[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