Subchapter C—Federal Hazardous Substances Act Regulations

SUBCHAPTER C—FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS

PART 1500—HAZARDOUS SUB- 1500.52 Test methods for simulating use and abuse of toys and other articles intended STANCES AND ARTICLES; ADMIN- for use by children over 18 but not over 36 ISTRATION AND ENFORCEMENT months of age. REGULATIONS 1500.53 Test methods for simulating use and abuse of toys and other articles intended Sec. for use by children over 36 but not over 96 1500.1 Scope of subchapter. months of age. 1500.2 Authority. 1500.81 Exemptions for food, drugs, cos- 1500.3 Definitions. metics, and fuels. 1500.4 Human experience with hazardous 1500.82 Exemption from full labeling and substances. other requirements. 1500.5 Hazardous mixtures. 1500.83 Exemptions for small packages, 1500.12 Products declared to be hazardous minor hazards, and special cir- substances under section 3(a) of the act. cumstances. 1500.13 Listing of ‘‘strong sensitizer’’ sub- 1500.85 Exemptions from classification as stances. banned hazardous substances. 1500.14 Products requiring special labeling 1500.86 Exemptions from classification as a under section 3(b) of the act. banned toy or other banned article for 1500.15 Labeling of fire extinguishers. use by children. 1500.17 Banned hazardous substances. 1500.87 Children’s products containing lead: 1500.18 Banned toys and other banned arti- inaccessible component parts. cles intended for use by children. 1500.88 Exemptions from lead limits under 1500.19 Misbranded toys and other articles section 101 of the Consumer Product intended for use by children. Safety Improvement Act for certain elec- 1500.20 Labeling requirement for advertising tronic devices. toys and games. 1500.89 Procedures and requirements for de- 1500.40 Method of testing toxic substances. terminations regarding lead content of 1500.41 Method of testing primary irritant materials or products under section substances. 101(a) of the Consumer Product Safety 1500.42 Test for eye irritants. Improvement Act. 1500.43 Method of test for flashpoint of vola- 1500.90 Procedures and requirements for ex- tile flammable materials by Tagliabue clusions from lead limits under section open-cup apparatus. 101(b) of the Consumer Product Safety 1500.43a Method of test for flashpoint of Improvement Act. volatile flammable materials. 1500.91 Determinations regarding lead con- 1500.44 Method for determining extremely tent for certain materials or products flammable and flammable solids. under section 101 of the Consumer Prod- 1500.45 Method for determining extremely uct Safety Improvement Act. flammable and flammable contents of 1500.121 Labeling requirements; prominence, self-pressurized containers. placement, and conspicuousness. 1500.46 Method for determining flashpoint of 1500.122 Deceptive use of disclaimers. extremely flammable contents of self- 1500.123 Condensation of label information. pressurized containers. 1500.125 Labeling requirements for accom- 1500.47 Method for determining the sound panying literature. pressure level produced by toy caps. 1500.126 Substances determined to be ‘‘spe- 1500.48 Technical requirements for deter- cial hazards.’’ mining a sharp point in toys and other 1500.127 Substances with multiple hazards. articles intended for use by children 1500.128 Label comment. under 8 years of age. 1500.129 Substances named in the Federal 1500.49 Technical requirements for deter- Caustic Poison Act. mining a sharp metal or glass edge in 1500.130 Self-pressurized containers: label- toys and other articles intended for use ing. by children under 8 years of age. 1500.133 Extremely flammable contact adhe- 1500.50 Test methods for simulating use and sives; labeling. abuse of toys and other articles intended 1500.134 Policy on first aid labeling for sa- for use by children. line emesis. 1500.51 Test methods for simulating use and 1500.135 Summary of guidelines for deter- abuse of toys and other articles intended mining chronic toxicity. for use by children 18 months of age or 1500.210 Responsibility. less. 1500.211 Guaranty.

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1500.212 Definition of guaranty; suggested (ii) The Child Protection and Toy forms. Safety Act of 1969 (Pub. L. 91–113, 83 1500.213 Presentation of views under section Stat. 187–90). 7 of the act. (iii) The Poison Prevention Pack- 1500.214 Examinations and investigations; aging Act of 1970 (Pub. L. 91–601, 84 samples. 1500.230 Guidance for lead (Pb) in consumer Stat. 1670–74). products. (2) Commission means the Consumer 1500.231 Guidance for hazardous liquid Product Safety Commission estab- chemicals in children’s products. lished May 14, 1973, pursuant to provisions of the Consumer Product Safety IMPORTS Act (Pub. L. 92–573, 86 Stat. 1207–33 (15 1500.265 Imports; definitions. U.S.C. 2051–81)). 1500.266 Notice of sampling. (b) Statutory definitions. Except for 1500.267 Payment for samples. the definitions given in section 2 (c) 1500.268 Hearing. and (d) of the act, which are obsolete, 1500.269 Application for authorization. the definitions set forth in section 2 of 1500.270 Granting of authorization. the act are applicable to this part and 1500.271 Bonds. are repeated for convenience as follows 1500.272 Costs chargeable in connection with (some of these statutory definitions are relabeling and reconditioning inadmissible imports. interpreted, supplemented, or provided with alternatives in paragraph (c) of AUTHORITY: 15 U.S.C. 1261–1278, 122 Stat. this section): 3016. (1) Territory means any territory or EFFECTIVE DATE NOTE: At 75 FR 81788, Dec. possession of the United States, includ- 28, 2010, part 1500 authority citation was re- ing the District of Columbia and the vised, effective June 28, 2011. For the conven- Commonwealth of Puerto Rico but ex- ience of the user, the revised text is set forth cluding the Canal Zone. as follows: (2) Interstate commerce means (i) com- AUTHORITY: 15 U.S.C. 1261–1278, 122 Stat. 3016; the Consumer Product Safety Improve- merce between any State or territory ment Act of 2008, Pub. L. 110–314, § 104, 122 and any place outside thereof and (ii) Stat. 3016 (August 14, 2008). commerce within the District of Co- lumbia or within any territory not or- SOURCE: 38 FR 27012, Sept. 27, 1973, unless otherwise noted. ganized with a legislative body. (3) Person includes an individual, § 1500.1 Scope of subchapter. partnership, corporation, and association. Set forth in this subchapter C are the (4)(i) Hazardous substance means: regulations of the Consumer Product (A) Any substance or mixture of sub- Safety Commission issued pursuant to stances which is toxic, corrosive, an ir- and for the implementation of the Fed- ritant, a strong sensitizer, flammable eral Hazardous Substances Act as or combustible, or generates pressure amended (see § 1500.3(a)(1)). through decomposition, heat, or other § 1500.2 Authority. means, if such substance or mixture of substances may cause substantial per- Authority under the Federal Haz- sonal injury or substantial illness dur- ardous Substances Act is vested in the ing or as a proximate result of any cus- Consumer Product Safety Commission tomary or reasonably foreseeable han- by section 30(a) of the Consumer Prod- dling or use, including reasonably fore- uct Safety Act (15 U.S.C. 2079(a)). seeable ingestion by children. (B) Any substance which the Com- § 1500.3 Definitions. mission by regulation finds, pursuant (a) Certain terms used in this part. As to the provisions of section 3(a) of the used in this part: act, meet the requirements of section (1) Act means the Federal Hazardous 2(f)(1)(A) of the act (restated in (A) Substances Act (Pub. L. 86–613, 74 Stat. above). 372–81 (15 U.S.C. 1261–74)) as amended (C) Any radioactive substance if, by: with respect to such substance as used (i) The Child Protection Act of 1966 in a particular class of article or as (Pub. L. 89–756, 80 Stat. 1303–05). packaged, the Commission determines

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by regulation that the substance is suf- centration of 200 parts per million by ficiently hazardous to require labeling volume or less of gas or vapor or 2 mil- in accordance with the act in order to ligrams per liter by volume or less of protect the public health. mist or dust, provided such concentra- (D) Any toy or other article intended tion is likely to be encountered by man for use by children which the Commis- when the substance is used in any rea- sion by regulation determines, in ac- sonably foreseeable manner; or cordance with section 3(e) of the act, (C) Produces death within 14 days in presents an electrical, mechanical, or half or more than half of a group of 10 thermal hazard. or more rabbits tested in a dosage of (ii) Hazardous substance shall not 200 milligrams or less per kilogram of apply to pesticides subject to the Fed- body weight, when administered by eral Insecticide, Fungicide, and continuous contact with the bare skin Rodenticide Act, to foods, drugs, and for 24 hours or less. cosmetics subject to the Federal Food, (ii) If the Commission finds that Drug, and Cosmetic Act, nor to sub- available data on human experience stances intended for use as fuels when with any substance indicate results dif- stored in containers and used in the ferent from those obtained on animals heating, cooking, or refrigeration sys- in the dosages and concentrations spec- tem of a house. ‘‘Hazardous substance’’ ified in paragraph (b)(6)(i) of this sec- shall apply, however, to any article tion, the human data shall take prece- which is not itself a pesticide within dence. the meaning of the Federal Insecticide, (7) Corrosive means any substance Fungicide, and Rodenticide Act but which in contact with living tissue will which is a hazardous substance within cause destruction of tissue by chemical the meaning of section 2(f)(1) of the action, but shall not refer to action on Federal Hazardous Substances Act (re- inanimate surfaces. stated in paragraph (b)(4)(i) of this section) by reason of bearing or con- (8) Irritant means any substance not taining such a pesticide. corrosive within the meaning of sec- (iii) Hazardous substance shall not in- tion 2(i) of the act (restated in para- clude any source material, special nu- graph (b)(7) of this section) which on clear material, or byproduct material immediate, prolonged, or repeated con- as defined in the Atomic Energy Act of tact with normal living tissue will in- 1954, as amended, and regulations duce a local inflammatory reaction. issued pursuant thereto by the Atomic (9) Strong sensitizer means a substance Energy Commission. which will cause on normal living tis- (5) Toxic shall apply to any substance sue through an allergic or (other than a radioactive substance) photodynamic process a hyper- which has the capacity to produce per- sensitivity which becomes evident on sonal injury or illness to man through reapplication of the same substance ingestion, inhalation, or absorption and which is designated as such by the through any body surface. Commission. Before designating any (6)(i) Highly toxic means any sub- substance as a strong sensitizer, the stance which falls within any of the Commission, upon consideration of the following categories: frequency of occurrence and severity of (A) Produces death within 14 days in the reaction, shall find that the sub- half or more than half of a group of 10 stance has a significant potential for or more laboratory white rats each causing hypersensitivity. weighing between 200 and 300 grams, at (10) The terms extremely flammable, a single dose of 50 milligrams or less flammable, and combustible as they per kilogram of body weight, when apply to any substances, liquid, solid, orally administered; or or the contents of any self-pressurized (B) Produces death within 14 days in container, are defined by regulations half or more than half of a group of 10 issued by the Commission and pub- or more laboratory white rats each lished at § 1500.3(c)(6). weighing between 200 and 300 grams, (11) Radioactive substance means a when inhaled continuously for a period substance which emits ionizing radi- of 1 hour or less at an atmospheric con- ation.

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(12) Label means a display of written, (D) The signal word ‘‘WARNING’’ or printed, or graphic matter upon the ‘‘CAUTION’’ on all other hazardous sub- immediate container of any substance stances; or, in the cases of an article which is (E) An affirmative statement of the unpackaged or is not packaged in an principal hazard or hazards, such as immediate container intended or suit- ‘‘Flammable,’’ ‘‘Combustible,’’ ‘‘Vapor able for delivery to the ultimate con- Harmful,’’ ‘‘Causes Burns,’’ ‘‘Absorbed sumer, a display of such matter di- Through Skin,’’ or similar wording de- rectly upon the article involved or scriptive of the hazard; upon a tag or other suitable material (F) Precautionary measures describ- affixed thereto. A requirement made by ing the action to be followed or avoid- or under authority of the act that any ed, except when modified by regulation word, statement, or other information of the Commission pursuant to section appear on the label shall not be consid- 3 of the act; ered to be complied with unless such (G) Instruction, when necessary or word, statement, or other information appropriate, for first-aid treatment; also appears (i) on the outside con- (H) The word Poison for any haz- tainer or wrapper, if any there be, un- ardous substance which is defined as less it is easily legible through the out- ‘‘highly toxic’’ by section 2(h) of the act side container or wrapper and (ii) on all (restated in paragraph (b)(6) of this sec- accompanying literature where there tion); are directions for use, written or otherwise. (I) Instructions for handling and storage of packages which require special (13) Immediate container does not include package liners. care in handling or storage; and (14) Misbranded hazardous substance (J) The statement (1) ‘‘Keep out of the means a hazardous substance (includ- reach of children’’ or its practical ing a toy, or other article intended for equivalent, or, (2) if the article is in- use by children, which is a hazardous tended for use by children and is not a substance, or which bears or contains a banned hazardous substance, adequate hazardous substance in such manner as directions for the protection of chil- to be susceptible of access by a child to dren from the hazard; and whom such toy or other article is en- (ii) On which any statements re- trusted) intended, or packaged in a quired under section 2(p)(1) of the act form suitable, for use in the household (restated in paragraph (b)(14)(i) of this or by children, if the packaging or la- section) are located prominently and beling of such substance is in violation are in the English language in con- of an applicable regulation issued pur- spicuous and legible type in contrast suant to section 3 or 4 of the Poison by typography, layout, or color with Prevention Packaging Act of 1970 or if other printed matter on the label. such substance, except as otherwise Misbranded hazardous substance also provided by or pursuant to section 3 of means a household substance as de- the act (Federal Hazardous Substances fined in section 2(2)(D) of the Poison Act), fails to bear a label: Prevention Packaging Act of 1970 if it (i) Which states conspicuously: is a substance described in section (A) The name and place of business of 2(f)(1) of the Federal Hazardous Sub- the manufacturer, packer, distributor, stances Act (restated in paragraph or seller; (b)(4)(i)(A) of this section) and its pack- (B) The common or usual name or aging or labeling is in violation of an the chemical name (if there be no com- applicable regulation issued pursuant mon or usual name) of the hazardous to section 3 or 4 of the Poison Preven- substance or of each component which tion Packaging Act of 1970. contributes substantially to its hazard, (15)(i) Banned hazardous substance unless the Commission by regulation means: permits or requires the use of a recog- (A) Any toy, or other article intended nized generic name; for use by children, which is a haz- (C) The signal word ‘‘DANGER’’ on ardous substance, or which bears or substances which are extremely flam- contains a hazardous substance in such mable, corrosive, or highly toxic; manner as to be susceptible of access

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by a child to whom such toy or other FEDERAL REGISTER give notice of such article is entrusted; or finding, and thereupon such substance (B) Any hazardous substance in- when intended or offered for household tended, or packaged in a form suitable, use, or when so packaged as to be suit- for use in the household, which the able for such use, shall be deemed to be Commission by regulation classifies as a ‘‘banned hazardous substance’’ pend- a ‘‘banned hazardous substance’’ on the ing the completion of proceedings re- basis of a finding that, notwith- lating to the issuance of such regula- standing such cautionary labeling as is tions. or may be required under the act for (16) ‘‘Electrical hazard’’—an article that substance, the degree or nature of may be determined to present an elec- the hazard involved in the presence or trical hazard if, in normal use or when use of such substance in households is subjected to reasonably foreseeable such that the objective of the protec- damage or abuse, its design or manu- tion of the public health and safety can facture may cause personal injury or be adequately served only by keeping illness by electric shock. such substance, when so intended or (17) ‘‘Mechanical hazard’’—an article packaged, out of the channels of inter- may be determined to present a me- state commerce; Provided, That the chanical hazard if, in normal use or Commission by regulation (1) shall ex- when subjected to reasonably foresee- empt from section 2(q)(1)(A) of the act (restated in paragraph (b)(15)(i)(A) of able damage or abuse, its design or this section) articles, such as chem- manufacture presents an unreasonable istry sets, which by reason of their risk of personal injury or illness: functional purpose require the inclu- (i) From fracture, fragmentation, or sion of the hazardous substance in- disassembly of the article; volved, or necessarily present an elec- (ii) From propulsion of the article (or trical, mechanical, or thermal hazard, any part or accessory thereof); and which bear labeling giving ade- (iii) From points or other protru- quate directions and warnings for safe sions, surfaces, edges, openings, or clo- use and are intended for use by chil- sures; dren who have attained sufficient ma- (iv) From moving parts; turity, and may reasonably be ex- (v) From lack or insufficiency of con- pected, to read and heed such direc- trols to reduce or stop motion; tions and warnings, and (2) shall ex- (vi) As a result of self-adhering char- empt from section 2(q)(1)(A) of the act acteristics of the article; (restated in paragraph (b)(15)(i)(A) of (vii) Because the article (or any part this section), and provide for the label- or accessory thereof) may be aspirated ing of, common fireworks (including or ingested; toy paper caps, cone fountains, cyl- (viii) Because of instability; or inder fountains, whistles without report, and sparklers) to the extent that (ix) Because of any other aspect of the Commission determines that such the article’s design or manufacture. articles can be adequately labeled to (18) ‘‘Thermal hazard’’—an article protect the purchasers and users there- may be determined to present a ther- of. mal hazard if, in normal use or when (ii) Proceedings for the issuance, subjected to reasonably foreseeable amendment, or repeal of regulations damage or abuse, its design or manu- pursuant to section 2(q)(1)(B) of the act facture presents an unreasonable risk (restated in paragraph (b)(15)(i)(B) of of personal injury or illness because of this section) shall be governed by the heat as from heated parts, substances, provisions of section 701 (e), (f), and (g) or surfaces. of the Federal Food, Drug, and Cos- (c) Certain statutory definitions inter- metic Act: Provided, That if the Com- preted, supplemented, or provided with al- mission finds that the distribution for ternatives. The following items inter- household use of the hazardous sub- pret, supplement, or provide alter- stance involved presents an imminent natives to definitions set forth in sec- hazard to the public health, the Com- tion 2 of the act (and restated in para- mission may by order published in the graph (b) of this section):

