory warnings to appear on descriptive 
material accompanying a product that requires labeling under the act. 
The proposed regulation defined the term ``descriptive material'' as 
``any instruction (whether written or otherwise) for the use of the 
product, any depiction of the product, and any promotional material, 
advertisement, or other written literature that describes any function, 
use, warnings, user population, or other characteristic of the product, 
including its suitability for use with or relationship to other games, 
products, or toys.'' The proposed regulation also noted that 
descriptive material ``accompanies'' a product when it is packaged with 
the product or is intended to be distributed with the product at the 
time of sale or delivery to the purchaser. As is discussed below, the 
final rule retains much of the definition, but clarifies that catalogs 
and marketing materials that describe products other than a regulated 
product generally need not be labeled.
a. Meaning of ``Accompanies''
    Several commenters expressed concern that the definition of the 
term ``descriptive material'' in the proposed regulation might require 
multiple labels on product packages such as blister cards that, for 
example, contain instructions for use or recommended age labeling on 
the back of the cards. As the discussion of the term ``accompanies'' in 
the proposed rule indicates, the Commission believes that Congress 
intended labeling requirements for descriptive material to apply to 
material separate from the package of the article itself, such as an 
instruction sheet. The final regulation clarifies this point.
    Another commenter questioned whether material such as mail order 
catalogs or newspaper advertisements depicting items subject to the 
CSPA are required to bear the required warning statements. The act only 
requires descriptive material which accompanies a regulated product to 
be labeled. According to the proposed regulation, descriptive material 
``accompanies'' a product when it is packaged with the product or when 
it is intended to be distributed with the product at the time of sale 
or delivery to the purchaser. A catalog or advertisement that does not 
meet either of these criteria would not require labeling.
b. Instructions for Use
    Several commenters contended that the definition of the term 
``descriptive material'' in the proposed rule was too expansive. Some 
requested that the definition be limited to material containing 
instructions for use.
    Section 2(n)(2) of the FHSA expressly requires that labeling 
required by the act appear ``* * * on all accompanying literature where 
there are instructions for use, written or otherwise.'' Inasmuch as the 
CSPA follows the general labeling scheme of the FHSA, the Commission 
believes that the use of the term ``descriptive material'' without the 
limitation contained in section 2(n) indicates a Congressional 
intention that CSPA labeling not be limited to material containing 
instructions for use. Accordingly, the Commission declines to adopt the 
revision requested by the commenter to limit the labeling requirements 
to written material containing instructions for use.
    The Commission notes that the great majority of material that 
accompanies the products subject to the CSPA contains instructions for 
use, either with or without other descriptions. Moreover, each discrete 
piece of material accompanying a regulated product need only have one 
label. Thus, if a piece of accompanying literature contained, for 
example, instructions for use, a statement of the age of the children 
for whom an item is intended, and a depiction of the product, only one 
precautionary statement would be required. Therefore, the Commission 
believes that defining the term ``descriptive material'' broadly to 
include the variety of ways that accompanying material can describe or 
depict a regulated product should have little practical effect.
c. Catalogs and Marketing Materials
    Many industry commenters contended that catalogs and marketing 
materials depicting other products, as well as the regulated products 
that such materials accompany, should be exempt from the labeling 
requirements. Under their rationale, the purpose of such catalogs is to 
focus the attention of the purchaser on the other products rather 
[[Page 10748]] than on the regulated product he or she has just 
purchased.
    First, the law only applies to descriptive material that 
accompanies a product that requires labeling. A catalog that 
accompanies an unregulated product need not bear any labeling, even 
though the packages of other products described in the catalog might 
require labeling.
    The status under the CSPA of a marketing material such as a catalog 
that depicts or advertises other items in addition to the regulated 
product that the catalog accompanies is a question of interpretation. 
Although a depiction of a regulated product in a catalog would appear 
to meet the plain meaning of the term ``descriptive material,'' the 
Commission believes that requiring labeling in such a circumstance will 
do little to increase the protection provided by the point-of-purchase 
warning on the product's label. Accordingly, the Commission has 
excluded such catalogs and similar marketing materials from the 
definition of ``descriptive material,'' unless they contain additional 
information, such as instructions for use of the regulated product it 
accompanies or a list of accessories intended to be used solely with 
that product.
d. Descriptive Material Intended for Use by Children
    Some commenters recommended that descriptive material intended for 
use by children not require precautionary labeling, if the warnings are 
included on a separate package insert intended for adults. The 
commenters, citing the Senate report, reasoned that the statutory 
warnings are intended for adult purchasers and that young children 
would be unable to understand and appreciate the hazards. Consumer 
advocates, however, favored requiring that such material be labeled, 
noting that the material is often read by adults even though it is 
intended for children and that many children are capable of reading and 
understanding the warnings.
    The Commission believes that the inclusion of a properly labeled 
insert in addition to instructions for children is adequate to satisfy 
the objectives of the legislation without compromising safety. The 
final rule exempts from the labeling requirements descriptive material 
intended solely for use by children, provided that the package of the 
product also contains a properly labeled insert intended for adults 
that is prominently identified as a warning for parents.

