[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Rules and Regulations]
[Pages 70647-70648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33865]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
Codification of Guidance Policy on Hazardous Liquids in Consumer
Products
AGENCY: Consumer Product Safety Commission.
ACTION: Final policy statement.
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SUMMARY: The Commission codifies a statement, issued previously and
published in the Federal Register, that provides guidance for
manufacturers, importers, distributors, and retailers of consumer
products that are filled with a liquid, usually to help provide some
type of visual effect. Examples of such products are paperweights
containing snow scenes or boats, and some keychains and pens. To
protect children and other persons from toxic effects of exposure to
these liquids, the Commission recommends that manufacturers of such
products not fill the products with hazardous liquids. Further, the
Commission recommends that, before purchasing liquid-filled products
for resale, importers, distributors, and retailers obtain assurances
from the manufacturers that the products do not contain hazardous
liquids.
DATES: This codification is effective December 22, 1998. This policy
has been applicable since May 13, 1998.
FOR FURTHER INFORMATION CONTACT: Frank Krivda, Office of Compliance,
Consumer Product Safety Commission, Washington, D.C. 20207; telephone
(301) 504-0400, ext. 1372.
SUPPLEMENTARY INFORMATION: On May 28, 1998, the Commission published in
the Federal Register the text of a document that provides guidance for
manufacturers, importers, distributors, and retailers of consumer
products that may contain hazardous liquids. 63 FR 29182. To protect
children and other persons from the toxic effects of exposure to these
chemicals, the Commission recommends that manufacturers of such
products refrain from filling the products with hazardous liquids.
Further, the Commission recommends that, before purchasing such
products for resale, importers, distributors, and retailers obtain
assurances from manufacturers that liquid-filled children's products do
not contain hazardous liquid chemicals.
In order to make this policy more accessible to interested parties,
the Commission is codifying the policy as 16 CFR 1500.231.
Since this is a statement of policy and an interpretative rule,
neither a general notice of proposed rulemaking nor a delayed effective
date is required. 5 U.S.C. 553(d)(2). A delayed effective date is not
required for the additional reason that this policy is not a
substantive rule. 5 U.S.C. 553(d)(3). Accordingly, this codification
will become effective immediately upon its publication in the Federal
Register.
List of Subjects in 16 CFR Part 1500
Consumer protection, Hazardous substances, Imports, Infants and
children, Labeling, Law enforcement, Reporting and recordkeeping
requirements, and Toys.
For the reasons given above, the Commission amends 16 CFR Part 1500
as follows:
[[Page 70648]]
PART 1500--[AMENDED]
1. The authority citation for part 1500 continues to read as
follows:
Authority: 15 U.S.C. 1261-1278.
2. A new Sec. 1500.231 is added, to read as follows:
Sec. 1500.231 Guidance for hazardous liquid chemicals in children's
products.
(a) Summary. The U.S. Consumer Product Safety Commission issues
this guidance to manufacturers, importers, distributors, and retailers
to protect children from exposure to hazardous chemicals found in
liquid-filled children's products, such as rolling balls, bubble
watches, necklaces, pens, paperweights, keychains, liquid timers, and
mazes.1 The Commission identifies the major factors that it
considers when evaluating liquid-filled children's products that
contain hazardous chemicals, and informs the public of its experience
with exposure to these hazardous chemicals to children. To reduce the
risk of exposure to hazardous chemicals, such as mercury, ethylene
glycol, diethylene glycol, methanol, methylene chloride, petroleum
distillates, toluene, xylene, and related chemicals, the Commission
requests manufacturers to eliminate the use of such chemicals in
children's products. The Commission also recommends that, before
purchasing products for resale, importers, distributors, and retailers
obtain assurances from manufacturers that liquid-filled children's
products do not contain hazardous liquid chemicals.
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\1\ This guidance is not a rule. It is intended to highlight
certain obligations under the Federal Hazardous Substances Act.
Companies should read that Act and the accompanying regulations in
this part for more detailed information.
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(b) Hazard. During reasonably foreseeable handling or use of
liquid-filled children's products, hazardous chemicals may become
accessible to young children in a manner that places children at risk.
Young children are exposed to the chemicals from directly mouthing them
or from handling such objects and subsequent hand-to-mouth or hand-to-
eye activity. The specific type and frequency of behavior that a child
exposed to a product will exhibit depends on the age of the child and
the characteristics and pattern of use of the product. The adverse
health effects of these chemicals to children include chemical
poisoning from ingestion of the chemicals, pneumonia from aspiration of
the chemicals into the lungs, and skin and eye irritation from exposure
to the chemicals. The chemicals may also be combustible.
(c) Guidance. (1) Under the Federal Hazardous Substances Act
(FHSA), products that are toxic or irritants and that may cause
substantial injury or illness under reasonably foreseeable conditions
of handling or use, including reasonably foreseeable ingestion by
children, are ``hazardous substances.'' 15 U.S.C. 1261(f)(1). A product
that is not intended for children, but that creates a risk of
substantial injury or illness because it contains hazardous chemicals,
requires precautionary labeling under the Act. 15 U.S.C. 1261(p). A toy
or other article intended for use by children that contains an
accessible and harmful amount of a hazardous chemical is banned. 15
U.S.C. 1261(q)(1)(A). In evaluating the potential hazard associated
with children's products that contain hazardous chemicals, the
Commission's staff considers certain factors on a case-by-case basis,
including: the total amount of the hazardous chemical in a product, the
accessibility of the hazardous chemicals to children, the risk
presented by that accessibility, the age and foreseeable behavior of
the children exposed to the product, and the marketing, patterns of
use, and life cycle of the product.
(2) The Commission's staff has identified a number of liquid-filled
children's products, such as rolling balls, bubble watches, necklaces,
pens, paperweights, maze toys, liquid timers, and keychains, that
contain hazardous chemicals. In several of these cases, the staff
determined that these products violated the FHSA because they presented
a risk of chemical poisoning and/or chemical pneumonia from aspiration.
This determination resulted in recalls or in the replacement of those
products with substitutes, as well as in agreements with the
manufacturers to discontinue the use of hazardous chemicals in liquid-
filled children's products in future production. The Commission
believes that these hazardous substances pose a risk to young children
and, consequently, manufacturers should not have included them in the
product design or manufacturing process.
(3) Therefore, the Commission considers the use of hazardous
chemicals in children's products such as those described above to be
ill-advised and encourages manufacturers to avoid using them in such
products. Further, the Commission recommends that, before purchasing
such products for resale, importers, distributors, and retailers obtain
assurances from the manufacturers that liquid-filled children's
products do not contain hazardous liquid chemicals.
Dated: December 17, 1998.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 98-33865 Filed 12-21-98; 8:45 am]
BILLING CODE 6355-01-U