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(1) To provide flexibility as to the upon a showing that such labeling is number of animals tested, the fol- not needed because of the physical lowing is an alternative to the defini- form of the substances (solid, a thick tion of ‘‘highly toxic’’ in section 2(h) of plastic, emulsion, etc.), the size or clo- the act (and paragraph (b)(6) of this sure of the container, human experi- section); Highly toxic means: ence with the article, or any other rel- (i) A substance determined by the evant factors; Commission to be highly toxic on the (B) White rats (each weighing be- basis of human experience; and/or tween 200 and 300 grams) when an at- (ii) A substance that produces death mospheric concentration of more than within 14 days in half or more than half 200 parts per million but not more than of a group of: 20,000 parts per million by volume of (A) White rats (each weighing be- gas or vapor, or more than 2 but not tween 200 and 300 grams) when a single more than 200 milligrams per liter by dose of 50 milligrams or less per kilo- volume of mist or dust, is inhaled con- gram of body weight is administered tinuously for 1 hour or less, if such orally; concentration is likely to be encoun- (B) White rats (each weighing be- tered by man when the substance is tween 200 and 300 grams) when a con- used in any reasonably foreseeable centration of 200 parts per million by manner: and/or volume or less of gas or vapor, or 2 mil- (C) Rabbits (each weighing between ligrams per liter by volume or less of 2.3 and 3.0 kilograms) when a dosage of mist or dust, is inhaled continuously more than 200 milligrams but not more for 1 hour or less, if such concentration than 2 grams per kilogram of body is likely to be encountered by man weight is administered by continuous when the substance is used in any rea- contact with the bare skin for 24 hours sonably foreseeable manner; and/or by the method described in § 1500.40. (C) Rabbits (each weighing between 2.3 and 3.0 kilograms) when a dosage of The number of animals tested shall be 200 milligrams or less per kilogram of sufficient to give a statistically signifi- body weight is administered by contin- cant result and shall be in conformity uous contact with the bare skin for 24 with good pharmacological practices. hours or less by the method described ‘‘Toxic’’ also applies to any substance in § 1500.40. that is ‘‘toxic’’ (but not ‘‘highly toxic’’) on the basis of human experience. The number of animals tested shall be sufficient to give a statistically signifi- (ii) Chronic toxicity. A substance is cant result and shall be in conformity toxic because it presents a chronic haz- with good pharmacological practices. ard if it falls into one of the following (2) To give specificity to the defini- categories. (For additional information see the chronic toxicity guidelines at tion of ‘‘toxic’’ in section 2(g) of the act (and restated in paragraph (b)(5) of this 16 CFR 1500.135.) section), the following supplements (A) For Carcinogens. A substance is that definition. The following cat- toxic if it is or contains a known or egories are not intended to be inclu- probable human carcinogen. sive. (B) For Neurotoxicological Toxicants. A (i) Acute toxicity. Toxic means any substance is toxic if it is or contains a substance that produces death within known or probable human neurotoxin. 14 days in half or more than half of a (C) For Developmental or Reproductive group of: Toxicants. A substance is toxic if it is (A) White rats (each weighing be- or contains a known or probable tween 200 and 300 grams) when a single human developmental or reproductive dose of from 50 milligrams to 5 grams toxicant. per kilogram of body weight is admin- (3) The definition of corrosive in sec- istered orally. Substances falling in the tion 2(i) of the act (restated in para- toxicity range between 500 milligrams graph (b)(7) of this section) is inter- and 5 grams per kilogram of body preted to also mean the following: Cor- weight will be considered for exemp- rosive means a substance that causes tion from some or all of the labeling visible destruction or irreversible al- requirements of the act, under § 1500.82, terations in the tissue at the site of

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contact. A test for a corrosive sub- mans (considering dose-response fac- stance is whether, by human experi- tors), with human data taking prece- ence, such tissue destruction occurs at dence over animal data, other data on the site of application. A substance potency or bioavailability of sensi- would be considered corrosive to the tizers, data on reactions to a cross-re- skin if, when tested on the intact skin acting substance or to a chemical that of the albino rabbit by the technique metabolizes or degrades to form the described in § 1500.41, the structure of same or a cross-reacting substance, the the tissue at the site of contact is de- threshold of human sensitivity, epide- stroyed or changed irreversibly in 24 miological studies, case histories, oc- hours or less. Other appropriate tests cupational studies, and other appro- should be applied when contact of the priate in vivo and in vitro test studies. substance with other than skin tissue (iii) Severity of reaction. The minimal is being considered. severity of reaction for the purpose of (4) The definition of irritant in section designating a material as a ‘‘strong sen- 2(j) of the act (restated in paragraph sitizer’’ is a clinically important aller- (b)(8) of this section) is supplemented gic reaction. For example, strong sensi- by the following: Irritant includes ‘‘pri- tizers may produce substantial illness, mary irritant to the skin’’ as well as including any or all of the following: substances irritant to the eye or to physical discomfort, distress, hardship, mucous membranes. Primary irritant and functional or structural impair- means a substance that is not corrosive ment. These may, but not necessarily, and that human experience data indi- require medical treatment or produce cate is a primary irritant and/or means loss of functional activities. a substance that results in an empir- (iv) Significant potential for causing ical score of five or more when tested hypersensitivity. ‘‘Significant potential by the method described in § 1500.41. for causing hypersensitivity’’ is a rel- Eye irritant means a substance that ative determination that must be made human experience data indicate is an separately for each substance. It may irritant to the eye and/or means a sub- be based upon the chemical or func- stance for which a positive test is ob- tional properties of the substance, doc- tained when tested by the method de- umented medical evidence of allergic scribed in § 1500.42. reactions obtained from epidemiolog- (5) The definition of strong sensitizer ical surveys or individual case reports, in section 2(k) of the Federal Haz- controlled in vitro or in vivo experi- ardous Substances Act (restated in 16 mental assays, or susceptibility pro- CFR 1500.3(b)(9)) is supplemented by files in normal or allergic subjects. the following definitions: (v) Normal living tissue. The allergic (i) Sensitizer. A sensitizer is a sub- hypersensitivity reaction occurs in stance that will induce an normal living tissues, including the immunologically-mediated (allergic) skin and other organ systems, such as response, including allergic the respiratory or gastrointestinal photosensitivity. This allergic reaction tract, either singularly or in combina- will become evident upon reexposure to tion, following sensitization by con- the same substance. Occasionally, a tact, ingestion, or inhalation. sensitizer will induce and elicit an al- (6) The Consumer Product Safety lergic response on first exposure by vir- Commission, by the regulations pub- tue of active sensitization. lished in this section, defines the terms (ii) Strong. In determining that a sub- extremely flammable, flammable, and com- stance is a ‘‘strong’’ sensitizer, the bustible, appearing in section 2(1) of the Commission shall consider the avail- Federal Hazardous Substances Act, as able data for a number of factors. follows: These factors should include any or all (i) The term extremely flammable shall of the following (if available): Quan- apply to any substance which has a titative or qualitative risk assessment, flashpoint at or below 20 °F (¥6.7 °C) as frequency of occurrence and range of determined by the test method de- severity of reactions in healthy or sus- scribed at § 1500.43a, except that, any ceptible populations, the result of ex- mixture having one component or more perimental assays in animals or hu- with a flashpoint higher than 20 °F

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(¥6.7 °C) which comprises at least 99 ‘‘flammable,’’ and ‘‘combustible’’ in this percent of the total volume of the mix- section before its amendment (as pub- ture is not considered to be an ex- lished at 38 FR 27012, September 27, tremely flammable substance. 1983, and amended 38 FR 30105, Novem- (ii) The term flammable shall apply to ber 1, 1973, set forth in the note fol- any substance having a flashpoint lowing this section) if all of the fol- above 20 °F (¥6.7 °C) and below 100 °F lowing conditions are met: (37.8 °C), as determined by the method (A) The substance or product was described at § 1500.43a, except that: subject to and complied with the re- (A) Any mixture having one compo- quirements of the Federal Hazardous nent or more with a flashpoint at or Substances Act for ‘‘extremely flam- above 100 °F (37.8 °C) which comprises mable,’’ ‘‘flammable,’’ or ‘‘combustible’’ at least 99 percent of the total volume hazardous substances before the effec- of the mixture is not considered to be tive date of § 1500.43a; and a flammable substance; and (B) No change has been made to the (B) Any mixture containing 24 per- formulation or labeling of such sub- cent or less of water miscible alcohols, stance or product after the effective by volume, in aqueous solution is not date of § 1500.43a, prescribing a closed- considered to be flammable if the mix- cup test apparatus and procedure. ture does not present a significant (v) Extremely flammable solid means a flammability hazard when used by con- solid substance that ignites and burns sumers. at an ambient temperature of 80 °F or (iii) The term combustible shall apply less when subjected to friction, percus- to any substance having a flashpoint at sion, or electrical spark. or above 100 °F (37.8 °C) to and includ- (vi) Flammable solid means a solid ing 150 °F (65.6 °C) as determined by the substance that, when tested by the test method described at § 1500.43a, ex- method described in § 1500.44, ignites cept that: and burns with a self-sustained flame (A) Any mixture having one compo- at a rate greater than one-tenth of an nent or more with a flashpoint higher inch per second along its major axis. than 150 °F (65.6 °C) which comprises at (vii) Extremely flammable contents of least 99 percent of the total volume of self-pressurized container means con- the mixture is not considered to be a tents of a self-pressurized container combustible hazardous substance; and that, when tested by the method de- (B) Any mixture containing 24 per- scribed in § 1500.45, a flashback (a flame cent or less of water miscible alcohols, extending back to the dispenser) is ob- by volume, in aqueous solution is not tained at any degree of valve opening considered to be combustible if the and the flashpoint, when tested by the mixture does not present a significant method described in § 1500.43a is less flammability hazard when used by con- than 20 °F (¥6.7 °C). sumers. (viii) Flammable contents of self-pres- (iv) To determine flashpoint tem- surized container means contents of a peratures for purposes of enforcing and self-pressurized container that, when administering requirements of the Fed- tested by the method described in eral Hazardous Substances Act applica- § 1500.45, a flame projection exceeding ble to ‘‘extremely flammable,’’ ‘‘flam- 18 inches is obtained at full valve open- mable,’’ and ‘‘combustible’’ hazardous ing, or flashback (a flame extending substances, the Commission will follow back to the dispenser) is obtained at the procedures set forth in § 1500.43a. any degree of valve opening. However, the Commission will allow (7) The definition of hazardous sub- manufacturers and labelers of substance in section 2(f)(1)(A) of the act stances and products subject to those (restated in paragraph (b)(4)(i)(A) of requirements to rely on properly con- this section) is supplemented by the ducted tests using the Tagliabue open- following definitions or interpretations cup method which was in effect prior to or terms used therein: the issuance of § 1500.43a (as published (i) A substance or mixture of sub- at 38 FR 27012, September 27, 1973, and stances that ‘‘generates pressure set forth below), and the defintions of through decomposition, heat, or other the terms ‘‘extremely flammable,’’ means’’ is a hazardous substance: 459

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(A) If it explodes when subjected to is used in connection with the display, an electrical spark, percussion, or the sale, demonstration, or merchandising flame of a burning paraffin candle for 5 of a hazardous substance intended for seconds or less. or packaged in a form suitable for use (B) If it expels the closure of its con- in the household or by children. tainer, or bursts its container, when (10) The definition of ‘‘misbranded held at or below 130 °F. for 2 days or hazardous substance’’ in section 2(p) of less. this act (restated in paragraph (b)(14) (C) If it erupts from its opened con- of this section) is supplemented by the ° tainer at a temperature of 130 F. or following definitions or interpretations less after having been held in the of terms used therein: closed container at 130 °F. for 2 days. (i) Hazardous substances intended, or (D) If it comprises the contents of a packaged in a form suitable, for use in the self-pressurized container. household means any hazardous sub- (ii) Substantial personal injury or illness means any injury or illness of a stance, whether or not packaged, that significant nature. It need not be se- under any customary or reasonably vere or serious. What is excluded by foreseeable condition of purchase, stor- the word ‘‘substantial’’ is a wholly in- age, or use may be brought into or significant or negligible injury or ill- around a house, apartment, or other ness. place where people dwell, or in or (iii) Proximate result means a result around any related building or shed in- that follows in the course of events cluding, but not limited to, a garage, without an unforeseeable, intervening, carport, barn, or storage shed. The independent cause. term includes articles, such as polishes (iv) Reasonably foreseeable handling or or cleaners, designed primarily for pro- use includes the reasonably foreseeable fessional use but which are available in accidental handling or use, not only by retail stores, such as hobby shops, for the purchaser or intended user of the nonprofessional use. Also included are product, but by all others in a house- items, such as antifreeze and radiator hold, especially children. cleaners, that although principally for (8) The definition of ‘‘radioactive sub- car use may be stored in or around stance’’ in section 2(m) of the act (re- dwelling places. The term does not in- stated in paragraph (b)(11) of this sec- clude industrial supplies that might be tion) is supplemented by the following: taken into a home by a serviceman. An Radioactive substance means a sub- article labeled as, and marketed solely stance which, because of nuclear insta- for, industrial use does not become sub- bility, emits electromagnetic and/or ject to this act because of the possi- particulate radiation capable of pro- bility that an industrial worker may ducing ions in its passage through mat- take a supply for his own use. Size of ter. Source materials, special nuclear unit or container is not the only index material, and byproduct materials de- of whether the article is suitable for scribed in section 2(f)(3) of the act are use in or around the household; the exempt. test shall be whether under any reason- (9) In the definition of ‘‘label’’ in sec- ably foreseeable condition of purchase, tion 2(n) of the act (restated in paragraph (b)(12) of this section), a provi- storage, or use the article may be sion stipulates that words, statements, found in or around a dwelling. or other information required to be on (ii) Conspicuously in section 2(p)(1) of the label must also appear on all ac- the act and prominently and conspicuous companying literature where there are in section 2(p)(2) of the act mean that, directions for use, written or other- under customary conditions of pur- wise. To make this provision more spe- chase, storage, and use, the required cific, ‘‘accompanying literature’’ is in- information shall be visible, notice- terpreted to mean any placard, pam- able, and in clear and legible English. phlet, booklet, book, sign, or other Some factors affecting a warning’s written, printed, or graphic matter or prominence and conspicuousness are: visual device that provides directions Location, size of type, and contrast of for use, written or otherwise, and that printing against background. Also

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bearing on the effectiveness of a warn- data, the human experience takes prec- ing might be the effect of the package edence. contents if spilled on the label. (b) Experience may show that an article is more or less toxic, irritant, or NOTE: The definitions of extremely flam- corrosive to man than to test animals. mable, flammable, and combustible hazardous substances set forth above in paragraphs It may show other factors that are im- (b)(10) and (c)(6) are effective August 10, 1987. portant in determining the degree of The definitions remaining in effect until Au- hazard to humans represented by the gust 10, 1987, as published at 38 FR 27012, substance. For example, experience Sept. 27, 1973, and amended at 38 FR 30105, shows that radiator antifreeze is likely Nov. 1, 1973, are set forth below. Manufactur- to be stored in the household or garage ers and labelers of products subject to the and likely to be ingested in significant Federal Hazardous Substances Act may con- quantities by some persons. It also tinue to use these definitions for labeling of those products under the conditions set forth shows that a particular substance in in § 1500.3(c)(6)(iv), as amended. liquid form is more likely to be in- (b)(10) Extremely flammable shall apply to gested than the same substance in a any substance which has a flashpoint at or paste or a solid and that an aerosol is below 20 °F. as determined by the Tagliabue more likely to get into the eyes and Open Cup Tester; flammable shall apply to the nasal passages than a liquid. any substance which has a flashpoint of above 20 °F., to and including 80 °F., as deter- § 1500.5 Hazardous mixtures. mined by the Tagliabue Open Cup Tester; and combustible shall apply to any substance For a mixture of substances, the de- which has a flashpoint above 80 °F. to and in- termination of whether the mixture is cluding 150 °F., as determined by the a ‘‘hazardous substance’’ as defined by Tagliabue Open Cup Tester; except that the section 2(f) of the act (repeated in flammability or combustibility of solids and § 1500.3(b)(4)) should be based on the of the contents of self-pressurized containers physical, chemical, and pharma- shall be determined by methods found by the cological characteristics of the mix- Commission to be generally applicable to such materials or containers, respectively, ture. A mixture of substances may and established by regulations issued by the therefore be less hazardous or more Commission, which regulations shall also de- hazardous than its components because fine the terms flammable, combustible, and ex- of synergistic or antagonistic reac- tremely flammable in accord with such meth- tions. It may not be possible to reach a ods. fully satisfactory decision concerning the toxic, irritant, corrosive, flam- * * * * * mable, sensitizing, or pressure-generating properties of a substance from (c)(6)(i) Extremely flammable means any substance that has a flashpoint at or below 20 what is known about its components or °F. as determined by the method described in ingredients. The mixture itself should § 1500.43. be tested. (ii) Flammable means any substance that has a flashpoint of above 20 °F., to and in- § 1500.12 Products declared to be haz- cluding 80 °F., as determined by the method ardous substances under section described in § 1500.43. 3(a) of the act. [38 FR 27012, Sept. 27, 1973, as amended at 38 (a) The Commission finds that the FR 30105, Nov. 1, 1973; 49 FR 22465, May 30, following articles are hazardous sub- 1984; 51 FR 28536, Aug. 8, 1986; 51 FR 29096, stances within the meaning of the act Aug. 14, 1986; 51 FR 30209, Aug. 25, 1986; 57 FR because they are capable of causing 46669, Oct. 9, 1992] substantial personal injury or substantial illness during or as a proximate re- § 1500.4 Human experience with haz- sult of any customary or reasonably ardous substances. foreseeable handling or use: (a) Reliable data on human experi- (1) Charcoal briquettes and other ence with any substance should be forms of charcoal in containers for re- taken into account in determining tail sale and intended for cooking or whether an article is a ‘‘hazardous sub- heating. stance’’ within the meaning of the act. (2) Metal-cored candlewicks that When such data give reliable results have a lead content of more than 0.06 different from results with animal percent of the total weight of the

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metal core, and candles made with (4) Methyl alcohol (methanol) and such wicks. mixtures containing 4 percent or more (b) [Reserved] by weight of methyl alcohol (methanol). [38 FR 27012, Sept. 27, 1973, as amended at 68 (5) Turpentine (including gum tur- FR 19147, Apr. 18, 2003] pentine, gum spirits of turpentine, § 1500.13 Listing of ‘‘strong sensitizer’’ steam-distilled wood turpentine, sul- substances. fate wood turpentine, and destructively distilled wood turpentine) and mix- On the basis of frequency of occur- tures containing 10 percent or more by rence and severity of reaction informa- weight of such turpentine. tion, the Commission finds that the (b) The Commission finds that the following substances have a significant following substances present special potential for causing hypersensitivity hazards and that, for these substances, and therefore meet the definition for the labeling required by section 2(p)(1) ‘‘strong sensitizer’’ in section 2(k) of the of the act is not adequate for the pro- act (repeated in § 1500.3(b)(9)): tection of the public health. Under sec- (a) Paraphenylenediamine and prod- tion 3(b) of the act, the following spe- ucts containing it. cific label statements are deemed nec- (b) Powdered orris root and products essary to supplement the labeling re- containing it. quired by section 2(p)(1) of the act: (c) Epoxy resins systems containing (1) Diethylene glycol. Because in any concentration ethylenediamine, diethylene glycol and mixtures con- diethylenetriamine, and diglycidyl taining 10 percent or more by weight of ethers of molecular weight of less than diethylene glycol are commonly mar- 200. keted, stored, and used in a manner in- (d) Formaldehyde and products con- creasing the possibility of accidental taining 1 percent or more of formalde- ingestion, such products shall be la- hyde. beled with the signal word ‘‘warning’’ (e) Oil of bergamot and products con- and the statement ‘‘Harmful if swal- taining 2 percent or more of oil of ber- lowed.’’ gamot. (2) Ethylene glycol. Because ethylene glycol and mixtures containing 10 per- § 1500.14 Products requiring special cent or more by weight of ethylene gly- labeling under section 3(b) of the col are commonly marketed, stored, act. and used in a manner increasing the (a) Human experience, as reported in possibility of accidental ingestion, the scientific literature and to the Poi- such products shall be labeled with the son Control Centers and the National signal word ‘‘warning’’ and the state- Clearing House for Poison Control Cen- ment ‘‘Harmful or fatal if swallowed.’’ ters, and opinions of informed medical (3) Benzene, toluene, xylene, petroleum experts establish that the following distillates. (i) Because inhalation of the substances are hazardous: vapors of products containing 5 percent (1) Diethylene glycol and mixtures or more by weight of benzene may containing 10 percent or more by cause blood dyscrasias, such products weight of diethylene glycol. shall be labeled with the signal word (2) Ethylene glycol and mixtures con- ‘‘danger,’’ the statement of hazard taining 10 percent or more by weight of ‘‘Vapor harmful,’’ the word ‘‘poison,’’ and ethylene glycol. the skull and crossbones symbol. If the (3) Products containing 5 percent or product contains 10 percent or more by more by weight of benzene (also known weight of benzene, it shall bear the ad- as benzol) and products containing 10 ditional statement of hazard ‘‘Harmful percent or more by weight of toluene or fatal if swallowed’’ and the addi- (also known as toluol), xylene (also tional statement ‘‘Call physician imme- known as xylol), or petroleum dis- diately.’’ tillates such as kerosine, mineral seal (ii) Because products containing 10 oil, naphtha, gasoline, mineral spirits, percent or more by weight of toluene, stoddard solvent, and related petro- xylene, or any of the other substances leum distillates. listed in paragraph (a)(3) of this section