6. Definition of Package

    The proposed regulation defined the term ``package'' as the 
immediate package in which a product subject to labeling is sold or is 
intended to be stored, as well as to any outer container or wrapping. 
Commenters expressed concern that this definition could require 
labeling to appear on shrink wrap or cellophane applied over an 
immediate package, as well as on components of toys such as doll 
houses, toy medical bags, etc. that are themselves used to store other 
components. One commenter also suggested that the labeling requirements 
not apply to containers used to ship packaged products to retailers 
because consumers generally do not see or read information on such 
containers.
    In response to the latter comment, the Commission notes that the 
CSPA only applies to retail packages intended to be distributed to 
consumers or to containers used to display bulk unpackaged and 
unlabeled items at retail. The Commission also notes that, for 
unpackaged, unlabeled products sold in bulk, unlabeled shrink wrap film 
intended to keep a toy clean or plastic ``eggs'' designed to permit 
toys to be dispensed from vending machines is not ``packaging'' which 
would require labeling under the CSPA.
    With respect to the other comments, the reference to the outer 
container or wrapper of a product in the proposed rule tracks section 
2(n) of the FHSA which requires that any labeling required under that 
act shall appear on the outside container or wrapper of a hazardous 
substance, unless the labeling is easily legible through the outside 
container or wrapper. This provision is equally applicable to the 
labeling required by the CSPA. With respect to functional components of 
toys that are used to store other components, the CSPA only requires 
that packaging intended for retail inspection must bear labeling. Thus, 
while cardboard boxes for games may require labeling if they have a 
surface that functions as a principal display panel, the Commission 
believes that Congress did not intend labeling to be applied directly 
to toys or components of toys that already bear labeling on their 
packaging or that are not part of the retail display. However, if such 
items are displayed at retail without any packaging, the items 
themselves would have to bear a hang tag containing the required 
labeling. The final regulation has been revised to clarify both of 
these issues.

7. Definition of ``Toy or Game''

    The proposed rule did not include a definition of ``toy'' or 
``game.'' However, commenters requested that the Commission clarify the 
scope of these terms, questioning whether arts and crafts materials, 
such as paint sets or bead stringing kits, are subject to the labeling 
requirements. Representatives of the Art and Creative Materials 
Institute cited a decision of the United States Court of Appeals for 
the Second Circuit to support the proposition that art materials are 
not necessarily included in the definition of a toy. This decision, 
however, addressed the issue of whether a flammable children's article 
was an educational material that was exempt from the banning 
requirements of the FHSA.
    Past Commission actions have generally addressed the hazards 
associated with articles intended for use by children, including toys 
and games. The agency, therefore, has not previously undertaken to 
define either term. In the absence of a regulatory definition, however, 
the Commission generally looks to common dictionary definitions of 
terms for guidance. For example, a toy is ``an object for children to 
play with; especially something made for the amusement of a child or 
for his use in play.'' A game is ``an article for use in a physical or 
mental competition conducted according to rules in which the 
participants play in direct opposition to each other.* * *'' (In the 
Commission's view, the latter definition also includes games in which 
children compete with an item itself rather than other children.) The 
Commission has elected not to include definitions of the terms ``toy'' 
and ``game'' in the final rule, but will continue to draw upon on 
common dictionary definitions of these terms for guidance in 
administering the CSPA.
    With respect to the specific applicability of the term ``toy'' to 
arts and crafts sets intended for children three to five, these 
products are primarily intended for use in play and for the amusement 
of such children. The Commission therefore considers them to be 
``toys.'' Such items would require labeling under the CSPA, even though 
a child, in the course of play, might produce a ``functional'' item for 
display or use. However, items such as pens and pencils for general use 
which might incidentally be used in play would not be considered toys.
    The Commission has also received inquiries concerning the status of 
``hybrid'' items, such as children's toiletries which include toys or 
other items subject to the CSPA. If any part of [[Page 10749]] such an 
item is an article subject to the CSPA, the package of the item 
requires labeling.

8. Educational Materials and Mail Order Sales

a. Sales to Educational Institutions
    One commenter questioned whether packages of toys or games sold 
exclusively to schools through catalogs require labeling. The primary 
purpose of the CSPA is to provide a point-of-purchase warning of the 
hazards that products intended for older children present to children 
under three. Inasmuch as children under three are not typically present 
in a traditional school setting, requiring labeling on toys and games 
sold by mail solely to educational institutions such as kindergartens 
and elementary schools for use exclusively in those institutions would 
not accomplish the purposes of the CSPA. Accordingly, such items are 
excluded from the scope of the regulation, as long as the items are 
intended for children five and up. This age limitation is specified 
because products intended for three and four year old children may be 
sent to pre-schools or institutions such as day care centers where 
children under three may be present.
b. Mail Order Sales
    A few commenters questioned whether the CSPA applies to products 
distributed to consumers through the mail, and, if so, whether it is 
sufficient to label just the mailing wrapper or whether both the 
product package and outer wrapper require labeling. Products 
exclusively distributed by mail are subject to the CSPA. Since the CSPA 
contemplates point-of-purchase inspection, firms can comply with the 
law by conspicuously labeling either the immediate product package or 
the outer wrapper. Such labeling need not be lithographed or printed on 
the wrapper. The use of a stamped label will suffice. The Commission 
notes that, if a product sold by mail is also sold in retail outlets, 
the retail package itself must be labeled.

