[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27960]
[[Page Unknown]]
[Federal Register: November 14, 1994]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
Statement of Enforcement Policy; Labeling and Banning Provisions
of the Child Safety Protection Act
AGENCY: Consumer Product Safety Commission.
ACTION: Statement of Enforcement Policy.
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SUMMARY: Recently, Congress enacted the Child Safety Protection Act of
1994 (``CSPA'') by adding a new section 24 to the Federal Hazardous
Substances Act (``FHSA''). This new section 24 places labeling
requirements on balloons, small balls, marbles, and certain toys and
games intended for use by children at least 3 years old but not older
than 6 years. It also bans small balls (with a diameter of 1.75 inches
or less) that are intended for use by children younger than 3 years of
age. Under the statute, these provisions of the CSPA will become
effective on January 1, 1995 and will apply to products entering into
commerce on or after that date. This statement of enforcement policy
explains the Commission's intention to enforce these provisions of the
CSPA when they take effect.
DATES: This statement of enforcement policy becomes effective on
November 14, 1994.
FOR FURTHER INFORMATION CONTACT: Michael J. Gidding, Attorney, Office
of Compliance and Enforcement, Consumer Product Safety Commission,
Washington, DC 20207; telephone (301) 504-0626, ext. 1344.
SUPPLEMENTARY INFORMATION:
A. Background: the Statute
On June 16, 1994, Congress amended the Federal Hazardous Substances
Act (``FHSA'') and enacted the Child Safety Protection Act (``CSPA'').
Congress intended that the act generally provide greater protection for
small children against the hazard of choking on small items. The CSPA
provides for a new section 24 of the FHSA. This section imposes
precautionary labeling requirements for (1) latex balloons, (2) small
balls (with a diameter of 1.75 inches or less) intended for children 3
years or older, (3) marbles intended for children 3 years of age or
older, (4) any toy or game intended for children three years or older
that contains a small ball or marble, (5) any toy or game that contains
a latex balloon, and (6) any toy or game which includes a small part
and is intended for children at least 3 years old but not older than 6.
In addition to these labeling requirements, section 24 bans small balls
that have a diameter of 1.75 inches or less and are intended for
children under three years of age.
The new section 24 specifies the text of the warning labels that
must appear on these products. It also provides that, in general, these
cautionary statements must be displayed on the principal display panel
of the product's package. The statute also requires that the warning
statements must be in English and be conspicuous. Products subject to
these labeling requirements that do not bear the required labeling will
be misbranded hazardous substances under section 2(p) of the FHSA. 15
U.S.C. 1261(p).
B. Background: the Proposed Regulations
The CSPA directs the Commission to issue regulations to implement
the new requirements of section 24 of the FHSA. On July 1, 1994, the
Commission issued proposed regulations to incorporate the requirements
of the CSPA into the Code of Federal Regulations and to interpret or
clarify certain provisions of the legislation. 59 FR 33932. The
Commission is in the process of reviewing public comments responding to
the proposed rule and is developing a final rule. The Commission
anticipates issuing a final rule in the early part of 1995. The
Commission will not be enforcing the requirements of these regulations
until after publication of the final rule.
C. Enforcement Policy
The staff has received several inquiries concerning enforcement of
the new labeling and banning provisions. Although the statute is clear
as to its effective date and specifies the text of the labeling
statement it requires, to alleviate any possible confusion, the
Commission offers this guidance.
Section 101 of the CSPA specifically provides that the labeling and
banning provisions of the law shall take effect January 1, 1995. The
labeling requirements only apply to products that enter into commerce
on or after that date. Accordingly, packages for products that are
subject to the requirements of the act and that are manufactured in or
imported into the United States on or after January 1, 1995 must bear
the labeling statements specified in the law. The statute further
provides that the required statement must appear on the principal
display panel of the package in conspicuous and legible type in
contrast by typography, layout or color with other printed matter.
These statutory provisions do not depend on the promulgation of final
regulations.
The labels of products subject to the act are not required to
comply with the specific requirements of the proposed rule until a
final rule is published and goes into effect. The Commission also notes
that it is not necessary that the labeling statements required by the
act be incorporated into the lithography of a package label. Sticker
labels can be used to comply with the requirements.
Dated: November 7, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-27960 Filed 11-10-94; 8:45 am]
BILLING CODE 6355-01-P