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may be aspirated into the lungs, with ger’’ and the statement of hazard resulting chemical pneumonitis, pneu- ‘‘Harmful or fatal if swallowed.’’ monia, and pulmonary edema, such (6) Charcoal. Charcoal briquettes and products shall be labeled with the sig- other forms of charcoal in containers nal word ‘‘danger,’’ the statement or for retail sale and intended for cooking hazard ‘‘Harmful or fatal if swallowed,’’ or heating. and the statement ‘‘Call physician im- (i)(A) Because inhalation of the car- mediately.’’ bon monoxide produced by burning (iii) Because inhalation of the vapor charcoal indoors or in confined areas of products containing 10 percent or may cause serious injury or death, con- more by weight of toluene or xylene tainers of such products packaged be- may cause systemic injury, such prod- fore November 3, 1997, shall bear the ucts shall bear the statement of hazard following borderlined statement: ‘‘Vapor harmful’’ in addition to the WARNING: Do Not Use for Indoor statements prescribed in paragraph Heating or Cooking Unless Ventilation (b)(3)(ii) of this section. Is Provided for Exhausting Fumes to (4) Methyl alcohol (methanol). Because Outside. Toxic Fumes May Accumulate death and blindness can result from the and Cause Death ingestion of methyl alcohol, the label (B) For bags of charcoal packaged be- for this substance and for mixtures fore November 3, 1997, the statement containing 4 percent or more by weight specified in paragraph (b)(6)(i) of this of this substance shall include the sig- section shall appear within a heavy nal word ‘‘danger,’’ the additional word borderline in a color sharply con- ‘‘poison,’’ and the skull and crossbones trasting to that of the background, on symbol. The statement of hazard shall both front and back panels in the upper include ‘‘Vapor harmful’’ and ‘‘May be 25 percent of the panels of the bag at fatal or cause blindness if swallowed.’’ least 2 inches below the seam, and at The label shall also bear the statement least 1 inch above any reading material ‘‘Cannot be made nonpoisonous.’’ or design elements in type size as fol- (5) Turpentine. Because turpentine lows: The signal word ‘‘WARNING’’ (including gum turpentine, gum spirits shall appear in capital letters at least of turpentine, steam-distilled wood tur- three-eighths inch in height; the re- pentine, sulfate wood turpentine, and maining text of the warning statement destructively distilled wood turpen- shall be printed in letters at least tine) and products containing 10 per- three-sixteenths inch in height. cent or more by weight of such turpen- (ii)(A) Because inhalation of the car- tine, in addition to oral toxicity result- bon monoxide produced by burning ing in systemic poisoning, may be aspi- charcoal indoors or in confined areas rated into the lungs with resulting can cause serious injury or death, con- chemical pneumonitis, pneumonia, and tainers of such products packaged on pulmonary edema, such products shall or after November 3, 1997, shall bear be labeled with the signal word ‘‘dan- the following borderlined label.

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(B) Except as provided in paragraph Use only under [close] adult supervision. (b)(6)(ii)(C) of this section, the fol- (Use of the word close is optional.) lowing requirements apply to bags of For outdoor use only. charcoal subject to paragraph Place on level surface. Light fuse and get away. (b)(6)(ii)(A) of this section. The label (ii) California candles. specified in paragraph (b)(6)(ii)(A) of this section shall appear within a WARNING (OR CAUTION) EMITS SHOWERS OF heavy borderline, in a color sharply SPARKS contrasting to that of the background, Use only under [close] adult supervision. on both the front and back panels in (Use of the word close is optional.) the upper 25 percent of the panels of For outdoor use only. the bag, and with the outer edge of the Hold in hand at bottom of tube. borderline at least 2.54 cm (1 inch) Point away from body so that neither end below the seam and at least 2.54 cm (1 points toward body. inch) above any other reading material (iii) Spike and handle cylindrical foun- or design elements. The signal word tains. (A) Spike fountains. ‘‘WARNING’’ shall be in bold capital 9 letters in at least 7.14 mm ( ⁄32 inch) WARNING (OR CAUTION) EMITS SHOWERS OF type. The remaining text of the warn- SPARKS ing statement shall be in at least 4.763 Use only under [close] adult supervision. mm (3⁄16 inch) type. The phrase ‘‘CAR- (Use of the word close is optional.) BON MONOXIDE HAZARD’’ shall be in For outdoor use only. bold. This phrase and the word Stick firmly in ground in an upright posi- ‘‘NEVER’’ shall be in all capital letters. tion. The lettering shall have a strokewidth- Do not hold in hand. to-height ratio of 1:6 to 1:8. The label Light fuse and get away. shall be at least 50.8 mm (2 inches) high (B) Handle fountains. 13 and 147.5 mm (5 ⁄16 inches) wide. The WARNING (OR CAUTION) EMITS SHOWERS OF label’s lettering, spacing between the SPARKS bottom of the letters of one line and Use only under [close] adult supervision. the top of the letter of the next line, (Use of the word close is optional.) and pictogram shall have the size rela- For outdoor use only. tion to each other and to the remain- Hold in hand—point away from body. der of the label shown in paragraph Light fuse. (b)(6)(ii)(A) of this section. (iv) Roman Candles. (C) For bags of charcoal subject to WARNING (OR CAUTION) SHOOTS FLAMING paragraph (b)(6)(ii)(A) of this section BALLS that are 6 inches or less wide, the minimum label height may be reduced to Use only under [close] adult supervision. 38 mm (1.5 inches) and the minimum (Use of the word close is optional.) For outdoor use only. width may be reduced to 139.7 mm (5.5 Stick butt end in ground. inches). The signal word ‘‘WARNING’’ Do not hold in hand. shall be in capital letters in at least Light fuse and get away. 6.32 mm (0.249 inch) type. The remain- (v) Rockets with sticks. ing text of the warning shall be in at least 4.23 mm (0.166 inch) type. All WARNING (OR CAUTION) FLAMMABLE other requirements of paragraphs Use only under [close] adult supervision. 6(b)(ii) (A) and (B) of this section shall (Use of the word close is optional.) apply to these bags. For outdoor use only. (7) Fireworks devices. Because of the Place in wooden trough or iron pipe at 75° special hazards presented by fireworks angle, pointing away from people or flammable material. devices if not used in a certain manner, Do not hold in hand. the following listed fireworks devices Light fuse and get away. shall be labeled as indicated: (vi) Wheels. (i) Fountains. WARNING (OR CAUTION) FLAMMABLE (OR EMITS WARNING (OR CAUTION) SHOWERS OF SPARKS, IF MORE DESCRIPTIVE) FLAMMABLE (or EMITS SHOWERS OF Use only under [close] adult supervision. SPARKS, if more descriptive). (Use of the word close is optional.)

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For outdoor use only. Do not hold in hand. Attach securely by means of a nail through Light fuse and get away. the hole (or place on hard flat surface, for (xii) Helicopter-type rockets. ground spinners). Light fuse and get away. WARNING (OR CAUTION) FLAMMABLE (OR EMITS (vii) Illuminating torches. SHOWERS OF SPARKS, IF MORE DESCRIPTIVE)

WARNING (OR CAUTION) FLAMMABLE (OR EMITS Use only under [close] adult supervision. SHOWERS OF SPARKS, IF MORE DESCRIPTIVE) (Use of the word close is optional.) For outdoor use only. Use only under [close] adult supervision. Place on hard, open surface. (Use of the word close is optional.) Light fuse and get away. For outdoor use only. (xiii) Party poppers. Hold in hand—point away from body, clothing, or other flammable material (or place WARNING (OR CAUTION) FLAMMABLE upright on level ground. Do not hold in hand, if more descriptive). Use only under [close] adult supervision. Light fuse (or light fuse and get away, if (Use of the word close is optional.) more descriptive). Do not point either end toward face or other (viii) Sparklers. person. On the front and back panels: Hold in hand—jerk string. (xiv) Missile-type rockets. WARNING (OR CAUTION) FLAMMABLE WARNING (OR CAUTION) FLAMMABLE (OR EMITS On the side, front, back, top, or bottom SHOWERS OF SPARKS, IF MORE DESCRIPTIVE) panel. Use only under [close] adult supervision. CAUTION (Use of the word close is optional.) Use only under [close] adult supervision. For outdoor use only. (Use of the word close is optional.) Place on hard, open surface. For outdoor use only. Light fuse and get away. Do not touch glowing wire (or do not touch (xv) Labeling—General. Any fireworks hot plastic, wood, etc., if more descriptive). device not required to have a specific Hold in hand with arm extended away from label as indicated above shall carry a body. warning label indicating to the user Keep burning end or sparks away from wear- ing apparel or other flammable material. where and how the item is to be used (ix) Mines and shells. and necessary safety precautions to be observed. All labels required under this WARNING (OR CAUTION) EMITS SHOWERS OF section shall comply with the require- SPARKS (OR SHOOTS FLAMING BALLS, IF ments of § 1500.121 of these regulations. MORE DESCRIPTIVE) (See also § 1500.17(a) (3), (8) and (9); Use only under [close] adult supervision. § 1500.83(a)(27); § 1500.85(a)(2); and part (Use of the word close is optional.) 1507). For outdoor use only. (8) Art materials. Place on hard smooth surface (or place upright on level ground, if more descriptive). NOTE: The Labeling of Hazardous Art Ma- Do not hold in hand. terials Act (‘‘LHAMA’’), 15 U.S.C. 1277 (Pub. Light fuse and get away. L. 100–695, enacted November 18, 1988) pro- (x) Whistles without report. vides that, as of November 18, 1990, ‘‘the requirements for the labeling of art materials WARNING (OR CAUTION) FLAMMABLE set forth in the version of the standard of the American Society for Testing and Materials SHOOTS WHISTLE IN AIR (if applicable) [‘‘ASTM’’] designated D–4236 that is in effect Use only under [close] adult supervision. on [November 18, 1988] * * * shall be deemed (Use of the word close is optional.) to be a regulation issued by the Commission For outdoor use only. under section 3(b)’’ of the Federal Hazardous Do not hold in hand. Substances Act, 15 U.S.C. 1262(b). For the Light fuse and get away. convenience of interested persons, the Com- (xi) Toy smoke devices and flitter de- mission is including the requirements of vices. ASTM D–4236 in paragraph (b)(8)(i) of this section, along with other requirements (stat- WARNING (OR CAUTION) FLAMMABLE (OR EMITS ed in paragraph (b)(8)(ii) of this section) SHOWERS OF SPARKS, IF MORE DESCRIPTIVE) made applicable to art materials by the Use only under [close] adult supervision. LHAMA. The substance of the requirements (Use of the word close is optional.) specified in LHAMA became effective on No- For outdoor use only. vember 18, 1990, as mandated by Congress.

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(i) ASTM D–4236—(A) Scope—(1) This (5) Analytical laboratory—a labora- section describes a procedure for devel- tory having personnel and apparatus oping precautionary labels for art ma- capable of performing quantitative or terials and provides hazard and pre- qualitative analyses of art materials, cautionary statements based upon which may yield information that is knowledge that exists in the scientific used by a toxicologist for evaluation of and medical communities. This section potentially hazardous materials. concerns those chronic health hazards (6) Label—a display of written, print- known to be associated with a product ed, or graphic matter upon the imme- or product component(s), when the diate container of any art material component(s) is present in a physical product. When the product is form, volume, or concentration that in unpackaged, or is not packaged in an the opinion of a toxicologist (see para- immediate container intended or suit- graph (b)(8)(i)(B)(11) of this section) has able for delivery to users, the label can the potential to produce a chronic ad- be a display of such matter directly verse health effect(s). upon the article involved or upon a tag (2) This section applies exclusively to or other suitable labeling device at- art materials packaged in sizes in- tached to the art material. tended for individual users of any age (7) Producer—the person or entity or those participating in a small group. who manufactures, processes, or im- (3) Labeling determinations shall ports an art material. consider reasonably foreseeable use or (8) Repackager—the person or entity misuse. who obtains materials from producers (4) Manufacturers or repackagers and without making changes in such may wish to have compliance certified materials puts them in containers in- by a certifying organization. Guide- tended for sale as art materials to lines for a certifying organization are users. given in paragraph (b)(8)(i)(H) of this (9) Sensitizer—a substance known to section. cause, through an allergic process, a (B) Descriptions of Terms Specific to chronic adverse health effect which be- This Standard. (1) Art material or art comes evident in a significant number material product—any raw or proc- of people on re-exposure to the same essed material, or manufactured prod- substance. uct, marketed or represented by the (10) Toxic—applies to any substance producer or repackager as intended for that is likely to produce personal in- and suitable for users as defined herein. jury or illness to humans through in- (2) Users—artists or crafts people of gestion, inhalation, or skin contact. any age who create, or recreate in a (11) Toxicologist—an individual who limited number, largely by hand, works through education, training, and expe- which may or may not have a practical rience has expertise in the field of toxi- use, but in which aesthetic consider- cology, as it relates to human expo- ations are paramount. sure, and is either a toxicologist or (3) Chronic adverse health effect(s)— physician certified by a nationally rec- a persistent toxic effect(s) that devel- ognized certification board. ops over time from a single, prolonged, (12) Bioavailability—the extent that or repeated exposure to a substance. a substance can be absorbed in a bio- This effect may result from exposure(s) logically active form. to a substance that can, in humans, (C) Requirements. (1) The producer or cause sterility, birth defects, harm to a repackager of art materials shall sub- developing fetus or to a nursing infant, mit art material product formula- cancer, allergenic sensitization, dam- tion(s) or reformulation(s) to a toxi- age to the nervous system, or a per- cologist for review, such review to be sistent adverse effect to any other in accordance with paragraph organ system. (b)(8)(l)(D) of this section. The toxi- (4) chronic health hazard(s) (here- cologist shall be required to keep prod- after referred to as ‘‘chronic hazard’’)— uct formulation(s) confidential. a health risk to humans, resultant (2) Unless otherwise agreed in writing from exposure to a substance that may by the producer or repackager, no one cause a chronic adverse health effect. other than the toxicologists shall have

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access to the formulation(s); except sonably foreseeable use can result in a that the toxicologists shall furnish a chronic hazard. patient’s physician, on a confidential (2) In making the determination, a basis, the information necessary to di- toxicologist(s) shall take into account agnose or treat cases of exposure or ac- the following: cidental ingestion. (i) Current chemical composition of (3) The producer or repackager, upon the art material, supplied by an ana- advice given by a toxicologist in ac- lytical laboratory or by an industrial cordance with paragraph (b)(8)(i)(D) of chemist on behalf of a manufacturer or this section and based upon generally repackager. accepted, well-established evidence (ii) Current generally accepted, well- that a component substance(s) is established scientific knowledge of the known to cause chronic adverse health chronic toxic potential of each compo- effects adopt precautionary labeling in nent and the total formulation. accordance with paragraph (b)(8)(i)(E) (iii) Specific physical and chemical of this section. form of the art material product, bio- (4) Labeling shall conform to any la- availability, concentration, and the beling practices prescribed by federal amount of each potentially chronic and state statutes or regulations and toxic component found in the formula- shall not diminish the effect of re- tion. quired acute toxicity warnings. (iv) Reasonably foreseeable uses of (5) The producer or repackager shall the art material product as determined supply a poison exposure management by consultation with users and other information source the generic formu- individuals who are experienced in use lation information required for dis- of the material(s), such as teachers, or semination to poison control centers or by market studies, unless such use in- shall provide a 24-hour cost-free tele- formation has previously been deter- phone number to poison control cen- mined with respect to the specific art ters. material(s) under review. (6) The producer or repackager shall have a toxicologist review as nec- (v) Potential for known synergism essary, but at least every 5 years, art and antagonism of the various compo- material product formulation(s) and nents of the formulation. associated label(s) based upon the then- (vi) Potentially chronic adverse current, generally accepted, well-estab- health effects of decomposition or com- lished scientific knowledge. bustion products, if known, from any (7) Statement of Conformance— reasonably foreseeable use of the haz- ‘‘Conforms to ASTM Practice D–4236,’’ ardous art material product. or ‘‘Conforms to ASTM D–4236,’’ or (vii) Opinions of various regulatory ‘‘Conforms to the health requirements agencies and scientific bodies, includ- of ASTM D–4236.’’ This statement may ing the International Agency for Re- be combined with other conformance search on Cancer and the National Can- statements. The conformance state- cer Institute, on the potential for ment should appear whenever practical chronic adverse health effects of the on the product; however, it shall also various components of the formulation. be acceptable to place the statement (3) Based upon the conclusion on one or more of the following: reached in conformance with review (i) The individual product package, determinations set forth herein, the (ii) a display or sign at the point of toxicologist(s) shall recommend pre- purchase, cautionary labeling consistent with (iii) separate explanatory literature paragraph (b)(8)(i)(E) of this section. available on requirements at the point (E) Labeling Practices—(1) Signal of purchase, Word. (i) When a signal word for an (iv) a response to a formal request for acute hazard(s) is mandated and a bid or proposal. chronic hazard(s) exists, the signal (D) Determination of Labeling. (1) An word shall be that for the acute hazard. art material is considered to have the (ii) When only a chronic hazard(s) ex- potential for producing chronic adverse ists, the signal word WARNING shall health effects if any customary or rea- be used.

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(iii) The signal word shall be promi- (iii) Call your local poison control nently visible and set in bold capitals center for more health information. in a size equal to or greater than the (8) Labeling Content, Product Size— statement of potential chronic hazards. Any art material product in a con- (2) List of Potentially Chronic Haz- tainer larger in size than one fluid ards—Potentially chronic hazards, as ounce (30 ml) (if the product is sold by determined under the procedures of volume) or one ounce net weight (28 g) paragraph (b)(8)(i)(D) of this section, (if the product is sold by weight) shall shall be stated substantially in accord- have full precautionary labeling, as de- ance with the statements listed in scribed in paragraph (b)(8)(i) (E) of this paragraph (b)(8)(i)(F) of this section. section. Any art material product in a Potentially chronic hazards noted shall container equal to or smaller than one be those that are clinically significant fluid ounce or one ounce net weight and that might be expected with any shall have a label that includes a signal reasonably foreseeable use of the art word in conformance with paragraph material. The hazards should be (b)(8)(i)(E)(1) of this section and a list grouped in the order of relative de- of potentially harmful or sensitizing scending severity. components in conformance with para- (3) Name of Chronically Hazardous graphs (b)(8)(i)(E) (3) and (5) of this sec- Component(s)—All components and tion. known decomposition products of the (9) The information described in formulation with a potential for chron- paragraph (b)(8)(i)(E) of this section ic hazards, as determined under the must appear on: procedures of paragraph (b)(8)(i)(D) of (i) The outside container or wrapper, this section, shall be listed promi- if any, unless it is easily legible nently. Generically equivalent names through the outside container or wrap- may be used. per and (4) Safe Handling Instructions—Ap- (ii) All accompanying literature propriate precautionary statements as where there are directions for use, to work practices, personal protection, written or otherwise. Where a product and ventilation requirements shall be that requires warning labels under used substantially conforming with paragraphs (b)(8)(i) (D) and (E) of this those listed in paragraph (b)(8)(i)(G) of section is packed within a point-of-sale this section. package that obscures the warning (5) List of Sensitizing Components— statement(s), the point-of-sale package To protect users from known sensi- shall carry the signal word conforming tizers found within art materials, each to paragraph (b)(8)(i)(E)(1) and the fol- label shall contain a list of those sensi- lowing wording: ‘‘Contains: (list haz- tizers present in sufficient amounts to ardous product(s)) that may be harmful contribute significantly to a known if misused. Read cautions on individual skin or respiratory sensitization. containers carefully. Keep out of the (6) Combined Statement—If an art reach of children.’’ material contains more than one com- (10) Statements required under para- ponent capable of causing a chronic ad- graphs (b)(8)(i) (D) and (E) of this sec- verse health effect, or if a single chem- tion must be in the English language ical can cause several different chronic and located prominently in con- adverse health effects, the potential ef- spicuous and legible type in contrast fects may be combined into one state- by topography, layout, or color with ment. other printed matter on the label. (7) Information Sources—The pre- (11) Supplemental Information— cautionary label shall contain a state- Where appropriate, more detailed in- ment identifying a source for addi- formation that relates to chronic haz- tional health information substantially ard(s), such as physical properties, de- in conformance with one of the phrases composition products, detailed safety listed below: instructions, or disposal recommenda- (i) For more health information—(24 tions, shall be included in supple- hour cost-free U.S. telephone number), mental documents, such as Material (ii) Contact a physician for more Safety Data Sheets, technical bro- health information, or chures, technical data sheets etc.