9. Practices Under the Small Parts Regulation

    The Commission's regulations addressing the choking hazards 
associated with toys and articles intended for children under three 
that contain small parts establish tests to determine whether such 
products will emit small parts under reasonably foreseeable conditions 
of use or abuse. They also exempt from the banning provisions specific 
items including writing materials (such as crayons, chalk, pencils and 
pens), books and other articles made of paper, modeling clay, and 
finger paints, watercolors, and other paint sets. Commenters questioned 
whether these policies apply to items regulated under the CSPA.
a. Use and Abuse Testing
    The proposed rule did not include a requirement for ``use and 
abuse'' testing of toys and games. The rule noted that the Commission 
lacked sufficient information to establish the need to apply use and 
abuse tests to toys and games intended for children between three and 
six years of age, or on the costs associated with imposing such 
requirements. In addition, the decision not to require use and abuse 
testing was based on the language of the CSPA which referred to toys or 
games that ``include'' a small part.
    Commenters split on the issue of applying use and abuse tests to 
toys and games. Consumer advocates favored requiring such tests, 
arguing that the failure to do so might mislead parents into believing 
a product without labeling is safe, even though small parts might 
detach from the product during play. Industry commenters, arguing 
against the requirement, contended that hazard and injury data do not 
support the need to impose such testing.
    Given the absence of data relating to the costs of imposing such 
requirements and any potential benefits, the final rule retains the 
position expressed in the proposed rule and does not require use and 
abuse testing. Moreover, the Commission continues to believe that a 
reasonable reading of the phrase ``includes a small part'' provides a 
basis for concluding that Congress did not intend to require use and 
abuse testing.
    The Commission notes that commenters exhibited confusion about the 
applicability of use and abuse tests to solid items that are intended 
to be removed or separated from toys or games during play or use, such 
as accessories for action figures and battery covers that are not 
screwed shut, or to items such as strip magnets that are designed to be 
divided into individual components. Under the Commission's existing 
policies, such items are evaluated by detaching them without applying 
use and abuse testing and placing them in the test cylinder. Similarly, 
if, as is discussed infra., the Commission decides that products that 
are currently exempt from the small parts regulation require labeling, 
items such as modeling clay and play dough, which separate into 
multiple pieces of varying sizes during use, will be evaluated without 
compression in the form and shape in which they are sold at retail.
b. Exempt Products
    The proposed rule was silent on the applicability of the CSPA to 
products that are exempt from the small parts regulation under 16 CFR 
1501.3. Furthermore, there is no express reference in the CSPA or its 
legislative history to the status of products that are exempt from the 
small parts requirements. Commenters argued that the inclusion of 
balloons, which are expressly exempt from the small parts regulation, 
in the CSPA could be construed as an indication that Congress knew how 
to include exempt products within the scope of the statute when it 
wanted to. Since Congress only singled out balloons for coverage, other 
exempt products would not require labeling. Others contended that 
requiring products exempt from small parts testing to be labeled would 
also create an apparent inconsistency. For example, a felt tip marker 
intended for children between three and six years of age with a cap 
that is a small part would require labeling (assuming, of course, that 
the item is a toy), but the same item would require neither labeling 
nor compliance with the small parts regulation if it were intended for 
children under three.
    Other commenters noted that the purpose of the exemptions to the 
small parts regulation was to avoid banning functional products which 
could not be produced in compliance with the small parts requirements. 
These commenters argued that labeling provides a reasonable alternative 
to alert parents purchasing toys and games for older children to the 
potential hazards such products may present to younger children. 
Furthermore, unlike the small parts performance requirements, labeling 
such items would not affect their ability to be produced and sold.
    In its vote on the final rule, the Commission divided on the issue 
of whether toys and games that are exempt from the small parts 
regulation, if they are intended for children under three, require 
labeling under the CSPA, if they are intended for children three 
through five years of age. Accordingly, that issue will remain 
unresolved until such time as a majority of the Commission concurs on 
its resolution. Pending that resolution, toys and games that are 
exempted from the requirements of the small parts regulation by 16 CFR 
1501.3 are not required to bear labeling under the act. However, even 
if the Commission elects to require labeling for exempt products, paper 
punch-out toys and games will still be exempt from the labeling 
requirements, since there is [[Page 10750]] no data to indicate that 
such items present a risk to children under three.

10. Bulk Sales

    The CSPA requires that labeling appear not only on retail packages, 
but also on bins from which unpackaged and unlabeled regulated products 
are sold in bulk, containers for the retail display of such items, and 
vending machines from which they are dispensed. The labels must appear 
conspicuously. Administering labeling requirements of this nature is a 
matter of first impression for the Commission, since the FHSA and its 
regulations require an unpackaged hazardous substance to bear a label 
on the item itself or on a hang tag attached to the item.
a. Obligation to Apply Labels
    One commenter questioned whether retailers are required to label 
store displays of items subject to the CSPA which are sold in bulk and 
without packaging. The CSPA requires labeling on bins, containers for 
retail display, and vending machines from which unpackaged items 
subject to the act are sold or dispensed. A retailer who fails to 
comply with these requirements may be subject to penalties for 
violating section 4(c) of the FHSA. To assist retailers in complying 
with the CSPA, the Commission suggests that manufacturers include, in 
the shipping containers for bulk products, labels for the retailer to 
post. For example, an 7''  x  5'' card containing the required labeling 
in the type size specified by 16 CFR 1500.121 would generally suffice 
to assure that large bins are conspicuously labeled. Smaller cards, 
e.g. 3''  x  5'', 2''  x  4'' would generally be adequate for smaller 
containers for bulk display. To provide an incentive for displaying the 
cards, such cards could include an area for displaying the price of the 
item. As an alternative to providing such labels, the invoice that 
accompanies bulk products or the shipping container of such products 
could contain a clear statement of the requirements of the law.
b. Definition of Bin or Container for Retail Display
    The applicability of the CSPA to traditional dump display bins, 
gold fish bowls, and similar containers that contain loose merchandise 
to be inspected and selected by purchasers themselves is clear. 
However, many commenters questioned whether the law applies to a 
showcase or counter at which items are displayed for inspection by 
purchasers but are selected by a clerk or sales person at the direction 
of the purchasers. Examples include arcades in which premiums are 
redeemed for coupons, carnival booths, and fast food outlets.
    In the absence of any clear indication in the legislation or its 
history that Congress intended to cover display cases and similar 
counters, the Commission interprets the CSPA as requiring labeling only 
for those bins and containers from which consumers select items 
displayed in bulk. The final rule reflects this determination.

