[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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