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(F) chronic Hazard Statements Do not use/mix with (specify material). MAY CAUSE STERILITY. (ii) The following shall apply with re- CONTACT MAY CAUSE PERMANENT spect to the standard for art materials EYE DAMAGE. set forth in § 1500.14(b)(8)(i). MAY BE HARMFUL BY BREATHING (A) The term art material or art mate- VAPORS/DUSTS. rial product shall mean any substance MAY BE HARMFUL IF SWALLOWED. marketed or represented by the pro- MAY BE HARMFUL BY SKIN CON- ducer or repackager as suitable for use TACT. in any phase of the creation of any MAY PRODUCE BIRTH DEFECTS IN work of visual or graphic art of any THE DEVELOPING FETUS. medium. The term does not include MAY BE EXCRETED IN HUMAN economic poisons subject to the Fed- MILK. eral Insecticide, Fungicide, and MAY CAUSE HARM TO THE NURS- Rodenticide Act or drugs, devices, or ING INFANT. CANCER AGENT! EXPOSURE MAY cosmetics subject to the Federal Food, PRODUCE CANCER. Drug, and Cosmetics Act. CANCER AGENT BASED ON TESTS (B) The standard referred to in para- WITH LABORATORY ANIMALS. graph (b)(8)(i) of this section applies to POSSIBLE CANCER AGENT BASED art materials intended for users of any ON TESTS WITH LABORATORY age. ANIMALS. (C) Each producer or repackager of MAY PRODUCE ALLERGIC REAC- art materials shall describe in writing TION BY INGESTION/INHALATION/ the criteria used to determine whether SKIN CONTACT. an art material has the potential for MAY PRODUCE NUMBNESS OR producing chronic adverse health ef- WEAKNESS IN THE EXTREMITIES. fects. Each producer or repackager EXPOSURE MAY CAUSE (SPECIFY shall submit, to the Commission’s Divi- THE ORGAN(S)) DAMAGE. sion of Regulatory Management, Con- HEATING/COMBUSTION MAY CAUSE sumer Product Safety Commission, HAZARDOUS DECOMPOSITION Washington, DC 20207, the written de- PRODUCTS. scription of the criteria described (G) Precautionary Statements above and a list of art materials that Keep out of reach of children. require hazard warning labels under When using do not eat, drink, or this section. Upon request of the Com- smoke. mission, a producer or repackager shall Wash hands immediately after use. submit to the Commission product for- Avoid inhalation/ingestion/skin con- mulations. tact. (D) All art materials that require Avoid fumes from combustion. chronic hazard labeling pursuant to Keep container tightly closed when not this section must include on the label in use. Store in well-ventilated area. the name and United States address of Wear protective clothing (specify the producer or repackager of the art type). materials, an appropriate United Wear protective goggles/face shield. States telephone number that can be Wear NIOSH-certified mask for dusts/ contacted for more information on the mists/fumes. hazards requiring warning labels under Wear NIOSH-certified respirator with this section, and a statement that such an appropriate cartridge for (specify). art materials are inappropriate for use Wear NIOSH-certified supplied-air res- by children. pirator. (E) If an art material producer or re- Use window exhaust fan to remove va- packager becomes newly aware of any pors and ensure adequate cross ven- significant information regarding the tilation. (Specify explosion-proof if hazards of an art material or ways to necessary.) protect against the hazard, this new in- Do not heat above (specify tempera- formation must be incorporated into ture) without adequate ventilation. the labels of such art materials that Use (specify type) local exhausting are manufactured after 12 months from hood. the date of discovery. If a producer or

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repackager reformulates an art mate- wood pencils, and single colored pens, rial, the new formulation must be eval- markers, and chalk), unless the par- uated and labeled in accordance with ticular product is specifically pack- the standard set forth § 1500.14(b)(8)(i). aged, promoted, or marketed in a man- (F) In determining whether an art ner that would lead a reasonable per- material has the potential for pro- son to conclude that it is intended for ducing chronic adverse health effects, use as an art material. Factors the including carcinogenicity and poten- Commission would consider in making tial carcinogenicity, the toxicologist this determination are how an item is to whom the substance is referred packaged (e.g., packages of multiple under the standard described above colored pencils, chalks, or markers un- shall take into account opinions of var- less promoted for non-art materials ious regulatory agencies and scientific uses are likely to be art materials), bodies, including the U.S. Consumer how it is marketed and promoted (e.g., Product Safety Commission (CPSC), pencils and pens intended specifically the U.S. Environmental Protection for sketching and drawing are likely to Agency (EPA), and the International be art materials), and where it is sold Agency for Research on Cancer (IARC). (e.g., products sold in an art supply (iii) Pursuant to the LHAMA, the store are likely to be art materials). Commission has issued guidelines The products described in this para- which, where possible, specify criteria graph do not meet the statutory defini- for determining when any customary tion of ‘‘art material.’’ or reasonably foreseeable use of an art (2) Tools, implements, and furniture material can result in a chronic haz- used in the creation of a work of art ard. These guidelines include criteria such as brushes, chisels, easels, picture for determining when art materials frames, drafting tables and chairs, can- may produce chronic adverse effects in vas stretchers, potter’s wheels, ham- children and adults, criteria for deter- mers, air pumps for air brushes, kilns, mining which substances contained in and molds. art materials have the potential for (3) Surface materials upon which an producing chronic adverse effects and art material is applied, such as color- what those effects are, criteria for determining the bioavailability of chron- ing books and canvas, unless, as a re- ically hazardous substances contained sult of processing or handling, the con- in art materials when the products are sumer is likely to be exposed to a used in a customary or reasonably fore- chemical in or on the surface material seeable manner, and criteria for deter- in a manner which makes that chem- mining acceptable daily intake levels ical susceptible to being ingested, ab- for chronically hazardous substances sorbed, or inhaled. contained in art materials. Because (4) The following materials whether these guidelines apply to hazardous used as a surface or applied to one, un- substances in general as well as to haz- less, as a result of processing or han- ardous substances in art materials, the dling, the consumer is likely to be ex- guidelines are set forth in § 1500.135 and posed to a chemical in or on the sur- a definition of ‘‘chronic toxicity’’ is pro- face material in a manner which makes vided in § 1500.3(c)(2)(ii) as part of sup- that chemical susceptible to being in- plementation of the term ‘‘toxic’’ in sec- gested, absorbed, or inhaled: paper, tion 2(q) of the FHSA. cloth, plastics, films, yarn, threads, (iv) Policies and interpretations. rubber, sand, wood, stone, tile, ma- (A) For purposes of enforcement pol- sonry, and metal. icy, the Commission will not consider (B) For purposes of LHAMA enforce- as sufficient grounds for bringing an ment policy, the Commission will en- enforcement action under the Labeling force against materials including, but of Hazardous Art Materials Act not limited to, paints, crayons, colored (‘‘LHAMA’’) the failure of the following pencils, glues, adhesives, and putties, if types of products to meet the require- such materials are sold as part of an ments of § 1500.14(b)(8) (i) through (iii). art, craft, model, or hobby kit. The (1) Products whose intended general Commission will enforce the LHAMA use is not to create art (e.g., common requirements against paints or other

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materials sold separately which are in- more than five toxicologists, at least one of tended to decorate art, craft, model, whom is certified in toxicology by a nation- and hobby items. Adhesives, glues, and ally recognized certification board. putties intended for general repair or (e) In cases where there is disagreement by construction uses are not subject to participating producers or participating users, with the determination of the toxi- LHAMA. However, the Commission will cologist(s), there should be a method where- enforce the LHAMA requirements by the toxicologist’s decision can be pre- against adhesives, glues, and putties sented to the advisory board of toxicologists sold separately (not part of a kit) if for arbitration. they are intended for art and craft and [38 FR 27012, Sept. 27, 1973, as amended at 41 model construction uses. This para- FR 22934, June 8, 1976; 48 FR 16, Jan. 3, 1983; graph (b)(8)(iv)(B) applies to products 53 FR 3018, Feb. 3, 1988; 57 FR 46669, Oct. 9, introduced into interstate commerce 1992; 60 FR 8193, Feb. 27, 1995; 61 FR 19829, on or after August 14, 1995. May 3, 1996; 61 FR 33175, June 26, 1996] (C) Commission regulations at § 1500.14(b)(8)(i)(C)(7) require that a § 1500.15 Labeling of fire extin- statement of conformance appear with guishers. art materials that have been reviewed When a substance or mixture of sub- in accordance with the Commission stances labeled for use in or as a fire standard. The Commission interprets extinguisher produces substances that this provision to require a conformance are toxic within the meaning of statement regardless of the presence of § 1500.3(c) (1) and (2) when used accord- any chronic hazard warnings. ing to label directions to extinguish a (D) Nothing in this enforcement fire, the containers for such substances statement should be deemed to alter shall bear the following labeling: any of the requirements of the Federal (a) When substances are produced Hazardous Substances Act ( FHSA ), ‘‘ ’’ that meet the definition of highly toxic such as, but not limited to, the require- in § 1500.3(c)(1), the signal word ‘‘Dan- ment that any hazardous substance in- ger’’ and the statement of hazard ‘‘Poi- tended or packaged in a form suitable sonous gases formed when used to ex- for household use must be labeled in tinguish flame or on contact with heat’’ accordance with section 2(p) of the are required labeling. FHSA. (b) When substances are produced APPENDIX A TO § 1500.14(B)(8)—GUIDELINES that meet the definition of toxic in FOR A CERTIFYING ORGANIZATION (NOT MAN- § 1500.3(c)(2), the signal word ‘‘Caution’’ DATORY) or ‘‘Warning’’ and the statement of haz- (a) The term ‘‘certifying organization,’’ as ard ‘‘Dangerous gas formed when used used in this paragraph, refers to an organiza- to extinguish flame or on contact with tion or an institute that, after assuring that heat’’ are required labeling. all provisions are met, certifies that an art (c) Regardless of whether paragraph material does conform to the labeling requirements of this practice. (a) or (b) of this section applies, any (b) The certifying body may be funded by substance or mixture of substances la- member manufacturers, but should include beled for use as a fire extinguisher users or their representatives, as well as that, if applied to an electrical fire, manufacturers’ chemists, on its technical would subject the user to the likeli- and certifying committees. hood of electrical shock shall be con- (c) Representative samples of art mate- spicuously labeled ‘‘Caution: Do not use rials, labeled as conforming to this section and bought at retail, should be analyzed at on electrical wires.’’ random and from time to time by an analyt- (d) The statements specified in para- ical laboratory to ensure they are the same graphs (a), (b), and (c) of this section as the formulation used by the toxi- shall be in addition to any other that cologist(s) for determining labeling require- may be required under the act. All such ments. substances or mixtures of substances (d) The methods used by the toxicologist(s) shall also bear the additional state- in review and determination of the need and content of precautionary labeling for poten- ments ‘‘Use in an enclosed place may be tially chronic adverse health effects should fatal’’ and ‘‘Do not enter area until well be periodically reviewed by an advisory ventilated and all odor of chemical has board composed of not less than three or disappeared.’’ 471

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§ 1500.17 Banned hazardous sub- § 1500.14(b)(7); § 1500.17(a) (8) and (9); stances. § 1500.83(a)(27); § 1500.85(a)(2); and part (a) Under the authority of section 1507). 2(q)(1)(B) of the act, the Commission (4) Liquid drain cleaners containing declares as banned hazardous sub- 10 percent or more by weight of sodium stances the following articles because and/or potassium hydroxide; except they possess such a degree or nature of that this subparagraph shall not apply hazard that adequate cautionary label- to such liquid drain cleaners if packing cannot be written and the public aged in accordance with a standard for health and safety can be served only by special packaging of such articles pro- keeping such articles out of interstate mulgated under the Poison Prevention commerce: Packaging Act of 1970 (Pub. L. 91–601, (1) Mixtures that are intended pri- 84 Stat. 1670–74 (15 U.S.C. 1471–76)). marily for application to interior ma- (5) Products containing soluble cya- sonry walls, floors, etc., as a water re- nide salts, excluding unavoidable man- pellant treatment and that are ‘‘ex- ufacturing residues of cyanide salts in tremely flammable’’ within the mean- other chemicals that under reasonable ing of section 2(1) of the act (repeated and foreseeable conditions of use will in § 1500.3(b)(10)). not result in a concentration of cya- (2) Carbon tetrachloride and mixtures nide greater than 25 parts per million. containing it (including carbon tetra- (6)(i) Any paint or other similar sur- chloride and mixtures containing it face-coating material intended, or used in fire extinguishers), excluding packaged in a form suitable, for use in unavoidable manufacturing residues of or around the household that: carbon tetrachloride in other chemi- (A) Is shipped in interstate commerce cals that under reasonably foreseeable after December 31, 1973, and contains conditions of use do not result in an at- lead compounds of which the lead con- mospheric concentration of carbon tet- tent (calculated as the metal) is in ex- rachloride greater than 10 parts per cess of 0.06 percent of the total weight million. of the contained solids or dried paint (3) Fireworks devices intended to film; or produce audible effects (including but (B) Is shipped in interstate commerce not limited to cherry bombs, M–80 sa- after December 31, 1972, and contains lutes, silver salutes, and other large lead compounds of which the lead con- firecrackers, aerial bombs, and other tent (calculated as the metal) is in ex- fireworks designed to produce audible cess of 0.5 percent of the total weight effects, and including kits and compo- of the contained solids or dried paint nents intended to produce such fire- film. works) if the audible effect is produced by a charge of more than 2 grains of (C) [Reserved] pyrotechnic composition; except that (D) The provisions of paragraph this provision shall not apply to such (a)(6)(i) of this section do not apply to fireworks devices if all of the following artists’ paints and related materials. conditions are met: (ii) Any toy or other article intended (i) Such fireworks devices are distrib- for use by children that: uted to farmers, ranchers, or growers (A) Is shipped in interstate commerce through a wildlife management pro- after December 31, 1973, and bears any gram administered by the U.S. Depart- paint or other similar surface-coating ment of the Interior (or by equivalent material containing lead compounds of State or local government agencies); which the lead content (calculated as and the metal) is in excess of 0.06 percent of (ii) Such distribution is in response the total weight of the contained solids to a written application describing the or dried paint film; or wildlife management problem that re- (B) Is shipped in interstate commerce quires use of such devices, is of a quan- after December 31, 1972, and bears any tity no greater than required to con- paint or other similar surface-coating trol the problem described, and is material containing lead compounds of where other means of control are un- which the lead content (calculated as available or inadequate. (See also the metal) is in excess of 0.5 percent of

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the total weight of the contained solids chapter, except fireworks devices or dried paint film. which meet all the following condi- (iii) Since the Commission has issued tions: comprehensive regulations for lead- (i) The fireworks devices are distrib- containing paint and certain consumer uted to farmers, ranchers, or growers products bearing such paint at the 0.06 through a wildlife management pro- percent level under the Consumer gram administered by the U.S. Depart- Product Safety Act (see 16 CFR part ment of the Interior (or by equivalent 1303), paragraphs (i) and (ii) of State or local government agencies); § 1500.17(a)(6) are revoked as to the sub- and ject products manufactured after Feb- (ii) Such distribution is in response ruary 27, 1978. to a written application describing the NOTE: The effective date of paragraphs wildlife management problem that re- (a)(6)(i)(A) and (a)(6)(ii)(A) was stayed by an quires use of such devices, is of a quan- order published in the FEDERAL REGISTER of tity no greater than required to con- August 10, 1972 (37 FR 16078). trol the problem described, and is (7) General-use garments containing where other means of control is un- asbestos (other than garments having a available or inadequate. (See also bona fide application for personal pro- § 1500.17(a) (3) and (8)). tection against thermal injury and so (10) Self-pressurized products in- constructed that the asbestos fibers tended or suitable for household use will not become airborne under reason- that contain vinyl chloride monomer ably foreseeable conditions of use). as an ingredient or in the propellant (8) Firecrackers designed to produce manufactured or imported on or after audible effects, if the audible effect is October 7, 1974. (See also § 1500.17(a) (3) produced by a charge of more than 50 and (8)). milligrams (.772 grains) of pyrotechnic (11)(i) Reloadable tube aerial shell composition (not including fire- fireworks devices that use shells larger crackers included as components of a than 1.75 inches in outer diameter and rocket), aerial bombs, and devices that that are imported on or after October may be confused with candy or other 8, 1991. foods, such as ‘‘dragon eggs,’’ and (ii) Findings. (A) General. In order to ‘‘cracker balls’’ (also known as ‘‘ball- issue a rule under section 2(q)(1) of the type caps’’), and including kits and Federal Hazardous Substances Act components intended to produce such (‘‘FHSA’’), 15 U.S.C. 1261(q)(1), fireworks except such devices which classifying a substance or article as a meet all of the following conditions: banned hazardous substance, the FHSA (i) The fireworks devices are distrib- requires the Commission to make cer- uted to farmers, ranchers, or growers tain findings and to include these find- through a wildlife management pro- ings in the regulation. These findings gram administered by the U.S. Depart- are discussed below. ment of Interior (or by equivalent (B) Voluntary standard. Although a State or local governmental agencies); voluntary standard relating to the risk and of injury associated with reloadable (ii) Such distribution is in response tube aerial shells has been adopted, it to a written application describing the has not been implemented. Thus, the wildlife management problem that re- Commission is not required to make quires use of such devices, is of a quan- findings covering the likelihood that tity no greater than required to con- the voluntary standard would result in trol the problem described, and is elimination or adequate reduction of where other means of control is un- the risk of injury or that there would available or inadequate. (See also be substantial compliance with the vol- § 1500.17(a) (3) and (9)). untary standard. (9) All fireworks devices, other than (C) Relationship of benefits to costs. firecrackers, including kits and compo- The Commission estimates that the re- nents intended to produce such fire- moval of large reloadable shells from works, not otherwise banned under the the market is likely to virtually elimi- act, that do not comply with the appli- nate the number of associated injuries, cable requirements of part 1507 of this with only a slight offsetting increase in