11. Small Balls and Marbles

a. Implied Upper Age Limit--Small Balls and Marbles
    The CSPA requires that packages of small balls and marbles intended 
for children three years of age or older, and of toys and games 
containing such balls and marbles, bear precautionary labeling. The 
proposed rule tracked the statutory language. Several commenters 
requested that the Commission establish an upper age limit for the 
purposes of labeling such products. Some suggested that an upper age 
limit of eight years (96 months) would be consistent with the 
provisions of 16 CFR 1500.53 which establishes use-and-abuse testing 
requirements for toys intended for children in this age group. Another 
comment recommended twelve or fourteen years as the upper limit, based 
on the age at which children reach puberty.
    Individual small balls or marbles are generally used in play by 
children of all ages--that is, they are as likely to be used by five to 
seven year olds as they are by nine to eleven year olds. Because there 
is no distinction between the ages of the children who will use them, 
all such products require labeling under the CSPA.
    The Commission, however, distinguishes balls and marbles contained 
in toys and games from those intended for general use. The former are 
often intended for children of a specified age based on the level of 
intellectual or physical development of children in that age group. 
Even in the absence of precautionary labeling, the Commission believes 
it highly unlikely that a parent would consider purchasing a toy or 
game containing a small ball or marble intended for a child over eight 
years of age for a child under three. For example, as the Commission's 
age grading guidelines recognize, nine to twelve year olds have 
developed sufficient fine motor coordination for labyrinth or maze 
games that require maneuvering a marble along a pathway and for games 
requiring careful shooting or aiming of markers. Such games, however, 
would have virtually no play value for children under three. The final 
rule therefore only requires labeling for toys and games containing a 
small ball or marble that are intended for children under 8 years of 
age. This age limit also follows the maximum age limit specified in the 
Commission's regulations prescribing tests to determine whether a 
children's article presents a hazard during reasonably foreseeable use 
or abuse.
b. Balls for General Use in Sports
    One commenter questioned whether ping pong balls and golf balls 
require labeling under the CSPA, reasoning that, since children utilize 
such products, the products qualify as a toy or game intended for 
children under seven years of age. The commenter, however, did not 
address the issue of status of these items as small balls under the 
CSPA.
    The Commission believes that the CSPA was not designed to cover 
balls generally intended for use in sports such as golf or ping pong 
which might incidentally be used by children over three. If, however, 
such a ball is labeled or marketed as being intended for children or is 
part of toy, game, or equipment set specifically intended for children 
over three years of age but less than eight years old, the labeling 
requirements apply.
c. Definition of Ball
    The proposed rule defined a ``ball'' as a spheroid, ovoid, or 
elliptical object that is designed or intended to be thrown, hit, 
kicked, rolled, or bounced. One commenter requested that the definition 
of the term ``ball'' be expanded to include items that are dropped, 
commenting that some toys or games incorporate such a feature. The 
Commission believes that this comment has merit and has revised the 
final rule accordingly. Another commenter questioned whether tethered 
balls are subject to the CSPA only if they fail use and abuse testing. 
Unlike small parts which only present a hazard when they detach during 
use or abuse, small balls present a choking hazard even when tethered. 
Thus, tethered balls are subject to the labeling requirements, 
regardless of whether they pass use or abuse tests. A third commenter 
questioned how to determine whether a ball is permanently enclosed in a 
maze. As discussed previously, the rule does not require use or abuse 
testing to determine whether small parts are present for the purposes 
of CSPA labeling. However, the final rule does reflect a limited 
exception to this determination. The determination of whether a ball is 
permanently enclosed in a maze or similar container [[Page 10751]] is 
made by subjecting the container to the appropriate test in 16 CFR 
1500.52 or 53 simulating the use and abuse of a toy or article intended 
for use by children under three, in the case of banned small balls, or 
three or over for labeling purposes.
d. Marbles
    Since marbles are primarily intended for use by children, the 
labeling requirements generally apply to all packages, games, or toys 
containing marbles. Marbles that are not intended for children include 
collectors' marbles and marbles for ornamental or industrial use. In 
addition, the Commission has excepted from the labeling requirements 
marbles that are permanently enclosed in a game or toy. As is the case 
with small balls, the determination of accessibility can be made by 
applying the tests of 16 CFR 1500.53.
e. Template for Testing Balls
    The proposed regulation bans any ball intended for children under 
three years of age that, under the influence of its own weight, passes, 
in any orientation, through a circular hole with a diameter of 1.75 
inches in a rigid template. One commenter questioned whether the 
template must have the same dimensions as the template used to test 
rattles. The pacifier regulation, 16 CFR 1511 provides a better point 
of reference for testing than the rattle regulation, since the 
procedure for testing pacifiers is similar to that used to test small 
balls. While the final rule does not incorporate all of the external 
dimensions of the pacifier test fixture, to assure that the template is 
rigid, the rule indicates that the depth of the template for testing 
small balls must be at least \1/4\ inch (6mm.), consistent with that of 
the pacifier test fixture.

