[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Rules and Regulations]
[Pages 41801-41802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19627]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
Labeling Certain Toys and Games Pursuant to the Child Safety
Protection Act; Revision to final rule
AGENCY: Consumer Product Safety Commission.
ACTION: Revision to final rule.
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SUMMARY: The Child Safety Protection Act of 1994 (``CSPA'') requires,
in part, toys or games that are intended for children between three and
six years of age and contain small parts to bear specific precautionary
labels. On February 27, 1995, the Commission issued a final rule
interpreting certain provisions of the CSPA. As the preamble to the
final rule noted, the Commission did not then resolve the issue of
labeling for products exempt from the Commission's existing small parts
rule. This revision clarifies that the labeling requirements do not
apply to toys and games intended for children three to six years of age
that would otherwise be exempt from the banning provisions of the
Commission's small parts regulation if they were intended for children
under three.
DATES: This regulation becomes effective on August 14, 1995.
FOR FURTHER INFORMATION CONTACT: Frank Krivda, Office of Compliance and
Enforcement, Consumer Product Safety Commission, 4440 East West
Highway, Bethesda, MD 20814 (Mailing address: Washington, D.C. 20207),
telephone (301) 504-0400, ext. 1372.
SUPPLEMENTARY INFORMATION:
A. Background
In 1979, the Commission promulgated regulations to identify and ban
products which contain small parts that present choking or aspiration
hazards to children under three years of age (``the small parts
regulation''). The regulation, in part, prescribes a test method to
determine whether small parts are present in a product as marketed or
after the product is subjected to reasonably foreseeable use or abuse.
The regulation also exempts a number of products such as finger paints,
modeling clay, writing materials, and children's grooming, feeding, and
hygiene products from the testing requirements because they cannot be
manufactured in a manner that passes the testing requirements and still
remain functional.
In 1994, the Child Safety Protection Act (``CSPA'') established,
inter alia, labeling requirements for toys and games that contain small
parts and are intended for children between the ages of three and six.
15 U.S.C. 1278. The primary purpose of these requirements is to alert
prospective purchasers that such products are not appropriate for
children under three years of age because of the potential choking
hazard. On February 27, 1995, the Commission published a regulation to
implement the requirements of the CSPA. 60 FR 10742. The Commission
considered the issue raised by commenters of whether toys or games
exempt from the small parts regulation (``otherwise exempt products'')
require labeling when they are intended for children between three and
six years of age. The Commission discussed the issue in the preamble to
the final rule, 60 FR 10749, but left it unresolved, pending
appointment of a third Commissioner.
Neither the CSPA nor its legislative history expressly address
whether otherwise exempt products require labeling when they are
intended for children three to six years of age. However, requiring
labeling for such products would create an apparent inconsistency with
requirements of the small parts regulation. Specifically, if
[[Page 41802]]
the CSPA applied, an otherwise exempt product with a small part
intended for children between three and six would require labeling
alerting purchasers of the hazards of the product to children under
three. However, if the same product were intended for children under
three, it would neither be banned nor require any labeling, even though
it presented the very same hazard. Of even greater difficulty, if an
exempt product intended for children two to five years old (as often
happens) required labeling under the CSPA because some of its users
were over three, the product would theoretically have to bear a warning
not to purchase the product for children under three, even though it is
specifically intended for two to three year old children.
In view of the foregoing, the Commission is revising the final
labeling rule under the CSPA to clarify that products containing small
parts and intended for children at least three years of age but less
than six years old, are exempt from the labeling requirements if the
same products, when intended for children under three, would be exempt
from the small parts banning regulation. This labeling exemption does
not, however, apply to balloons, which the CSPA expressly requires to
bear precautionary labeling. 15 U.S.C. 1278(b)(1).
B. Notice
The Commission issued a notice of proposed rulemaking (``NPR'')
concerning the labeling requirements of the CSPA on July 1, 1994, 59 FR
33932, which provided an opportunity for comments on issues including
labeling of exempt products. Comments on this issue were received, and
these were discussed in the preamble to the final rule, but the
Commission did not resolve the issue. See 60 FR 10742, 10749. Because
the NPR provided an opportunity for public comment, no additional NPR
is necessary.
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 if issued on a final basis. Inasmuch as the revision exempts
certain products from the labeling requirements of the CSPA, it imposes
no obligation on any entity. Therefore, the revision itself will not
have a significant economic impact on small businesses, either
beneficial or negative.
D. Environmental Considerations
This action falls within the provisions of 16 CFR 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 revision contains any unusual aspects which may produce effects on
the human environment, nor can the Commission foresee any circumstance
in which the rule issued below may produce such effects. For this
reason, neither an environmental assessment nor an environmental impact
statement is required.
E. Effective Date
This revision will become effective immediately upon publication of
the final regulation in the Federal Register. The immediate effective
date is appropriate because the revision brings no change in current
practice. In the preamble to the February 27, 1995 rule, the Commission
stated that until the Commission voted on this issue, ``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.'' 60
FR 10749. This rule continues the interpretation that exempt products
do not require labeling under the CSPA. Thus, the Commission determines
that there is good cause for an immediate effective date.
List of Subjects in 16 CFR Part 1500
Business and industry, Consumer protection, Hazardous materials,
Infants and children, Labeling, Packaging and containers, toys.
Conclusion
Therefore, pursuant to the authority of the Child Safety Protection
Act [Pub. L. No. 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 CPSC 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 continues to read as follows:
Authority: 15 U.S.C. 1261-1278, 2079.
2. Section 1500.19(b)(1) introductory text preceding the warning
statement is revised to read as follows:
Sec. 1500.19(b) Misbranded toys and other articles intended for
children.
* * * * *
(1) With the exception of books and other articles made of paper,
writing materials such as crayons, chalk, pencils, and pens, modeling
clay and similar products, fingerpaints, watercolors, and other paint
sets, and any other article identified in 16 CFR 1501.3 (other than
balloons), any article that is a toy or game 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:
* * * * *
Dated: August 3, 1995.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 95-19627 Filed 8-11-95; 8:45 am]
BILLING CODE 6355-01-P