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the number of injuries due to the use of (3) The Commission considered in- substitute Class C fireworks products cluding reloadable shells that are 1.75 available to consumers. The estimated inches or less in outer diameter and net benefits range from essentially zero have the ‘‘equivalent explosive power’’ to close to $1 million annually. The an- of larger shells. A kinetic energy level nual costs of a ban are estimated to be of 70 joules was considered to evaluate very low. Included are potential costs explosive power. However, any poten- to foreign manufacturers and U.S. im- tial benefits are uncertain since the porters from sales losses, production Commission concluded that a clear re- changes, and inventory retrofitting, lation between kinetic energy and in- and slightly reduced market choices jury potential could not be established. for consumers who purchase aerial dis- Also, costs could be slightly higher. play fireworks. Costs to each of these (4) The Commission also considered sectors are estimated to be slight, and imposing no mandatory requirements are reduced to the extent that alter- on large reloadable shells and relying native products are perceived as ade- instead on the AFSL voluntary stand- quate substitutes for large reloadable ard. However, it is uncertain whether shells. Thus, the Commission finds that any net benefits to consumers would the benefits expected from the regula- result from this alternative, since the tion bear a reasonable relationship to level of injury reduction could be near its costs. zero if, as is probable, some firms chose (D) Least burdensome requirement. The not to conform with some or all of the Commission considered several alter- AFSL standard. natives to the ban. These included: De- (12)(i) Large multiple-tube devices. Mul- sign or performance criteria; addi- tiple-tube mine and shell fireworks de- tional or alternative labeling; inclu- vices that first enter commerce or are sion of some reloadable shells 1.75 imported on or after March 26, 1997, inches or smaller in the ban; and no ac- that have any tube measuring 1.5 tion in reliance on the voluntary inches (3.8 cm) or more in inner diame- standard. The Commission determined ter, and that have a minimum tip angle that a ban of reloadable shells larger less than 60 degrees when tested in ac- than 1.75 inches in outer diameter is the least burdensome alternative that cordance with the procedure of § 1507.12 would prevent or adequately reduce the of this part. risk of injury. (ii) Findings—(A) General. In order to (1) Regarding design or performance issue a rule under the section 2(q)(1) of criteria, the Commission considered re- the FHSA, 15 U.S.C. 1261(q)(1), quirements similar to those stated in classifying a substance or article as a the voluntary standard of the Amer- banned hazardous substance, the FHSA ican Fireworks Standards Laboratory requires the Commission to make cer- (‘‘AFSL’’). However, such criteria may tain findings and to include these in increase the cost of the product and the regulation. These findings are dis- would not address all factors involved cussed in paragraphs (a)(12)(ii) (B) in the incidents. Further, concerns through (D) of this section. exist about the feasibility of criteria (B) Voluntary standard. (1) One alter- and quality control. native to the tip-angle requirement (2) Regarding additional or alter- that the Commission considered is to native labeling, the users’ perception take no mandatory action, and to de- and experience concerning the amount pend on a voluntary standard. The of time available to get away may lead American Fireworks Safety Labora- them to disregard an inconsistent tory (AFSL) has a standard for mines warning. There are no data to suggest and shells intended to address the po- that a significant number, if any, inci- tential tip-over hazard associated with dents would be avoided if large multiple-tube fireworks devices. reloadable shells carried more detailed AFSL’s Voluntary Standard for Mines labels or instructions than they cur- and Shells—Single or Multiple Shot re- rently do. It cannot be concluded that quires that large multiple-tube devices potential benefits would be greater not tip over (except as the result of the than zero. last shot) when shot on a 2-inch thick

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medium-density foam pad. The Com- injury. Neither additional labeling re- mission cannot conclude that AFSL’s quirements nor reliance on the vol- existing voluntary standard adequately untary standard would adequately re- reduces the risk of injury from large duce the risk of injury. Thus, the Com- devices that tip over while functioning. mission finds that a standard requiring The Commission’s tests using poly- large multiple-tube devices to have a urethane foam did not find sufficient minimum tip angle greater than 60 de- agreement between performance on grees is the least burdensome require- foam and on grass. No other data are ment that would prevent or adequately available to show that this dynamic reduce the risk of injury. test is reliable. (13)(i) Candles made with metal-cored (2) In addition, even if the AFSL wicks. Candles manufactured or im- standard is effective, the Commission ported on or after October 15, 2003, does not believe that compliance with made with metal-cored candlewicks, the standard will be adequate. AFSL unless: reports that it has been testing in ac- (A) The metal core of each cordance with its standard since Janu- candlewick has a lead content (cal- ary 1994. However, the results of culated as the metal) of not more than CPSC’s compliance testing indicate 0.06 percent of the total weight of the that multiple-tube devices still tip metal core; and over while functioning. In fiscal year (B) Each outer container or wrapper 1994, all 24 imported devices the Com- in which candles subject to paragraph mission tested, and 1 of 8 domestic de- (a)(13)(i)(A) of this section are shipped, vices, tipped over while functioning. In including each outer container or fiscal year 1995, 22 of 27 imported de- wrapper in which such candles are dis- vices and 1 of 5 domestic devices tipped tributed to a retail outlet, is labeled over during Commission testing. The ‘‘Conforms to 16 CFR 1500.17(a)(13).’’ For Commission finds that there is un- purposes of this paragraph (B), the likely to be substantial compliance term ‘‘outer container or wrapper’’ does with the voluntary standard applicable not include the immediate container in to multiple-tube devices. which candle(s) is/are intended to be (C) Relationship of benefits to costs. displayed at retail or during use in the The Commission estimates that the 60- home, unless that container or wrapper degree tip-angle standard will elimi- is also the only container or wrapper in nate the unreasonable tip-over risk which the candle(s) is/are shipped to a posed by these devices. This will pro- retailer. vide benefits of saving one life about (ii) Metal-cored candlewicks. Metal- every 3 years, and preventing an un- cored candlewicks manufactured or im- known number of nonfatal injuries. ported on or after October 15, 2003, un- The annual cost of modifying affected less: devices is estimated to be between $1.5 (A) The metal core of each million and $2.7 million. The Commis- candlewick has a lead content (cal- sion finds that the benefits from the culated as the metal) of not more than regulation bear a reasonable relation- 0.06 percent of the total weight of the ship to its costs. metal core; and (D) Least burdensome requirement. The (B) Each outer container or wrapper Commission considered the following in which candlewicks subject to para- alternatives: a ban of all multiple-tube graph (a)(13)(ii)(A) of this section is devices with inner tube diameters 1.5 shipped, including each outer container inches or greater; a dynamic perform- or wrapper of a shipment distributed to ance standard; additional labeling re- a retail outlet, is labeled ‘‘Conforms to quirements; and relying on the vol- 16 CFR 1500.17(a)(13).’’ For purposes of untary standard. Although a ban of all this paragraph (B), the term ‘‘outer large multiple-tube devices would ad- container or wrapper’’ does not include dress the risk of injury, it would be the immediate container in which more burdensome than the tip-angle candlewick(s) is/are intended to be dis- standard. The Commission was unable played or sold at retail, unless that to develop a satisfactory dynamic container or wrapper is also the only standard that would reduce the risk of container or wrapper in which the

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candlewick(s) is/are shipped to a re- vent or adequately reduce the risk of tailer. illness. Therefore the Commission finds (iii) Findings—(A) General. To issue a that a ban on candlewicks containing rule under section 2(q)(1) of the FHSA, more than 0.06 percent lead by weight 15 U.S.C. 1261(q)(1), classifying a sub- of the metal and candles with such stance or article as a banned hazardous wicks is the least burdensome require- substance, the Commission must make ment that would prevent or adequately certain findings and include them in reduce the risk of illness. the regulation. These findings are dis- (b) [Reserved] cussed in paragraphs (a)(13)(iii)(B) (Secs. 2(f)(1), (A), (B), (g), (q)(1)(B), 3(a), 74 through (D) of this section. Stat. 372, 374, as amended 80 Stat. 1304–05, 83 (B) Voluntary Standard. One alter- Stat. 187–189, 90 Stat. 503 (15 U.S.C. 1261, native to the ban that the Commission 1262); sec. 701 (e), (f), (g), 52 Stat. 1055–56, as considered is to take no mandatory ac- amended 70 Stat. 919, 72 Stat. 948 (21 U.S.C. tion, and to depend on a voluntary 371 (e), (f), (g)), sec. 30(a), 86 Stat. 1231 (15 standard. One organization has a U.S.C. 2079(a))) standard for candlewicks intended to [38 FR 27012, Sept. 27, 1973, as amended at 38 address the potential for substantial FR 27514, Oct. 4, 1973; 38 FR 31520, Nov. 15, illness posed by such wicks and candles 1973; 39 FR 30114, Aug. 21, 1974; 39 FR 42903, with such wicks. The Commission has Dec. 9, 1974; 41 FR 22935, June 8, 1976; 42 FR found that the standard is technically 44202, Sept. 1, 1977; 43 FR 12310, Mar. 24, 1978; 48 FR 16, Jan. 3, 1983; 56 FR 37837, Aug. 9, unsound and that substantial compli- 1991; 61 FR 13095, Mar. 26, 1996; 61 FR 18245, ance with it is unlikely. Furthermore, Apr. 25, 1996; 68 FR 19147, Apr. 18, 2003] there is no evidence that the standard has been adopted and implemented by § 1500.18 Banned toys and other candlewick or candle manufacturers. banned articles intended for use by (C) Relationship of Benefits to Costs. children. The Commission estimates that the (a) Toys and other articles presenting ban will reduce the potential for expo- mechanical hazards. Under the author- sure to lead and resulting lead poi- ity of sections 2(f)(1)(D) and 24 of the soning because there is no ‘‘safe’’ level act and pursuant to the provisions of of lead in the blood. The annual cost to section 3(e) of the act, the Commission the candle/wick industry of the ban is has determined that the following estimated by the Commission to be in types of toys or other articles intended the range of $100,000 to $300,000. On a for use by children present a mechan- percentage basis these costs represent ical hazard within the meaning of sec- only 0.005 to 0.015 percent of the overall tion 2(s) of the act because in normal value of candle shipments in 2000, use, or when subjected to reasonably which was approximately $2 billion. foreseeable damage or abuse, the de- Accordingly, the Commission finds sign or manufacture presents an unrea- that the benefits from the regulation sonable risk of personal injury or ill- bear a reasonable relationship to its ness: costs. (1) Any toy rattle containing, either (D) Least burdensome requirement. The internally or externally, rigid wires, Commission considered the following sharp protrusions, or loose small ob- alternatives: no action; labeling all jects that have the potential for caus- metal-cored candles with wicks con- ing lacerations, puncture wound in- taining more than 0.06 percent lead by jury, aspiration, ingestion, or other in- weight of the metal; recordkeeping for jury. (But see § 1500.86(a)(1)). shipments of wicks containing 0.06 per- (2) Any toy having noisemaking com- cent or less lead by weight of the metal ponents or attachments capable of and of candles with such wicks; and re- being dislodged by the operating fea- lying on the voluntary standard. Nei- tures of the toy or capable of being de- ther no action, nor labeling, nor reli- liberately removed by a child, which ance on the voluntary standard would toy has the potential for causing lac- adequately reduce the risk of illness. eration, puncture wound injury, aspira- Recordkeeping for shipments of wicks tion, ingestion, or other injury. and of candles was not the least bur- (3) Any doll, stuffed animal, or other densome requirement that would pre- similar toy having internal or external

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components that have the potential for finger, toe, or any other part of the causing laceration, puncture wound in- anatomy to be inserted, in whole or in jury, or other similar injury. (But see part, and injured by being caught be- § 1500.86(a)(2)); (See also §§ 1500.48 and tween the coils of the spring or be- 1500.49). tween the spring and another part of (4) Lawn darts and other similar the article. sharp-pointed toys usually intended for (iv) Holes in plates or tubes which outdoor use and having the potential provide the possibility of insertion, in for causing puncture wound injury. whole or in part, of a finger, toe, or any (5) Caps (paper or plastic) intended part of the anatomy that could then be for use with toy guns and toy guns not injured by the movement of another intended for use with caps if such caps part of the article. when so used or such toy guns produce (v) Design and construction that per- impulse-type sound at a peak pressure mits accidental collapse while in use. level at or above 138 decibels, referred (But see § 1500.86(a)(4)). to 0.0002 dyne per square centimeter, (7) Toys usually known as clacker when measured in an anechoic chamber balls and consisting of two balls of at a distance of 25 centimeters (or the plastic or another material connected distance at which the sound source or- by a length of line or cord or similar dinarily would be from the ear of the connector (referred to as ‘‘cord’’ in child using it if such distance is less § 1500.86(a)(5)), intended to be operated than 25 centimeters) in any direction in a rhythmic manner by an upward from the source of the sound. This and downward motion of the hand so paragraph is an interim regulation that the two balls will meet forcefully pending further investigation to deter- at the top and bottom of two mine whether prevention of damage to semicircles thus causing a ‘‘clacking’’ the hearing of children requires revi- sound, which toys present a mechan- sion hereof. ical hazard because their design or (6) Any article known as a ‘‘baby- manufacture presents an unreasonable bouncer’’ or ‘‘walker-jumper’’ and any risk of personal injury from fracture, other similar article (referred to in fragmentations, or disassembly of the this paragraph as ‘‘article(s)’’), except toy and from propulsion of the toy or an infant walker subject to part 1216, its part(s). (But see § 1500.86(a)(5).) This which is intended to support very does not include products that are con- young children while sitting, bouncing, structed so that the connecting mem- jumping, and/or reclining, and which bers consist of plastic rods integrally because of its design has any exposed molded to the balls and are mounted on parts capable of causing amputation, a pivot so that movement of the balls crushing, lacerations, fractures, is essentially limited to a single plane. hematomas, bruises, or other injuries (8) Any pacifier that does not meet to fingers, toes, or other parts of the the requirements of 16 CFR part 1511 anatomy of young children. Included and that is introduced into interstate among, but not limited to, the design commerce after February 26, 1978. features of such articles which classify (9) Any toy or other article intended the articles as banned hazardous sub- for use by children under 3 years of age stances are: which presents a choking, aspiration, (i) The areas about the point on each or ingestion hazard because of small side of the article where the frame parts as determined by part 1501 of this components are joined together to chapter and which is introduced into form an ‘‘X’’ shape capable of producing interstate commerce after January 1, a scissoring, shearing, or pinching ef- 1980. For purposes of this regulation, fect. introduction into interstate commerce (ii) Other areas where two or more is defined as follows: A toy or chil- parts are joined in such a manner as to dren’s article manufactured outside the permit a rotational movement capable United States is introduced into inter- of exerting a scissoring, shearing, or state commerce when it is first pinching effect. brought within a U.S. port of entry. A (iii) Exposed coil springs which may toy or children’s article manufactured expand sufficiently to allow an infant’s in the United States is introduced into

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interstate commerce (1) at the time of introduced into interstate commerce its first interstate sale, or (2) at the (a) at the time of its first interstate time of its first intrastate sale if one or sale, or (b) at the time of its first intra- more of its components and/or raw ma- state sale if one or more of its compo- terials were received interstate, which- nents and/or raw materials were re- ever occurs earlier. Part 1501 defines ceived interstate. the term ‘‘toy or other article intended (16) (i) Any article known as an ‘‘infor use by children under 3,’’ as used in fant cushion’’ or ‘‘infant pillow,’’ and this regulation, and exempts certain any other similar article, which has all products from banning under this regu- of the following characteristics (But lation. see § 1500.86(a)(9)): (10)–(11) [Reserved] (A) Has a flexible fabric covering. (12) Any bicycle as defined in The term fabric includes those mate- § 1512.2(a) of this chapter (except a bicy- rials covered by the definition of ‘‘fab- cle that is a ‘‘track bicycle’’ or a ‘‘one- ric’’ in section 2(f) of the Flammable of-a-kind bicycle’’ as defined in § 1512.2 Fabrics Act, 15 U.S.C. 1191(f). (d) and (e) of this chapter) that is in- (B) Is loosely filled with a granular troduced into interstate commerce on material, including but not limited to, or after May 11, 1976, and that does not polystyrene beads or pellets. comply with the requirements of part (C) Is easily flattened. 1512 of this chapter, except for (D) Is capable of conforming to the §§ 1512.5(c)(3), 1512.9(a), 1512.18(e) and body or face of an infant. 1512.18(f) which become effective No- (E) Is intended or promoted for use vember 13, 1976. by children under one year of age. (13) Any full-size baby crib (as de- (ii) Findings—(A) General. In order to fined in § 1508.1(a) of this chapter) that issue a rule under section 2(q)(1) of the is introduced into interstate commerce Federal Hazardous Substance Act on or after February 1, 1974, and that (FHSA), 15 U.S.C. 1261(q)(1), classifying does not comply with the requirements a substance or article as a banned haz- of §§ 1508.2 through 1508.10 of this chap- ardous substance, the FHSA requires ter; and any full size baby crib (as de- the Commission to make certain find- fined in § 1508.1(a) of this chapter) that ings and to include these findings in is manufactured on or after April 27, the regulation. These findings are dis- 1983, and that does not comply with cussed in paragraphs (a)(16)(ii) (B) §§ 1508.2 through 1508.11 of this chapter. through (D) of this section. (14) Any non-full-size baby crib (as (B) Voluntary standard. No findings defined in § 1509.2 of this chapter) that concerning compliance with or ade- is introduced into interstate commerce quacy of a voluntary standard are nec- after August 9, 1976, and that does not essary since no voluntary standard ad- comply with the requirements of dressing infant cushions has been §§ 1509.3 through 1509.12 of this chapter; adopted or implemented. and any non-full size baby crib (as de- (C) Relationship of benefits to costs. fined in § 1509.2 of this chapter) that is The Commission estimates that the re- manufactured on or after April 27, 1983, moval of infant cushions from the mar- and that does not comply with §§ 1509.3 ket will result in total annual benefits through 1509.13 of this chapter. of approximately five million dollars. (15) Any rattle (as defined in § 1510.2 The potential costs to businesses are of this chapter) that is introduced into expected to be offset by production of interstate commerce on or after Au- other products, and the potential costs gust 21, 1978, and that does not comply to consumers are likely to be offset by with the requirements of part 1510 of the availability of substitutes for a this chapter. For purposes of the regu- comparable price. lation, introduction into interstate (D) Least burdensome requirement. The commerce is defined as follows: A rat- Commission considered labeling and a tle manufactured outside the United design or performance standard as al- States is introduced into interstate ternatives to the ban. The Commission commerce when it is first brought does not believe that any form of label- within a U.S. port of entry. A rattle ing would have a significant effect in manufactured in the United States is preventing the hazard associated with

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infant cushions. The Commission also other article intended for use by chil- concluded that no feasible standard ex- dren as a hazardous substance on the ists that would address the hazard. basis that it presents a mechanical Thus, the Commission determined that hazard (as defined in Section 2(s) of the a ban of infant cushions is the least FHSA), the FHSA requires the Com- burdensome alternative that would mission to make the following findings prevent or adequately reduce the risk and to include these findings in the of injury. regulation: Bunk beds present a me- (17) Any ball intended for children chanical hazard; Where a voluntary under three years of age that, under standard has been adopted and imple- the influence of its own weight, passes, mented by the affected industry, that in any orientation, entirely through a compliance with such voluntary stand- circular hole with a diameter of 1.75 ard is not likely to result in the elimi- inches (44.4 mm.) in a rigid template 1⁄4 nation or adequate reduction of the inches (6 mm.) thick. In testing to risk of injury, or it is unlikely that evaluate compliance with this para- there will be substantial compliance graph, the diameter of opening in the Commission’s test template shall be no with such voluntary standard; The ben- greater than 1.75 inches (44.4 mm.). efits expected from the rule bear a rea- (i) For the purposes of this para- sonable relationship to its costs; and graph, the term ‘‘ball’’ includes any The rule imposes the least burdensome spherical, ovoid, or ellipsoidal object requirement that prevents or ade- that is designed or intended to be quately reduces the risk of injury for thrown, hit, kicked, rolled, dropped, or which the rule is being promulgated. bounced. The term ‘‘ball’’ includes any These findings are made in the appen- spherical, ovoid, or ellipsoidal object dix to part 1513. that is attached to a toy or article by (19)(i) Dive sticks, and other similar means of a string, elastic cord, or simi- articles, that are used in swimming lar tether. The term ‘‘ball’’ also in- pools or other water environments for cludes any multi-sided object formed such activities as underwater retrieval by connecting planes into a generally games or swimming instruction, and spherical, ovoid, or ellipsoidal shape which, when placed in the water, sub- that is designated or intended to be merge and rest at the bottom of the used as a ball, and any novelty item of pool. This includes products that are a generally spherical, ovoid, or ellip- pre-weighted to sink to the bottom and soidal shape that is designated or in- products that are designed to allow the tended to be used as a ball. user to adjust the weight. Dive sticks (ii) The term ‘‘ball’’ does not include and similar articles that come to rest dice, or balls permanently enclosed in- underwater at an angle greater than 45 side pinball machines, mazes, or simi- degrees from vertical when measured lar outer containers. A ball is perma- under the test at § 1500.86(a)(7) and dive nently enclosed if, when tested in ac- sticks and similar articles that main- cordance with 16 CFR 1500.52, the ball tain a compressive force of less than 5- is not removed from the outer con- lbf under the test at § 1500.86(a)(8) are tainer. exempt from this banning rule. Arti- (iii) In determining whether such a cles that have a continuous circular ball is intended for use by children under three years of age, the criteria shape, such as dive rings and dive disks specified in 16 CFR 1501.2(b) and the en- are also exempt. forcement procedure established by 16 (ii)(A) Findings. In order for the Com- CFR 1501.5 shall apply. mission to issue a rule under section (18)(i) Any bunk bed (as defined in 2(q)(1) of the FHSA classifying a sub- § 1513.2(c) of this chapter) that does not stance or article as a banned hazardous comply with the requirements of part substance, the Commission must make 1513 of this chapter. certain findings and include these find- (ii) Findings. In order to issue a rule ings in the regulation. 15 U.S.C. under Section 3(e) of the Federal Haz- 1262(i)(2). These findings are discussed ardous Substances Act (FHSA), 15 in paragraphs (a)(18)(ii)(B) through (D) U.S.C. 1262(e), classifying a toy or of this section.