12. Balloons

    The CSPA requires that the packaging of any latex balloon and any 
descriptive material which accompanies such a balloon bear specific 
labeling statements warning that uninflated balloons or pieces of 
balloons can choke or suffocate children under eight years of age. In 
the case of bulk sales of balloons, the bin, container for retail 
display, or vending machine from which the balloons are sold or 
dispensed must bear the required labeling statements.
a. Unpackaged Balloons Distributed Individually
    One commenter expressed concern that the CSPA may require 
performers, such as professional magicians, who distribute individual 
unpackaged balloons to members of their audiences either to label the 
individual balloons or wear a tag or sign containing the required 
warnings. The law imposes neither requirement feared by the commenter.
    Packages of balloons must bear precautionary labeling. However, the 
bulk sale requirements of the law are designed to require labeling on 
containers in which multiple products are held for retail sale. The 
Commission does not believe that Congress intended these provisions to 
extend to individuals who distribute unpackaged balloons that are not 
held in some form of container for retail display. Thus, unpackaged 
individual balloons distributed as part of a professional performance 
are not subject to the requirement. The same is true for balloons used 
in commercial birthday programs which are blown up prior to arrival of 
the children and are used to decorate the table and party area, even 
though individual balloons may be given to the children as they leave.
    If, however, a performer receives packages of balloons that are 
unlabeled and distributes the packages to the public, the performer 
must take steps to assure that the packages are properly labeled. A 
performer can comply with these requirements by purchasing packages of 
balloons that are properly labeled or by placing a sticker label 
containing the required labeling on unlabeled balloon packages prior to 
distributing them to the public.
b. Books and Videos
    The same commenter questioned the applicability of the labeling 
requirements to books and videos describing balloon sculpture. 
Descriptive material such as a book or videotape would only require 
precautionary labeling when that material is packaged with a package of 
balloons or when the material is intended to be distributed at the same 
time such a package is sold or delivered to a purchaser. The fact that 
a consumer who receives an instructional videotape or book may 
subsequently purchase balloons does not bring the tape or book within 
the ambit of the law. If an individual or company packages or 
distributes to the public a package of balloons together with a 
videotape, instruction sheet, or book that is classified as descriptive 
material, that individual or company has the obligation to assure that 
the descriptive material is properly labeled.

13. Exports

    Some commenters questioned whether the CSPA requirements apply to 
products manufactured in the United States exclusively for export. 
Products intended for export that are labeled in accordance with the 
specifications of the foreign purchaser and with the laws of the 
country to which they are to be exported do not require labeling under 
the CSPA, as long as the shipping container is clearly marked that the 
product is for export and the product is, in fact, exported. 15 U.S.C. 
1264(b)(3). However, under existing Commission policy, the manufacturer 
or exporter of the product must comply with the export notification 
requirements of 15 U.S.C. 1273(d) and 16 C.F.R. 1019.
14. Products Manufactured Outside the United States

    The CSPA includes an alternative to labeling descriptive materials 
for products manufactured outside the United States and shipped 
directly to consumers. Under the alternative, if the shipping container 
contains other accompanying material that is labeled conspicuously, the 
descriptive material need not be labeled. One commenter requested 
clarification that products packaged abroad and shipped to a U.S. 
affiliate for shipment to consumers be included in the scope of this 
exception. The commenter noted that the Senate Report contemplated this 
type of arrangement. The Commission accepts this suggestion and has 
revised the final regulation accordingly.

15. Effective Date

    Several commenters requested that the Commission delay the 
effective date of the final rule to permit package labels to be 
redesigned and printed. Some suggested a delay of six months, while 
others requested a year. However, no commenter provided a detailed 
breakdown of the time frames involved.
    Based on its experience with administering the prominence and 
conspicuousness requirements of 16 CFR 1500.121, the Commission agrees 
that a delayed effective date is appropriate. Accordingly, the final 
regulation becomes effective with respect to products manufactured in 
or imported into the United States six months after publication of the 
final rule. However, since the effective date of the law was January 1, 
1995, the labeling statements required by the act must appear on the 
principal display panel of product packages in advance of publication 
of the final rule. In recognition of this fact, packages with labels 
lithographed or printed before the effective date of the rule may be 
used for a period of up to six months after the effective date if they 
display the specific statements prescribed in the statute on the 
principal display panel in a manner [[Page 10752]] that is generally 
conspicuous. This approach will permit packages containing labeling 
that may not meet some of the more technical aspects of the rule, but 
are in substantial compliance with the requirements of the law, to be 
exhausted. It will also save the unnecessary expense associated with 
destroying such packaging, without compromising safety.

C. Impact on Small Businesses

    In accordance with section 3(b) of the Regulatory Flexibility Act, 
5 U.S.C. 605(b), the Commission certifies that this regulation will not 
have a significant economic impact upon a substantial number of small 
entities. Any obligations imposed upon such entities arise under the 
express provisions of section 24 of the FHSA. This regulation simply 
clarifies the obligations imposed by that law on certain toys, games, 
balloons, marbles, and balls. The regulation itself, therefore, will 
have no significant economic impact on small businesses, either 
beneficial or negative, beyond that which results from the statutory 
provisions.

D. Environmental Considerations

    The proposed rule falls within the provisions of 16 C.F.R. 
1021.5(c) which designates categories of actions conducted by the 
Consumer Product Safety Commission that normally have little or no 
potential for affecting the human environment. The Commission does not 
believe that the rule contains any unusual aspects which may produce 
effects on the human environment, nor can the Commission foresee any 
circumstance in which the rule proposed below may produce such effects. 
For this reason, neither an environmental assessment nor an 
environmental impact statement is required.

List of Subjects in 16 CFR Part 1500

    Business and industry, Consumer protection, Hazardous materials, 
Infants and children, Labeling, Packaging and containers.

