[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