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(B) Voluntary standard. No findings pursuant to provisions of section 3(e) of concerning compliance with and ade- the act, the Commission has deter- quacy of a voluntary standard are nec- mined that the following types of elec- essary because no relevant voluntary trically operated toys or other elec- standard addressing the risk of injury trically operated articles intended for posed by dive sticks has been adopted use by children present electrical, ther- and implemented. mal, and/or certain mechanical hazards (C) Relationship of benefits to costs. within the meaning of section 2 (r), (s), The Commission estimates the poten- and/or (t) of the act because in normal tial benefits of removing hazardous use or when subjected to reasonably dive sticks from the market to be 2 to foreseeable damage or abuse, the de- 4 cents per dive stick. With the avail- sign or manufacture may cause per- ability of substitutes and the expected sonal injury or illness by electric shock low cost of modifying dive sticks to conform to the rule, the Commission and/or presents an unreasonable risk of anticipates that necessary changes will personal injury or illness because of be minimal. The Commission estimates heat as from heated parts, substances, that the costs of the rule will be no or surfaces, or because of certain me- more than 2 to 4 cents per dive stick. chanical hazards. Thus, the Commission finds that there (1) Any electrically operated toy or is a reasonable relationship between other electrically operated article in- the expected benefits of the rule and its tended for use by children (as defined costs. in § 1505.1(a)(1)) that is introduced into (D) Least burdensome requirement. The interstate commerce and which does Commission considered pursuing vol- not comply with the requirements of untary recalls, following a voluntary part 1505 of this chapter. standard, requiring labeling or changing the scope of the rule. A banning NOTE: Paragraph (b)(1) was originally pro- rule would be more effective than case- mulgated as 21 CFR 191.9a(b)(1) with an effective date of September 3, 1973 (38 FR 6138). by-case recalls because the impalement hazard affects all dive sticks, not a spe- (2) [Reserved] cific brand or model. Awaiting recalls (c) Toys and other articles (not elec- would allow these hazardous items on trically operated) presenting electric haz- the market until the Commission ob- ards. Under the authority of section tained recalls. No applicable voluntary 2(f)(1)(D) of the act and pursuant to standard exists, and compliance may provisions of section 3(e) of the act, the be low if one did. Although labeling Commission has determined that the could help reduce the risk of injuries following types of toys or other arti- from dive sticks, it would be less effec- cles intended for use by children (not tive than a banning rule. It may be dif- electrically operated) present an elec- ficult for a label to convey the nec- trical hazard within the meaning of essary information at the time of use. Modifying the scope so that the rule section 2(r) of the act. would only apply to pre-weighted dive (1) Any kite 10 inches or greater in sticks would continue to permit haz- any dimension constructed of alu- ardous items because the unweighted minized polyester film or any kite hav- dive sticks can easily be weighted to ing a tail or other component con- stand vertically at the bottom of the sisting of a piece of aluminized poly- water. Thus, the Commission finds that ester film 10 inches or greater in any a ban of dive sticks with the hazardous dimension presents an electrical hazard characteristics it has identified is the and is a banned hazardous substance least burdensome alternative that because its design (specifically its size would adequately reduce the risk of in- and electrical conductivity) presents a jury. risk of personal injury from electric (b) Electrically operated toys and other shock due to its ability to conduct electrical operated children’s articles pre- electricity and to become entangled in senting electrical, thermal, and/or certain or otherwise contact high voltage elec- mechanical hazards. Under the author- tric power lines. ity of section 2(f)(1)(D) of the act and

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(2) [Reserved] aquatic activities such as rafts, water wings, swim rings, or other similar (15 U.S.C. 1261 (f)(1)(D), (g)(1)(A), (r); 15 U.S.C. 1262(e)(1); 15 U.S.C. 2079(a)) items. (4) Marble means a ball made of a [38 FR 27012, Sept. 27, 1973] hard material, such as glass, agate, EDITORIAL NOTE: For FEDERAL REGISTER ci- marble or plastic, that is used in var- tations affecting § 1500.18, see the List of CFR ious children’s games, generally as a Sections Affected, which appears in the playing piece or marker. The term Finding Aids section of the printed volume marble does not include a marble per- and at www.fdsys.gov. ‘‘ ’’ manently enclosed in a toy or game. A EFFECTIVE DATE NOTE: At 75 FR 81788, Dec. marble is permanently enclosed if, 28, 2010, § 1500.18 was amended by removing when tested in accordance with 16 CFR paragraphs (a)(13) and (14), effective June 28, 2011. 1500.53, it is not removed from the toy or game. § 1500.19 Misbranded toys and other (5) Small part means any object articles intended for use by chil- which, when tested in accordance with dren. the procedures contained in 16 CFR (a) Definitions. For the purposes of 1501.4(a) and 1501.4(b)(1), fits entirely this section, the following definitions within the cylinder shown in Figure 1 shall apply. appended to 16 CFR part 1501. The use (1) Ball means a spherical, ovoid, or and abuse testing provisions of 16 CFR ellipsoidal object that is designed or 1500.51 through 1500.53 and 1501.4(b)(2) intended to be thrown, hit, kicked, do not apply to this definition. rolled, dropped, or bounced. The term (6) Package or packaging refers to the ‘‘ball’’ includes any spherical, ovoid, or immediate package in which a product ellipsoidal object that is attached to a subject to labeling under section 24 of toy or article by means of a string, the act is sold, as well as to any outer elastic cord, or similar tether. The container or wrapping for that pack- term ‘‘ball’’ also includes any multi- age. sided object formed by connecting (7) Descriptive material means any dis- planes into a generally, spherical, crete piece of written material sepa- ovoid, or ellipsoidal shape that is des- rate from the label of the package that ignated or intended to be used as a contains an instruction (whether writ- ball, and any novelty item of a gen- ten or otherwise) for the use of a prod- erally spherical, ovoid, or ellipsoidal uct subject to these labeling require- shape that is designated or intended to ments, any depiction of the product, be used as a ball. The term ‘‘ball’’ does and any written material that specifi- not include dice, or balls permanently cally describes any function, use, warn- enclosed inside pinball machines, ings, user population, design or mate- mazes, or similar outer containers. A rial specification, or other char- ball is permanently enclosed if, when acteristic of the product. A catalog or tested in accordance with 16 CFR other marketing material or advertise- 1500.53, it is not removed from the ment that depicts other products in ad- outer container. dition to the product it accompanies is (2) Small ball means a ball that, under not ‘‘descriptive material’’ unless it the influence of its own weight, passes, contains additional information, such in any orientation, entirely through a as instructions for use of the product it circular hole with a diameter of 1.75 accompanies or lists of accessories ex- inches (44.4 mm.) in a rigid template 1⁄4 clusively for use with that product, inches (6 mm.) thick. In testing to that are designed to focus the pur- evaluate compliance with this regula- chaser’s attention on the product. De- tion, the diameter of opening in the scriptive material ‘‘accompanies’’ a Commission’s test template shall be no product subject to the labeling require- greater than 1.75 inches (44.4 mm.). ments when it is packaged with the (3) Latex balloon means a toy or deco- product or when it is intended to be rative item consisting of a latex bag distributed with the product at the that is designed to be inflated by air or time of sale or delivery to the pur- gas. The term does not include inflat- chaser. ‘‘Descriptive material’’ does not able children’s toys that are used in include statements that appear on the

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package of a product subject to the la- display, or any vending machine from beling requirements. ‘‘Descriptive ma- which they are dispensed, fails to bear terial’’ does not include material in- the labeling statements required in tended solely for use by children if the paragraphs (b) (1) through (4) and para- package it accompanies contains a sep- graph (f)(3) of this section, or if such arate package insert prominently iden- labeling statements fail to comply tified as a warning for parents that with the prominence and conspicuous- contains the required precautionary ness requirements of paragraph (d) of statements. this section. (8) Bin and container for retail display (1) With the exception of books and mean containers in which multiple other articles made of paper, writing unpackaged and unlabeled items are materials such as crayons, chalk, pen- held for direct selection by and sale to cils, and pens, modeling clay and simi- consumers. lar products, fingerpaints, watercolors, (b) Misbranded toys and children’s arti- and other paint sets, and any other ar- cles. Pursuant to sections 2(p) and 24 of ticle identified in 16 CFR 1501.3 (other the FHSA, the following articles are than balloons), any article that is a toy misbranded hazardous substances if or game intended for use by children their packaging, any descriptive mate- who are at least three years old but rial that accompanies them, and, if less than six years of age shall bear or unpackaged and unlabeled, any bin in contain the following cautionary state- which they are held for sale, any con- ment if the toy or game includes a tainer in which they are held for retail small part:

(2) Any latex balloon, or toy or game bear the following cautionary state- that contains a latex balloon, shall ment:

(3)(i) Any small ball intended for shall bear the following cautionary children three years of age or older statement:

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(ii) Any toy or game intended for that contains a small ball shall bear children who are at least three years the following cautionary statement: old but less than eight years of age

(4)(i) Any marble intended for chil- bear the following cautionary state- dren three years of age or older shall ment:

(ii) Any toy or game intended for that contains a marble shall bear the children who are at least three years following cautionary statement: old but less than eight years of age

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section is intended, the following fac- garded as ‘‘other cautionary material’’ tors are relevant: the manufacturer’s as that term is defined in 16 CFR stated intent (such as the age stated on 1500.121(a)(2)(viii). a label) if it is reasonable; the adver- (5) The principal display panel for a tising, marketing, and promotion of bin, container for retail display, or the article; and whether the article is vending machine shall be the side or commonly recognized as being in- surface designed to be most promi- tended for children in this age group. nently displayed, shown, or presented In enforcing this provision, the Com- to, or examined by, prospective pur- mission will follow the procedures set chasers. In the case of bins or con- forth in 16 CFR 1501.5. tainers for retail display, the cau- (d) Prominence and conspicuousness of tionary material may be placed on a labeling statements. The requirements of display card of a reasonable size in re- 16 CFR 1500.121 relating to the promi- lationship to the surface area of the nence and conspicuousness of pre- bin or container. The area of the dis- cautionary labeling statements for haz- play card shall constitute the area of ardous substances shall apply to any the principal display panel. In the case labeling statement required under of vending machines that contain a dis- § 1500.19(b) and (f), with the following play card, the cautionary label may be clarifications and modifications. placed either on the display card, on (1) All labeling statements required the coinage indicator decal, or on the by § 1500.19(b) and (f) shall be in the glass or clear plastic of the machine. If English language. The statements re- there is no display card inside a vend- quired by paragraph (b) need not ap- ing machine, the size of the principal pear in the format and layout depicted display panel will be calculated in ac- in paragraph (b). The statements re- cordance with 16 CFR 1500.121(c) based quired by 16 CFR 1500.19(b) and (f) shall on the size of the front of the container be blocked together within a square or from which items are dispensed, exclu- rectangular area, with or without a sive of the area of metal attachments, border. This means that the state- coin inserts, bases, etc. Any other side ments must appear on at least two or surface of such a bin, container for lines. The statements shall be separated from all other graphic material retail sale, or vending machine that by a space no smaller than the min- bears information, such as price or imum allowable height of the type size product description, for examination for other cautionary material (e.g., the by purchasers shall be deemed to be a principal display panel, excluding any phrase ‘‘Not for children under 3 yrs.’’). If not separated by that distance, the side or surface with information that labeling statements must be sur- only identifies the company that owns rounded by a border line. Label design, or operates a vending machine. the use of vignettes, or the proximity (6) All of the labeling statements re- of other labeling or lettering shall not quired by this section, including those obscure or render inconspicuous any la- classified as ‘‘other cautionary mate- beling statement required under rial,’’ must appear on the principal dis- § 1500.19(b) and (f). This means that play panel of the product, except as such statements shall appear on a solid provided for by § 1500.19(f). Any signal background, which need not differ from word shall appear on the same line and the background color or any other in close proximity to the triangle re- color on the package label. quired by section 24 of the act. Mul- (2) The words ‘‘WARNING’’ or ‘‘SAFE- tiple messages should be provided with TY WARNING’’ required by section 24 sufficient space between them, when of the FHSA shall be regarded as signal feasible, to prevent them from visually words. blending together. (3) The statement ‘‘CHOKING HAZ- (7) All labeling statements required ARD’’ shall be regarded as a statement by this section shall comply with the of the principal hazard associated with following type size requirements. 16 the products subject to this section. CFR 1500.121(c)(1) explains how to com- (4) All other remaining statements pute the area of the principal display required by this section shall be re- panel and letter height.

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Area sq. in ...... 0–2 +2–5 +5–10 +10–15 +15–30 +30–100 +100–400 +400 Type Size ...... Sig. Wd ...... 3⁄64″ 1⁄16″ 3⁄32″ 7⁄64″ 1⁄8″ 5⁄32″ 1⁄4″ 1⁄2″ St. Haz ...... 3⁄64″ 3⁄64″ 1⁄16″ 3⁄32″ 3⁄32″ 7⁄64″ 5⁄32″ 1⁄4″ Oth. Mat ...... 1⁄32″ 3⁄64″ 1⁄16″ 1⁄16″ 5⁄64″ 3⁄32″ 7⁄64″ 5⁄32″

(8) Labeling required by this section shall be separated from the signal word that appears on a bin, container for re- by a distance at least equal to the tail display, or vending machine shall space occupied by the first letter of the be in reasonable proximity to any pric- signal word. In all other respects, tri- ing or product information contained angles with exclamation points shall on the principal display panel, or, if conform generally to the provisions of such information is not present, in 16 CFR 1500.121 relating to signal close proximity to the article that is words. subject to the labeling requirements. (e) Combination of labeling statements. (9) Descriptive material that accom- The labels of products that contain panies a product subject to the labeling more than one item subject to the re- requirements, including accompanying quirements of this section may com- material subject to the alternative al- bine information relating to each of lowed by § 1500.19(f), shall comply with the respective hazards, if the resulting the requirements of 16 CFR condensed statement contains all of 1500.121(c)(6) relating to literature con- the information necessary to describe taining instructions for use which ac- the hazard presented by each article. companies a hazardous substance. If However, in the case of a product that the descriptive material contains in- contains a balloon and another item structions for use, the required pre- subject to the labeling requirements, cautionary labeling shall be in reason- only the signal word and statement of able proximity to such instructions or hazard may be combined. directions and shall be placed together (f) Alternative labeling statements for within the same general area (see 16 small packages. Any cautionary state- CFR 1500.121(c)(6)). ment required by section 1500.19(b) may (10) In the case of any alternative la- be displayed on a display panel of the beling statement permitted under package of a product subject to the la- § 1500.19(e), the requirements of 16 CFR 1500.121(b)(3) and 1500.121(c)(2)(iii) shall beling requirement other than the apply to statements or indicators on principal display panel only if: the principal display panel directing (1) The package has a principal dis- attention to the complete cautionary play panel of 15 square inches or less, labeling that appears on another dis- (2) The full labeling statement re- play panel. quired by paragraph (b) of this section (11) Any triangle required by this sec- is displayed in three or more languages tion shall be an equilateral triangle. on another display panel of the pack- The height of such a triangle shall be age of the product, and equal to or exceed the height of the let- (3)(i) In the case of a toy or game ters of the signal word ‘‘WARNING’’. subject to § 1500.19(b)(1), a small ball The height of the exclamation point in- subject to § 1500.19(b)(3), a marble sub- side the triangle shall be at least half ject to § 1500.19(b)(4), or a toy or game the height of the triangle, and the ex- containing such a ball or marble, the clamation point shall be centered principal display panel of the package vertically in the triangle. The triangle bears the statement:

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and bears an arrow or other indicator (ii) In the case of a balloon subject to pointing toward or directing the pur- § 1500.19(b)(2) or a toy or game con- chaser’s attention to the display panel taining such a balloon, the principal on the package where the full labeling display panel bears the statement: statement appears, or

and bears an arrow or other indicator 1995, if the non-identical requirement pointing toward or directing the pur- was in effect on October 2, 1993. chaser’s attention to the display panel on the package where the full labeling [60 FR 10752, Feb. 27, 1995, as amended at 60 statement appears. FR 41802, Aug. 14, 1995] (g) Alternative for products manufac- § 1500.20 Labeling requirement for ad- tured outside the United States. In the vertising toys and games. case of a product subject to the labeling requirements of § 1500.19(b) which is (a) Scope. This section applies to manufactured outside the United catalogue and other printed material States and is shipped directly from the advertisements which provide a direct manufacturer to the consumer by means of purchase or order of products United States mail or other delivery requiring cautionary labeling under service in an immediate package that sections 24(a) and (b) of the FHSA. contains descriptive material, the de- (b) Effective Date. Under the Con- scriptive material inside the imme- sumer Product Safety Improvement diate package of the product need not Act of 2008, Public Law 110–314, 122 bear the required labeling statement Stat. 3016 (August 14, 2008), (‘‘CPSIA’’), only if the shipping container of the the effective date of the CPSIA’s product contains other accompanying amendment to Section 24 of the FHSA material that bears the required statements displayed in a prominent and to require cautionary statements in conspicuous manner. Products shipped catalogues and other printed materials from abroad to a U.S. affiliate for ship- is February 10, 2009. By this rule, the ment to consumers are included within Commission is providing a grace period the scope of this exception. of 180 days, or until August 9, 2009, dur- (h) Preemption. Section 101(e) of the ing which catalogues and other printed Child Safety Protection Act of 1994 pro- materials printed prior to February 10, hibits any state or political subdivision 2009, may be distributed without such of a state from enacting or enforcing cautionary statements. Catalogues and any requirement relating to cautionary other printed materials that are print- labeling addressing small parts hazards ed on or after February 10, 2009, must or choking hazards associated with any have the required cautionary state- toy, game, marble, small ball, or bal- ments. All catalogues and other print- loon intended or suitable for use by ed materials distributed on or after Au- children unless the state or local re- gust 9, 2009, must comply with this quirement is identical to a require- rule. This rule addresses only cata- ment established by section 24 of the logues and other printed materials; FHSA or by 16 CFR 1500.19. Section however, the CPSIA extends the re- 101(e) allows a state or political subdivision of a state to enforce a non- quirements for cautionary statements identical requirement relating to cau- to Internet advertisements as well. tionary labeling warning of small parts Internet advertisements must comply hazards or choking hazards associated with Section 24 of the FHSA as amend- with any toy subject to the provisions ed by the CPSIA no later than Decem- of section 24 of FHSA until January 1, ber 12, 2008.