E. Conclusion

    Therefore, pursuant to the authority of the Child Safety Protection 
Act of 1994 (Pub. L. 103-267), sections 10(a) and 24(c) of the Federal 
Hazardous Substances Act, (15 U.S.C. 1269(a) and 1278(c)), and 5 U.S.C. 
553, the Consumer Product Safety Commission amends Title 16 of the Code 
of Federal Regulations, Chapter II, Subchapter C, Part 1500 as set 
forth below.

Part 1500--HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND 
ENFORCEMENT REGULATIONS

    1. The authority for Part 1500 is revised to read as follows:

    Authority: 15 U.S.C. 1261-1278, 2079.

    2. Section 1500.18 is amended by revising paragraph (a) 
introductory text and adding paragraph (a)(17) to read as follows:


Sec. 1500.18  Banned toys and other banned articles intended for use by 
children.

    (a) Toys and other articles presenting mechanical hazards. Under 
the authority of sections 2(f)(1)(D) and 24 of the act and pursuant to 
the provisions of section 3(e) of the act, the Commission has 
determined that the following types of toys or other articles intended 
for use by children present a mechanical hazard within the meaning of 
section 2(s) of the act because in normal use, or when subjected to 
reasonably foreseeable damage or abuse, the design or manufacture 
presents an unreasonable risk of personal injury or illness:
* * * * *
    (17) Any ball intended for children under three years of age that, 
under the influence of its own weight, passes, in any orientation, 
entirely through a circular hole with a diameter of 1.75 inches (44.4 
mm.) in a rigid template \1/4\ inches (6 mm.) thick. In testing to 
evaluate compliance with this paragraph, the diameter of opening in the 
Commission's test template shall be no greater than 1.75 inches (44.4 
mm.).
    (i) For the purposes of this paragraph, the term ``ball'' includes 
any spherical, ovoid, or ellipsoidal object that is designed or 
intended to be thrown, hit, kicked, rolled, dropped, or bounced. The 
term ``ball'' includes any spherical, ovoid, or ellipsoidal object that 
is attached to a toy or article by means of a string, elastic cord, or 
similar tether. The term ``ball'' also includes any multi-sided object 
formed by connecting planes into a generally spherical, ovoid, or 
ellipsoidal shape that is designated or intended to be used as a ball, 
and any novelty item of a generally spherical, ovoid, or ellipsoidal 
shape that is designated or intended to be used as a ball.
    (ii) The term ``ball'' does not include dice, or balls permanently 
enclosed inside pinball machines, mazes, or similar outer containers. A 
ball is permanently enclosed if, when tested in accordance with 16 CFR 
1500.52, the ball is not removed from the outer container.
    (iii) In determining whether such a ball is intended for use by 
children under three years of age, the criteria specified in 16 CFR 
1501.2(b) and the enforcement procedure established by 16 CFR 1501.5 
shall apply.
* * * * *
    3. A new section 1500.19 is added, to read as follows:


Sec. 1500.19  Misbranded toys and other articles intended for use by 
children.

    (a) Definitions. For the purposes of this section, the following 
definitions shall apply.
    (1) Ball means a spherical, ovoid, or ellipsoidal object that is 
designed or intended to be thrown, hit, kicked, rolled, dropped, or 
bounced. The term ``ball'' includes any spherical, ovoid, or 
ellipsoidal object that is attached to a toy or article by means of a 
string, elastic cord, or similar tether. The term ``ball'' also 
includes any multi-sided object formed by connecting planes into a 
generally, spherical, ovoid, or ellipsoidal shape that is designated or 
intended to be used as a ball, and any novelty item of a generally 
spherical, ovoid, or ellipsoidal shape that is designated or intended 
to be used as a ball. The term ``ball'' does not include dice, or balls 
permanently enclosed inside pinball machines, mazes, or similar outer 
containers. A ball is permanently enclosed if, when tested in 
accordance with 16 CFR 1500.53, it is not removed from the outer 
container.
    (2) Small ball means a ball that, under the influence of its own 
weight, passes, in any orientation, entirely through a circular hole 
with a diameter of 1.75 inches (44.4 mm.) in a rigid template \1/4\ 
inches (6 mm.) thick. In testing to evaluate compliance with this 
regulation, the diameter of opening in the Commission's test template 
shall be no greater than 1.75 inches (44.4 mm.).
    (3) Latex balloon means a toy or decorative item consisting of a 
latex bag that is designed to be inflated by air or gas. The term does 
not include inflatable children's toys that are used in aquatic 
activities such as rafts, water wings, swim rings, or other similar 
items.
    (4) Marble means a ball made of a hard material, such as glass, 
agate, marble or plastic, that is used in various children's games, 
generally as a playing piece or marker. The term ``marble'' does not 
include a marble permanently enclosed in a toy or game. A marble is 
permanently enclosed if, when tested in accordance with 16 CFR 1500.53, 
it is not removed from the toy or game.
    (5) Small part means any object which, when tested in accordance 
with the procedures contained in 16 CFR [[Page 10753]] 1501.4(a) and 
1501.4(b)(1), fits entirely within the cylinder shown in Figure 1 
appended to 16 CFR part 1501. The use and abuse testing provisions of 
16 CFR 1500.51 through 1500.53 and 1501.4(b)(2) do not apply to this 
definition.
    (6) Package or packaging refers to the immediate package in which a 
product subject to labeling under section 24 of the act is sold, as 
well as to any outer container or wrapping for that package.
    (7) Descriptive material means any discrete piece of written 
material separate from the label of the package that contains an 
instruction (whether written or otherwise) for the use of a product 
subject to these labeling requirements, any depiction of the product, 
and any written material that specifically describes any function, use, 
warnings, user population, design or material specification, or other 
characteristic of the product. A catalog or other marketing material or 
advertisement that depicts other products in addition to the product it 
accompanies is not ``descriptive material'' unless it contains 
additional information, such as instructions for use of the product it 
accompanies or lists of accessories exclusively for use with that 
product, that are designed to focus the purchaser's attention on the 
product. Descriptive material ``accompanies'' a product subject to the 
labeling requirements when it is packaged with the product or when it 
is intended to be distributed with the product at the time of sale or 
delivery to the purchaser. ``Descriptive material'' does not include 
statements that appear on the package of a product subject to the 
labeling requirements. ``Descriptive material'' does not include 
material intended solely for use by children if the package it 
accompanies contains a separate package insert prominently identified 
as a warning for parents that contains the required precautionary 
statements.
    (8) Bin and container for retail display mean containers in which 
multiple unpackaged and unlabeled items are held for direct selection 
by and sale to consumers.
    (b) Misbranded toys and children's articles. Pursuant to sections 
2(p) and 24 of the FHSA, the following articles are misbranded 
hazardous substances if their packaging, any descriptive material that 
accompanies them, and, if unpackaged and unlabeled, any bin in which 
they are held for sale, any container in which they are held for retail 
display, or any vending machine from which they are dispensed, fails to 
bear the labeling statements required in paragraphs (b) (1) through (4) 
and paragraph (f)(3) of this section, or if such labeling statements 
fail to comply with the prominence and conspicuousness requirements of 
paragraph (d) of this section.
    (1) With the exception of paper products such as punch-out games 
and similar items, any toy or game that is intended for use by children 
who are at least three years old but less than six years of age shall 
bear or contain the following cautionary statement if the toy or game 
includes a small part:

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    (2) Any latex balloon, or toy or game that contains a latex 
balloon, shall bear the following cautionary statement:

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    (3)(I) Any small ball intended for children three years of age or 
older shall bear the following cautionary statement:

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[[Page 10754]]

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    (ii) Any toy or game intended for children who are at least three 
years old but less than eight years of age that contains a small ball 
shall bear the following cautionary statement:

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    (4)(i) Any marble intended for children three years of age or older 
shall bear the following cautionary statement:
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BILLING CODE 6355-01-C
    [[Page 10755]] (ii) Any toy or game intended for children who are 
at least three years old but less than eight years of age that contains 
a marble shall bear the following cautionary statement:
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BILLING CODE 6355-01-C

    (c) Age of intended user. In determining the ages of the children 
for which any toy or article subject to this section is intended, the 
following factors are relevant: the manufacturer's stated intent (such 
as the age stated on a label) if it is reasonable; the advertising, 
marketing, and promotion of the article; and whether the article is 
commonly recognized as being intended for children in this age group. 
In enforcing this provision, the Commission will follow the procedures 
set forth in 16 CFR 1501.5.
    (d) Prominence and conspicuousness of labeling statements. The 
requirements of 16 CFR 1500.121 relating to the prominence and 
conspicuousness of precautionary labeling statements for hazardous 
substances shall apply to any labeling statement required under 
Sec. 1500.19(b) and (f), with the following clarifications and 
modifications.
    (1) All labeling statements required by Sec. 1500.19(b) and (f) 
shall be in the English language. The statements required by paragraph 
(b) need not appear in the format and layout depicted in paragraph (b). 
The statements required by 16 CFR 1500.19(b) and (f) shall be blocked 
together within a square or rectangular area, with or without a border. 
This means that the statements must appear on at least two lines. The 
statements shall be separated from all other graphic material by a 
space no smaller than the minimum allowable height of the type size for 
other cautionary material (e.g., the phrase ``Not for children under 3 
yrs.''). If not separated by that distance, the labeling statements 
must be surrounded by a border line. Label design, the use of 
vignettes, or the proximity of other labeling or lettering shall not 
obscure or render inconspicuous any labeling statement required under 
Sec. 1500.19(b) and (f). This means that such statements shall appear 
on a solid background, which need not differ from the background color 
or any other color on the package label.
    (2) The words ``WARNING'' or ``SAFETY WARNING'' required by section 
24 of the FHSA shall be regarded as signal words.
    (3) The statement ``CHOKING HAZARD'' shall be regarded as a 
statement of the principal hazard associated with the products subject 
to this section.
    (4) All other remaining statements required by this section shall 
be regarded as ``other cautionary material'' as that term is defined in 
16 CFR 1500.121(a)(2)(viii).
    (5) The principal display panel for a bin, container for retail 
display, or vending machine shall be the side or surface designed to be 
most prominently displayed, shown, or presented to, or examined by, 
prospective purchasers. In the case of bins or containers for retail 
display, the cautionary material may be placed on a display card of a 
reasonable size in relationship to the surface area of the bin or 
container. The area of the display card shall constitute the area of 
the principal display panel. In the case of vending machines that 
contain a display card, the cautionary label may be placed either on 
the display card, on the coinage indicator decal, or on the glass or 
clear plastic of the machine. If there is no display card inside a 
vending machine, the size of the principal display panel will be 
calculated in accordance with 16 CFR 1500.121(c) based on the size of 
the front of the container from which items are dispensed, exclusive of 
the area of metal attachments, coin inserts, bases, etc. Any other side 
or surface of such a bin, container for retail sale, or vending machine 
that bears information, such as price or product description, for 
examination by purchasers shall be deemed to be a principal display 
panel, excluding any side or surface with information that only 
identifies the company that owns or operates a vending machine.
    (6) All of the labeling statements required by this section, 
including those classified as ``other cautionary material,'' must 
appear on the principal display panel of the product, except as 
provided for by Sec. 1500.19(f). Any signal word shall appear on the 
same line and in close proximity to the triangle required by section 24 
of the act. Multiple messages should be provided with sufficient space 
between them, when feasible, to prevent them from visually blending 
together.
    (7) All labeling statements required by this section shall comply 
with the following type size requirements. 16 CFR 1500.121(c)(1) 
explains how to compute the area of the principal display panel and 
letter height.