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(c) Definitions. For the purposes of dren’s games, generally as a playing this section, the following definitions piece or marker. The term ‘‘marble’’ shall apply. does not include a marble permanently (1) Ball means a spherical, ovoid, or enclosed in a toy or game. A marble is ellipsoidal object that is designed or permanently enclosed if, when tested intended to be thrown, hit, kicked, in accordance with 16 CFR 1500.53, it is rolled, dropped, or bounced. The term not removed from the toy or game. ‘‘ball’’ includes any spherical, ovoid, or (5) Small part means any object ellipsoidal object that is attached to a which, when tested in accordance with toy or article by means of a string, the procedures contained in 16 CFR elastic cord, or similar tether. The 1501.4(a) and 1501.4(b)(1), fits entirely term ‘‘ball’’ also includes a multi-sided within the cylinder shown in Figure 1 object formed by connecting planes appended to 16 CFR part 1501. The use into a generally spherical, ovoid, or el- and abuse testing provisions of 16 CFR lipsoidal shape that is designated or in- 1500.51 through 1500.53 and 1501.4(b)(2) tended to be used as a ball, and any do not apply to this definition. novelty item of a generally spherical, (6) Direct means of purchase or order ovoid, or ellipsoidal shape that is des- means any method of purchase that al- ignated or intended to be used as a lows the purchaser to order the product ball. The term ‘‘ball’’ does not include without being in the physical presence dice, or balls permanently enclosed in- of the product. Advertising that pro- side pinball machines, mazes, or simi- vides a direct means of purchase or lar other containers. A ball is perma- order of a product would include cata- nently enclosed if, when tested in ac- logues or other printed advertising ma- cordance with 16 CFR 1500.53, it is not terial that contain order blanks, tele- removed from the outer container. phone numbers or fax numbers for plac- (2) Small ball means a ball that, under ing orders, and Internet Web sites that the influence of its own weight, passes enable consumers to purchase a prod- in any orientation, entirely through a uct online or through the use of a tele- circular hole with a diameter of 1.75 phone number or fax number provided inches (44.4 mm) in a rigid template 1⁄4 on the Internet Web site. inches (6 mm) thick. In testing to (d) Advertising requirements. Any toy evaluate compliance with this regula- or game that requires a cautionary tion, the diameter of opening in the statement about the choking hazard Commission’s test template shall be no associated with small parts, balloons, greater than 1.75 inches (44.4 mm). small balls, or marbles must bear that (3) Latex balloon means a toy or deco- cautionary statement in the product’s rative item consisting of a latex bag advertising if the advertising provides that is designed to be inflated by air or a direct means to purchase or order the gas. The term does not include inflat- product. able children’s toys that are used in (1) The advertising for any article aquatic activities such as rafts, water that is a toy or game intended for use wings, swim rings, or other similar by children who are at least three items. years old but less than six years of age (4) Marble means a ball made of hard shall bear or contain the following cau- material, such as glass, agate, marble, tionary statement if the toy or game or plastic, that is used in various chil- includes a small part:

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(2) The advertising for any latex bal- latex balloon, shall bear the following loon, or toy or game that contains a cautionary statement:

(3)(i) The advertising for any small of age or older shall bear the following ball intended for children three years cautionary statement:

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(ii) The advertising for any toy or eight years of age that contains a game intended for children who are at small ball shall bear the following cau- least three years old but less than tionary statement:

(4)(i) The advertising for any marble or older shall bear the following cau- intended for children three years of age tionary statement:

(ii) The advertising for any toy or ble shall bear the following cautionary game intended for children who are at statement: least three years old but less than eight years of age that contains a mar-

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(e) Abbreviated warnings for catalogues (2) The full cautionary statements and other printed materials. Abbreviated shall be in conspicuous and legible type versions of the required cautionary in contrast by typography, layout or statements are permitted in each indi- color. vidual product advertisement, provided (3) The full cautionary statements that the corresponding full cautionary shall be clearly numbered according to statements appear in the catalogue and the following scheme: a statement referring to the precise location of the full cautionary state- Required cautionary statement Number ments—such as the page number on 16 CFR 1500.19(b)(1) 1 ...... 1 which the cautionary statements can 16 CFR 1500.19(b)(2) 2 ...... 2 be found—is located at the bottom of 16 CFR 1500.19(b)(3)(i) 3 ...... 3 each catalogue page that contains one 16 CFR 1500.19(b)(3)(ii) 4 ...... 4 or more abbreviated cautionary state- 16 CFR 1500.19(b)(4)(i) 5 ...... 5 6 ments. If abbreviated cautionary state- 16 CFR 1500.19(b)(4)(ii) ...... 6 ments are used: 1 See figure 1. 2 See Figure 2. (1) The full cautionary statements 3 See Figure 3. associated with the abbreviated cau- 4 See Figure 4. tionary statements shall appear: 5 See Figure 5. 6 See Figure 6. (i) Near the beginning of the catalogue, before any catalogue pages that (4) The abbreviated cautionary state- contain advertisements of products ments shall consist of items available for purchase, or 1500.20(e)(3)(i) through 1500.20(e)(3)(iv): (ii) Adjacent to the ordering informa- (i) A safety alert symbol substan- tion or order form in the catalogue. tially similar to that shown in figure 7.

(ii) The phrase, ‘‘CHOKING HAZ- being advertised, followed by a period. ARD,’’ written in capital letters. These numbers shall match the num- (iii) Numbers, separated by commas bers used to identify each full cau- and enclosed within a single set of pa- tionary statement, as specified in rentheses, that identify the applicable 1500.20(e)(2). cautionary statements for the product

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(iv) A single prohibited age range cautionary statement shall be ‘‘Not for written as either ‘‘Not for under 3 yrs’’ under 8 yrs.’’ or ‘‘Not for under 8 yrs,’’ based on the (v) For example, see Figure 8 for the most restrictive age range for all re- abbreviated cautionary statement for quired cautionary statements for that an advertisement of a product that re- product. Thus, if an advertised product quires the cautionary statements spec- requires the cautionary statement ified in 16 CFR 1500.19(b)(1) and 16 CFR specified in 16 CFR 1500.19(b)(2), the 1500.19(b)(2). prohibited age range in the abbreviated

(f) Alternatives to cautionary state- printed matter in the advertisement ments for individual product advertise- and separated from other graphic mat- ments in catalogues and other printed ma- ter. terials. Multiple identical full or abbre- (h) Business to Business Catalogue Ex- viated cautionary statements may be ception. The requirements of section replaced with a single full cautionary 24(c)of the Federal Hazardous Sub- statement under the following cir- stances Act, as amended by section 105 cumstances: of the CPSIA, do not apply to cata- (1) If all products available for pur- logues and other printed materials dis- chase within a catalogue require the tributed solely between businesses un- same cautionary statement, that cau- less the recipient business is one that tionary statement, in full, may appear could be expected to be purchasing the on the front cover, or equally con- product for the use of children (instead spicuous location, of the catalogue in of for resale, e.g.). Examples of busi- lieu of repeating the cautionary state- nesses that can be expected to be pur- ment within the catalogue, provided chasing products for the use of children that it is communicated to consumers include day care centers, schools, and that the cautionary statement applies churches. to all products in the catalogue. [73 FR 67736, Nov. 17, 2008, as amended at 73 (2) If all products on one catalogue FR 71545, Nov. 25, 2008] page or on two facing catalogue pages require the same cautionary state- § 1500.40 Method of testing toxic sub- ment, that cautionary statement, in stances. full, may appear at the top of the page The method of testing the toxic sub- or pages in lieu of repeating the cau- stances referred to in § 1500.3(c) tionary statement in each product ad- (1)(ii)(C) and (2)(iii) is as follows: vertisement, provided that it is com- (a) Acute dermal toxicity (single expo- municated to consumers that the cau- sure). In the acute exposures, the agent tionary statement applies to all prod- is held in contact with the skin by ucts on the catalogue page or pages. means of a sleeve for periods varying (g) Prominence and conspicuousness of up to 24 hours. The sleeve, made of rub- labeling statements. The type size of ab- ber dam or other impervious material, breviated cautionary statements shall is so constructed that the ends are re- be reasonably related to the type size inforced with additional strips and of any other printed matter in the should fit snugly around the trunk of product advertisement, and must be in the animal. The ends of the sleeve are conspicuous and legible type by typog- tucked, permitting the central portion raphy, layout, or color with other to ‘‘balloon’’ and furnish a reservoir for 491

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the dose. The reservoir must have suffi- approximately 2 centimeters from the cient capacity to contain the dose exposed skin. In the case of dry powder without pressure. In the following preparations, the skin and substance table are given the dimensions of are moistened with physiological sa- sleeves and the approximate body sur- line prior to exposure. The sleeve or face exposed to the test substance. The screen is then slipped over the gauze sleeves may vary in size to accommo- that holds the dose applied to the skin. date smaller or larger subjects. In the In the case of finely divided powders, testing of unctuous materials that ad- the measured dose is evenly distributed here readily to the skin, mesh wire on cotton gauze which is then secured screen may be employed instead of the to the area of exposure. sleeve. The screen is padded and raised

DIMENSIONS OF SLEEVES FOR ACUTE DERMAL TOXICITY TEST [Test animal—Rabbits]

Measurements in centimeters Range of weight of ani- Average area of exposure Average percentage Diameter at ends Overall length mals (grams) (square centimeters) of total body surface

7.0 12.5 2,500–3,500 240 10.7

(b) Preparation of test animal. The ani- § 1500.41 Method of testing primary ir- mals are prepared by clipping the skin ritant substances. of the trunk free of hair. Approxi- Primary irritation to the skin is mately one-half of the animals are fur- measured by a patch-test technique on ther prepared by making epidermal the abraded and intact skin of the al- abrasions every 2 or 3 centimeters lon- bino rabbit, clipped free of hair. A min- gitudinally over the area of exposure. imum of six subjects are used in ab- The abrasions are sufficiently deep to raded and intact skin tests. Introduce penetrate the stratum corneum (horny under a square patch, such as surgical layer of the epidermis) but not to gauze measuring 1 inch by 1 inch and distrub the derma; that is, not to ob- two single layers thick, 0.5 milliliter tain bleeding. (in the case of liquids) or 0.5 gram (in (c) Procedures for testing. The sleeve is the case of solids and semisolids) of the slipped onto the animal which is then test substance. Dissolve solids in an ap- placed in a comfortable but immo- propriate solvent and apply the solu- bilized position in a multiple animal tion as for liquids. The animals are im- holder. Selected doses of liquids and so- mobilized with patches secured in place lutions are introduced under the by adhesive tape. The entire trunk of sleeve. If there is slight leakage from the animal is then wrapped with an impervious material, such as rubberized the sleeve, which may occur during the cloth, for the 24-hour period of expo- first few hours of exposure, it is col- sure. This material aids in maintaining lected and reapplied. Dosage levels are the test patches in position and retards adjusted in subsequent exposures (if the evaporation of volatile substances. necessary) to enable a calculation of a After 24 hours of exposure, the patches dose that would be fatal to 50 percent are removed and the resulting reac- of the animals. This can be determined tions are evaluated on the basis of the from mortality ratios obtained at var- designated values in the following ious doses employed. At the end of 24 table: hours the sleeves or screens are removed, the volume of unabsorbed ma- Skin reaction Value 1 terial (if any) is measured, and the skin Erythema and eschar formation: reactions are noted. The subjects are No erythema ...... 0 cleaned by thorough wiping, observed Very slight erythema (barely perceptible) ...... 1 for gross symptoms of poisoning, and Well-defined erythema ...... 2 then observed for 2 weeks. Moderate to severe erythema ...... 3 Severe erythema (beet redness) to slight eschar formations (injuries in depth) ...... 4

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Skin reaction Value 1 and maintained as to exclude sawdust, wood chips, or other extraneous mate- Edema formation: No edema ...... 0 rials that might produce eye irritation. Very slight edema (barely perceptible) ...... 1 Both eyes of each animal in the test Slight edema (edges of area well defined by group shall be examined before testing, definite raising) ...... 2 and only those animals without eye de- Moderate edema (raised approximately 1 millimeter) ...... 3 fects or irritation shall be used. The Severe edema (raised more than 1 millimeter animal is held firmly but gently until and extending beyond the area of expo- quiet. The test material is placed in sure) ...... 4 one eye of each animal by gently pull- 1 The ‘‘value’’ recorded for each reading is the average ing the lower lid away from the eyeball value of the six or more animals subject to the test. to form a cup into which the test sub- Readings are again made at the end of stance is dropped. The lids are then a total of 72 hours (48 hours after the gently held together for one second and first reading). An equal number of ex- the animal is released. The other eye, posures are made on areas of skin that remaining untreated, serves as a con- have been previously abraded. The trol. For testing liquids, 0.1 milliliter abrasions are minor incisions through is used. For solids or pastes, 100 milli- the stratum corneum, but not suffi- grams of the test substance is used, ex- ciently deep to disturb the derma or to cept that for substances in flake, gran- produce bleeding. Evaluate the reac- ule, powder, or other particulate form tions of the abraded skin at 24 hours the amount that has a volume of 0.1 and 72 hours, as described in this para- milliliter (after compacting as much as graph. Add the values for erythema and possible without crushing or altering eschar formation at 24 hours and at 72 the individual particles, such as by tap- hours for intact skin to the values on ping the measuring container) shall be abraded skin at 24 hours and at 72 used whenever this volume weighs less hours (four values). Similarly, add the than 100 milligrams. In such a case, the values for edema formation at 24 hours weight of the 0.1 milliliter test dose and at 72 hours for intact and abraded should be recorded. The eyes are not skin (four values). The total of the washed following instillation of test eight values is divided by four to give material except as noted below. the primary irritation score; for exam- (2) The eyes are examined and the ple: grade of ocular reaction is recorded at 24, 48, and 72 hours. Reading of reac- Exposure Skin reaction time Evalua- tions is facilitated by use of a bin- (hours) tion value ocular loupe, hand slit-lamp, or other expert means. After the recording of Erythema and eschar formation: Intact skin ...... 24 2 observations at 24 hours, any or all Do ...... 72 1 eyes may be further examined after ap- Abraded skin ...... 24 3 plying fluorescein. For this optional Do ...... 72 2 test, one drop of fluorescein sodium Subtotal ...... 8 ophthalmic solution U.S.P. or equivalent is dropped directly on the cornea. Edema formation: After flushing out the excess fluores- Intact skin ...... 24 0 Do ...... 72 1 cein with sodium chloride solution Abraded skin ...... 24 1 U.S.P. or equivalent, injured areas of Do ...... 72 2 the cornea appear yellow; this is best Subtotal ...... 4 visualized in a darkened room under ul- traviolet illumination. Any or all eyes Total ...... 12 may be washed with sodium chloride solution U.S.P. or equivalent after the Thus, the primary irritation score is 24-hour reading. 12÷4=3. (b)(1) An animal shall be considered as exhibiting a positive reaction if the § 1500.42 Test for eye irritants. test substance produces at any of the (a)(1) Six albino rabbits are used for readings ulceration of the cornea each test substance. Animal facilities (other than a fine stippling), or opacity for such procedures shall be so designed of the cornea (other than a slight 493

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dulling of the normal luster), or in- § 1500.43 Method of test for flashpoint flammation of the iris (other than a of volatile flammable materials by slight deepening of the folds (or rugae) Tagliabue open-cup apparatus.

or a slight circumcorneal injection of SCOPE the blood vessels), or if such substance 1. (a) This method describes a test proce- produces in the conjunctivae (exclud- dure for the determination of open-cup ing the cornea and iris) an obvious flashpoints of volatile flammable materials swelling with partial eversion of the having flashpoints below 175 °F. lids or a diffuse crimson-red with indi- (b) This method, when applied to paints vidual vessels not easily discernible. and resin solutions which tend to skin over (2) The test shall be considered posi- or which are very viscous, gives less repro- ducible results than when applied to sol- tive if four or more of the animals in vents. the test group exhibit a positive reaction. If only one animal exhibits a posi- OUTLINE OF METHOD tive reaction, the test shall be regarded 2. The sample is placed in the cup of a Tag as negative. If two or three animals a Open Tester, and heated at a slow but con- positive reaction, the test is repeated stant rate. A small test flame is passed at a using a different group of six animals. uniform rate across the cup at specified intervals. The flashpoint is taken as the lowest The second test shall be considered temperature at which application of the test positive if three or more of the animals flame causes the vapor at the surface of the exhibit a positive reaction. If only one liquid to flash, that is, ignite but not con- or two animals in the second test ex- tinue to burn.

hibit a positive reaction, the test shall APPARATUS be repeated with a different group of six animals. Should a third test be 3. The Tag open-cup tester is illustrated in Fig. 1. It consists of the following parts, needed, the substance will be regarded which must conform to the dimensions as an irritant if any animal exhibits a shown, and have the additional characteris- positive response. tics as noted: (c) To assist testing laboratories and other interested persons in inter- preting the results obtained when a substance is tested in accordance with the method described in paragraph (a) of this section, an ‘‘Illustrated Guide for Grading Eye Irritation by Haz- ardous Substances’’ will be sold by the Superintendent of Documents, U.S. Government Printing Office, Wash- ington, D.C. 20402. 1 The guide will contain color plates depicting responses of varying intensity to specific test solutions. The grade of response and the substance used to produce the response will be indicated. [38 FR 27012, Sept. 27, 1973; 38 FR 30105, Nov. 1, 1973; 62 FR 46667, Sept. 4, 1997]

1 The Illustrated Guide is out of print and, as of January 1, 1981, no longer available. However, information about the test method, and black and white photocopies may be ob- (a) Copper bath, preferably equipped with a tained by writing to the Directorate for Epi- constant level overflow so placed as to main- demiology and Health Sciences, CPSC, Wash- tain the bath liquid level 1⁄8-inch below the ington, D.C. 20207, (301) 504–0957. rim of the glass cup.