Area sq. in.............................................         0-2        +2-5       +5-10      +10-15      +15-30     +30-100    +100-400        +400
 Type Size..............................................  ..........  ..........  ..........  ..........  ..........  ..........  ..........  ..........
Sig. Wd.................................................    \3/64\''    \1/16\''    \3/32\''    \7/64\''     \1/8\''    \5/32\''     \1/4\''     \1/2\''
St. Haz.................................................    \3/64\''    \3/64\''    \1/16\''    \3/32\''    \3/32\''    \7/64\''    \5/32\''     \1/4\''
Oth. Mat................................................    \1/32\''    \3/64\''    \1/16\''    \1/16\''    \5/64\''    \3/32\''    \7/64\''    \5/32\''
                                                                                                                                                        

    (8) Labeling required by this section that appears on a bin, 
container for retail display, or vending machine shall be in reasonable 
proximity to any pricing or product information contained on the 
principal display [[Page 10756]] panel, or, if such information is not 
present, in close proximity to the article that is subject to the 
labeling requirements.
    (9) Descriptive material that accompanies a product subject to the 
labeling requirements, including accompanying material subject to the 
alternative allowed by Sec. 1500.19(f), shall comply with the 
requirements of 16 CFR 1500.121(c)(6) relating to literature containing 
instructions for use which accompanies a hazardous substance. If the 
descriptive material contains instructions for use, the required 
precautionary labeling shall be in reasonable proximity to such 
instructions or directions and shall be placed together within the same 
general area (see 16 CFR 1500.121(c)(6)).
    (10) In the case of any alternative labeling statement permitted 
under Sec. 1500.19(e), the requirements of 16 CFR 1500.121(b)(3) and 
1500.121(c)(2)(iii) shall apply to statements or indicators on the 
principal display panel directing attention to the complete cautionary 
labeling that appears on another display panel.
    (11) Any triangle required by this section shall be an equilateral 
triangle. The height of such a triangle shall be equal to or exceed the 
height of the letters of the signal word ``WARNING''. The height of the 
exclamation point inside the triangle shall be at least half the height 
of the triangle, and the exclamation point shall be centered vertically 
in the triangle. The triangle shall be separated from the signal word 
by a distance at least equal to the space occupied by the first letter 
of the signal word. In all other respects, triangles with exclamation 
points shall conform generally to the provisions of 16 CFR 1500.121 
relating to signal words.
    (e) Combination of labeling statements. The labels of products that 
contain more than one item subject to the requirements of this section 
may combine information relating to each of the respective hazards, if 
the resulting condensed statement contains all of the information 
necessary to describe the hazard presented by each article. However, in 
the case of a product that contains a balloon and another item subject 
to the labeling requirements, only the signal word and statement of 
hazard may be combined.
    (f) Alternative labeling statements for small packages. Any 
cautionary statement required by section 1500.19(b) may be displayed on 
a display panel of the package of a product subject to the labeling 
requirement other than the principal display panel only if:
    (1) The package has a principal display panel of 15 square inches 
or less,
    (2) The full labeling statement required by paragraph (b) of this 
section is displayed in three or more languages on another display 
panel of the package of the product, and
    (3)(i) In the case of a toy or game subject to Sec. 1500.19(b)(1), 
a small ball subject to Sec. 1500.19(b)(3), a marble subject to 
Sec. 1500.19(b)(4), or a toy or game containing such a ball or marble, 
the principal display panel of the package bears the statement:

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and bears an arrow or other indicator pointing toward or directing the 
purchaser's attention to the display panel on the package where the 
full labeling statement appears, or
    (ii) In the case of a balloon subject to Sec. 1500.19(b)(2) or a 
toy or game containing such a balloon, the principal display panel 
bears the statement:

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BILLING CODE 6355-01-C

and bears an arrow or other indicator pointing toward or directing the 
purchaser's attention to the display panel on the package where the 
full labeling statement appears.
    (g) Alternative for products manufactured outside the United 
States. In the case of a product subject to the labeling requirements 
of Sec. 1500.19(b) which is manufactured outside the United States and 
is shipped directly from the manufacturer to the consumer by United 
States mail or other delivery service in an immediate package that 
contains descriptive material, the descriptive material inside the 
immediate package of the product need not bear the required labeling 
statement only if the shipping container of the product contains other 
accompanying material that bears the required statements displayed in a 
prominent and conspicuous manner. Products shipped from abroad to a 
U.S. affiliate for shipment to consumers are included within the scope 
of this exception.
    (h) Preemption. Section 101(e) of the Child Safety Protection Act 
of 1994 prohibits any state or political subdivision of a state from 
enacting or enforcing any requirement relating to cautionary labeling 
addressing small parts hazards or choking hazards associated with any 
toy, game, marble, small ball, or balloon intended or suitable for use 
by children unless the state or local requirement is identical to a 
requirement established by section 24 of the FHSA or by 16 CFR 1500.19. 
Section 101(e) allows a state or political subdivision of a state to 
enforce a non-identical requirement relating to cautionary labeling 
warning of small parts hazards or choking hazards associated with any 
toy subject to the provisions of section 24 of FHSA until January 1, 
1995, if the non-identical requirement was in effect on October 2, 
1993.

    Dated: February 17, 1995.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 95-4484 Filed 2-24-95; 8:45 am]
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