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(b) Thermometer holder. Support firmly with flame torch prescribed in the method of test ringstand and clamp. for flash and fire points by Cleveland Open (c) Thermometer. For flashpoints above 40 Cup (ASTM designation: D 92) is satisfac- °F., use the ASTM Tag Closed Tester Ther- tory. mometer, range of +20 to +230 °F., in 1 °F. di- (h) Alternative methods for maintaining visions, and conforming to thermometer 9F. the ignition taper in a fixed horizontal plane of ASTM Standard E 1. For flashpoints from above the liquid may be used, as follows: 20 °F. to 40 °F., use ASTM Tag Closed Tester, (1) Guide wire, 3⁄32-inch in diameter and 31⁄2 Low Range, Thermometer 57F. For inches in length, with a right-angle bend 1⁄2- flashpoints below 20 °F., use ASTM Ther- inch from each end. This wire is placed snug- mometer 33F. The original Tag Open-Cup ly in holes drilled in the rim of the bath, so (Paper Scale) Thermometer will be a permis- that the guide wire is 5⁄8-inch from the center sible alternate until January 1, 1962. It is of the cup and resting on the rim of the cup. calibrated to ¥20 °F. (2) Swivel-type taper holder, such as is (d) Glass test cup. Glass test cup (Fig. 2), of used in ASTM METHOD D 92. The height and molded clear glass, annealed, heat-resistant, position of the taper are fixed by adjusting and free from surface defects. the holder on a suitable ringstand support adjacent to the flash cup. (i) Draft shield, consisting of two rectangular sheets of noncombustible material, 24 inches × 28 inches, are fastened together along the 28-inch side, preferably by hinges. A triangular sheet, 24 inches × 24 inches × 34 inches is fastened by hinges to one of the lat- eral sheets (to form a top when shield is open). The interior of the draft shield shall be painted a flat black.

PROCEDURE 4. (a) Place the tester on a solid table free of vibration, in a location free of perceptible draft, and in a dim light. (b) Run water, brine, or water-glycol solution into the bath to a predetermined level, which will fill the bath to 1⁄8-inch below the top when the cup is in place. An overflow is permissible for water-level control. (c) Firmly support the thermometer vertically halfway between the center and edge of the cup on a diameter at right angles to the guide wire, or on a diameter passing through the center of the cup and the pivot of the taper. Place so that the bottom of the bulb is 1⁄4-inch from the inner bottom surface of the cup. If the old Tagliabue thermometer is used, immerse to well cover the mercury (e) Leveling device. Leveling device or bulb, but not the wide body of the thermom- guide, for proper adjustment of the liquid eter. level in the cup (Fig. 3). This shall be made (d) Fill the glass cup with the sample liq- of No. 18-gage polished aluminum, with a uid to a depth just 1⁄8-inch below the edge, as projection for adjusting the liquid level when determined by the leveling device. the sample is added to exactly 1⁄8-inch below (e) Place the guide wire or swivel device in the level of the edge or rim of the cup. position, and set the draft shield around the tester so that the sides from right angles with each other and the tester is well toward the back of the shield. (f) If a guide wire is used, the taper, when passed, should rest lightly on the wire, with the end of the jet burner just clear of the edge of the guide wire. If the swivel-type holder is used, the horizontal and vertical (f) ‘‘Micro,’’ or small gas burner of suitable positions to the jet are so adjusted that the dimensions for heating the bath. A screw jet passes on the circumference of a circle, clamp may be used to help regulate the gas. having a radius of at least 6 inches, across A small electric heater may be used. the center of the cup at right angles to the (g) Ignition taper, which is a small diameter passing through the thermometer, straight, blow-pipe type gas burner. The test and in a plane 1⁄8-inch above the upper edge

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of the cup. The taper should be kept in the Purity: 95 percent minimum, calculated in ‘‘off’’ position, at one end or the other of the accordance with the method of test for de- swing, except when the flame is applied. termination of purity from freezing points (g) Light the ignition flame and adjust it of high-purity compounds (ASTM designa- to form a flame of spherical form matching tion: D 1016), from the experimentally de- in size the 5⁄52-inch sphere on the apparatus. termined freezing point, measured by the (h) Adjust heater source under bath so that method of test for measurement of freezing the temperature of the sample increases at a points of high-purity compounds for eval- rate of 2±0.5 °F. per minute. With viscous ma- uation of purity (ASTM designation: D terials this rate of heating cannot always be 1015). obtained. (ii) Specifications for ispropanol, flash point INITIAL TEST check grade. Isopropanol shall conform to the following requirements: 5. Determine an approximate flashpoint by passing the taper flame across the sample at Specific gravity: 0.8175 to 0.8185 at 20 °C./20 intervals of 2 °F. Each pass must be in one °C. as determined by means of a calibrated direction only. The time required to pass the pycnometer. ignition flame across the surface of the sam- Distillation range: Shall entirely distill ple should be 1 second. Remove bubbles from within a 1.0 °C. range which shall include the surface of the sample liquid before start- the temperature 80.4 °C. as determined by ing a determination. Meticulous attention to ASTM method D 1078. all details relating to the taper, size of taper flame, and rate of passing the taper is nec- Average these values for each compound. If essary for good results. When determining the difference between the values for these the flashpoint of viscous liquids and those two compounds is less than 15 °F. (8.5 °C.) or liquids that tend to form a film of polymer, more than 27 °F. (16 °C.), repeat the deter- etc., on the surface, the surface film should minations or obtain fresh standards. be disturbed mechanically each time before (b) Calculate a correction factor as follows: the taper flame is passed. X = 92 ¥ A RECORDED TESTS Y = 71 ¥ B 6. Repeat the procedure by cooling a fresh Correction = (X + Y) / 2. portion of the sample, the glass cup, the bath solution, and the thermometer at least 20 °F. Where: below the approximate flashpoint. Resume A=Observed flash of p- xylene, and heating, and pass the taper flame across the B=Observed flash of isopropyl alcohol. sample at two intervals of 2 °F. until the flashpoint occurs. Apply this correction of all determinations. Half units in correction shall be discarded. REPORTING DATA PRECISION 7. The average of not less than three recorded tests, other than the initial test, 9. (a) For hydrocarbon solvents having shall be used in determining the flashpoint flashpoints between 60 °F. and 110 °F., repeat- and flammability of the substance. ability is ±2 °F. and the reproducibility is ±5 °F. STANDARDIZATION (b) If results from two tests differ by more ° 8. (a) Make determinations in triplicate on than 10 F., they shall be considered uncer- the flashpoint of standard paraxylene and of tain and should be checked. This calibration standard isopropyl alcohol which meet the procedure provided in this method will can- following specifications: cel out the effect of barometric pressure if (i) Specifications for p-xylene, flashpoint calibration and tests are run at the same check grade. p-xylene shall conform to the fol- pressure. Data supporting the precision are lowing requirements; given appendix III of the 1956 Report of Com- mittee D–1 on Paint, Varnish, Lacquers and Specific gravity: 15.56 °C./15.56 °C., 0.860 min- Related Products, Proceedings, Am. Soc. imum, 0.866 maximum Testing Mats., Vol. 56 (1956). ° Boiling range: 2 C. maximum from start to NOTE: The test apparatus and procedure de- dry point when tested in accordance with scribed in § 1500.43 may be used by manufac- the method of test for distillation of indus- turers and labelers of products subject to the trial aromatic hydrocarbons (ASTM des- Federal Hazardous Substances Act to deter- ignation: D 850), or the method of test for mine flashpoint temperatures of those prod- distillation range of lacquer solvents and ucts under the conditions set forth in diluents (ASTM) designation D 1078). The § 1500.3(c)(6)(iv), as amended. range shall include the boilng point of pure P-xylene, which is 138.35 °C. (281.03 °F.). [51 FR 28537, Aug. 8, 1986]

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§ 1500.43a Method of test for flashpoint issued by the Commission to reclassify of volatile flammable materials. the substance. (a) Scope. (1) This method describes (b) Summary of test methods. (1) Meth- the test procedure which the Commis- od A—Flash/No Flash Test. A specified volume of sample is introduced by a sy- sion will use for the determination of ringe into the cup of the apparatus the flashpoint of volatile flammable that is set and maintained at the speci- materials, using a Setaflash 1 low-range fied temperature. After a specific time closed tester, or an apparatus pro- a test flame is applied and an observa- ducing equivalent results. The method tion made as to whether or not a flash described in this section is essentially occurred. Test procedures are set forth a Setaflash equilibrium procedure in detail in § 1500.43a(i). which closely parallels the test method (2) Method B—Finite (or Actual) designated ASTM D 3828-81, Standard ‘‘ Flashpoint. (i) A specified voume of Test Methods for Flash Point by sample is introduced into the cup of Setaflash Closed Tester, published by ’’ the apparatus that is maintained at the American Society for Testing and the expected flashpoint. After a speci- Materials (ASTM), 1916 Race Street, fied time a test flame is applied and Philadelphia, Pennsylvania 19103. Man- the observation made whether or not a ufacturers and labelers of products sub- flash occurred. ject to labeling and other requirements (ii) The specimen is removed from under the Federal Hazardous Sub- the cup, the cup cleaned, and the cup stances Act may use other apparatus temperature adjusted 5 °C (9 °F), lower and/or test methods which produce or higher depending on whether or not equivalent results. a flash occurred previously. A fresh (2) At the option of the user, the pro- specimen is introduced and tested. This cedures described in this section may procedure is repeated until the be used to determine the actual flashpoint is established within 5 °C (9 flashpoint temperature of a sample or °F). to determine whether a product will or (iii) The procedure is then repeated will not flash at a specified tempera- at 1 °C (2 °F) intervals until the ture (flash/no flash). flashpoint is determined to the nearest (3) If the substance to be tested has a 1 °C (2 °F). viscosity greater than 150 Stokes at 77 (iv) If improved accuracy is desired ° ° F (25 C), see paragraph (n) of this sec- the procedure is repeated at 0.5 °C (1 tion for modifications to the testing °F). Test procedures are set forth in de- procedure. tail at § 1500.43a(j). (4) If the Commission has reason to (3) The test procedures will be modi- believe on the basis of reliable experi- fied, where necessary, to ensure that ence or other relevant information or the results obtained reflect the hazard data that the flammability hazard of a of the substance under reasonably fore- substance is greater or less than its seeable conditions of use. Thus, for ex- flammability classification based on ample, the material, if a mixture, will flashpoint temperature determined in normally be tested as it comes from accordance with this § 1500.43a and that the container, and/or after a period of the substance should be reclassified, evaporation. The period of evaporation the Commission will initiate a rule- for a material which is a mixture will making proceeding for reclassification normally be the time required for the of the substance. Product manufactur- mixture to evaporate in an open beaker ers and labelers may use reliable expe- under ambient conditions to 90 percent rience or other relevant information or of its original volume, or a period of data in addition to the flashpoint tem- four hours, whichever occurs first. perature of a substance as a basis for However, this period of evaporation compliance with any applicable re- will be changed if the results obtained quirements of the Federal Hazardous do not represent the hazard of the sub- Substances Act in the absence of a rule stance under reasonably foreseeable conditions of use. 1 Setaflash is a registered trademark of (c) Definition of flashpoint. The lowest Stanhope-Seta Limited, Surrey, England. temperature of the sample, corrected

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to a barometric pressure of 101.3 kPa (2) Read the manufacturer’s instruc- (760 mm Hg), at which application of a tions on the care and servicing of the test flame causes the vapor of the sam- instrument and for correct operation of ple to ignite under specified conditions its controls. of test. The sample is deemed to have (h) Calibration and standardization. (1) flashed when a large flame appears and Before initial use determine and plot instantaneously propagates itself over the relationship between the tempera- the surface of the sample. Occasion- ture control dial and the thermometer ally, particularly near actual readings at each major (numbered) dial flashpoint, the application of the test division as follows: flame will cause a halo or an enlarged Turn the temperature control knob 2 flame; this is not a flash and should be fully counterclockwise (‘‘O’’ reading). ignored. Advance the temperature control knob (d) Test apparatus. The test apparatus clockwise until the indicator light is is an equilibrium closed-cup tester illuminated. 3 Advance the knob clock- ° ° with a range up to 100 C (212 F). The wise to the next numbered line. After essential dimensions and requirements the thermometer mercury column are shown in figure 1 and table 3, and ceases to advance, record the dial read- are described in § 1500.43a(m). Closed- ing and the temperature. Advance the cup flashpoint testers and accessories knob clockwise to the next numbered meeting these requirements are avail- line. After the thermometer mercury able from commercial suppliers and column ceases to advance, read the dial distributors of laboratory equipment. reading and the temperature. Repeat (e) Safety precautions. The operator this procedure through the full range must exercise and take appropriate of the instrument. Plot the dial read- safety precautions during the initial ings versus the respective tempera- application of the test flame to the tures. sample. Samples containing low-flash (2) Standardize the instrument using material may give an abnormally a sample of material meeting the speci- strong flash when the test flame is first applied. fications in table 1. If the average of (f) Preparation of samples. (1) Erro- two determinations falls within the ac- neously high flashpoints may be ob- ceptable limits the instrument is as- tained if precautions are not taken to sumed to be operating properly. If the avoid the loss of volatile material. In average of the two determinations does preliminary tests of materials taken not fall within this range, check the directly from the container, do not manufacturer’s operating and mainte- open containers unnecessarily and nance instructions and determine that make a transfer unless the sample tem- they are being followed. In particular, perature is at least 10 °C (18 °F) below be sure that the cup lid assembly the expected flashpoint. Do not use makes a vapor-tight seal with the cup, samples in leaky containers for this the shutter provides a light-tight seal, test. and that adequate heat transfer paste (2) Do not store samples in plastic surrounds the thermometer bulb and (polyethylene, polypropylene, etc.) bot- the immersed portion of the barrel. tles since volatile material may diffuse (i) Test Method A—for determining through the walls of the bottle. Flash/No Flash. (1) Determine the tar- (3) A 2-ml specimen is required for get flashpoint as follows: each test. If possible, obtain at least a 50-ml sample from the bulk test site 2 If the instrument has two temperature and store in a clean, tightly closed con- control knobs, set the fine control (center, tainer. small knob) at its mid-position and allow it (g) Preparation of apparatus. (1) Place to remain there throughout the calibration. the tester on a level, stable surface. The calibration is determined by adjusting Unless tests are made in a draft-free the coarse control (large, outer knob) only. 3 When using the tester, it will be found area, surround the tester on three sides that the indicator light may not illuminate with a shield for protection. Do not and the temperature may not rise until a rely on tests made in a laboratory temperature control dial setting between one draft hood or near ventilators. and two is reached.

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(i) Target flashpoint, °C=Sc—0.25 (A) Caution: Do not cool the sample (101.3—A) block below ¥38 °C, the freezing point (ii) Target flashpoint, °C=Sc—0.03 of mercury. (760–B) (B) Caution: Acetone is extremely (iii) Target flashpoint, °F=Sf—0.06 flammable. Keep away from heat, (760–B) sparks, and flames and keep container closed when not actually pouring ace- where: tone. Use only in a well-ventilated Sc=specification, or uncorrected target, area. Avoid inhalation and contact ° flashpoint, C, with the eyes or skin. Use cloth or Sf=specification, or uncorrected target, flashpoint, °F, leather gloves, goggles or safety shield, B=ambient barometric pressure, mm Hg, 4 and keep dry ice in a canvas bag, espe- and cially when cracking. A=ambient barometer pressure, kPa. 4 (ii) For target temperature above ambient. Switch the instrument on and (2) Inspect the inside of the sample turn the coarse temperature control cup, lid, and shutter mechanism for knob fully clockwise (full on) causing cleaniness and freedom from contami- the indicator light to illuminate. 6 nation. Use an absorbent paper tissue When the thermometer indicates a to wipe clean, if necessary. Put cover temperature about 3 °C (5 °F) below the in place and lock securely. The filing target (or specification) temperature, orifice may be convenienty cleaned reduce the heat input to the sample with a pipe cleaner. cup by turning the coarse temperature (3) Set the instrument at the target control knob counter-clockwise to the temperature. desired control point (see (i) For target temperature below am- § 1500.43a(i)(1)). When the indicator bient. The instrument power switch is light slowly cycles on and off read the to be in the off position. Fill the temperature on the thermometer. If refigerant-charged cooling block with a necessary, adjust the fine (center) tem- 5 suitable material. Raise the lid and perature control knob to obtain the de- shutter assembly, and position the base sired test (target) temperature. When of the block in the sample cup, being the test temperature is reached and the careful not to injure or mar the cup. indicator lamp slowly cycles on and When the thermometer reads approxi- off, prepare to introduce the sample. ° ° mately 6 to 10 C (10 to 20 F) below the (4) Charge the syringe with a 2-ml target temperature, remove the cooling specimen of the sample 7 to be tested; block and quickly dry the cup with a transfer the syringe to the filling ori- paper tissue to remove any moisture. fice, taking care not to lose any sam- Immediately close the lid and shutter ple; discharge the test specimen into assembly and secure. Prepare to intro- the cup by fully depressing the syringe duce the sample using the syringe, plunger, remove the syringe. both of which have been precooled to a (5)(i) Set the timer 8 by rotating its ° ° temperature 5 to 10 C (10 to 20 F) knob clockwise to its stop. Open the below the target temperature. 6 The target temperature may be attained 4 The barometric pressure used in this cal- by originally turning the coarse temperature culation must be the ambient pressure for control knob to the proper setting (see the laboratory at the time of test. Many an- § 1500.43a(h)(1) for the temperature desired eroid barometers, such as those used at rather than the maximum setting (full on). weather stations and airports, are The elapsed time to reach the temperature precorrected to give sea-level readings; these will be greater, except for maximum tem- must not be used. perature. However, less attention will be re- 5 If the target or specification temperature quired during the intervening period. is not less than 5 °C (40 °F) crushed ice and 7 For target or expected temperatures water may be used as charging (cooling) below ambient, both syringe and sample fluid. If below 5 °C (40 °F), a suitable charg- must be precooled to cup temperature (see ing (cooling) fluid is solid carbon dioxide § 1500.43a(i)(3)(i)) before the specimen is (dry ice) and acetone. If the refrigerant taken. charged cooling module is unavailable, refer 8 For target temperatures below ambient, to the manufacturer’s instruction manual do not set the timer. Adjust the test flame for alternative methods of cooling. Continued

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gas control valve and light the pilot (10 to 20 °F) below the expected tem- and test flames. Adjust the test flame perature (See § 1500.43a(j)(5)). with the pinch valve to conform to the (ii) Caution: Do not cool the sample size of the 4-mm (5/32-in.) gage. block below ¥38 °C, the freezing point (ii) After the time signal indicates of mercury. the specimen is at test temperature 8, (3) For tests where the expected apply the test flame by slowly and uni- flashpoint is above ambient. Turn the formly opening the shutter and closing coarse temperature control knob fully it completely over a period of approxi- clockwise (full on) causing the indi- mately 21⁄2 s. 9 Watch closely for a flash cator light to illuminate. When the at the cup openings. thermometer reaches a temperature 3 (iii) The sample is deemed to have °C (5 °F) below the estimated flashed when a large flame appears and flashpoint, turn the coarse tempera- instantaneously propagates itself over ture knob counter-clockwise to the dial the surface of the sample (see reading representing the estimated § 1500.43a(c)). flashpoint temperature as shown on (6) Record the test results as ‘‘flash’’ the calibration curve (See or ‘‘no flash’’ and the test temperature. § 1500.43a(h)(1)). When the indicator (7) Turn off the pilot and test flames light slowly cycles on and off, read the using the gas control valve. Remove temperature on the thermometer. If the sample and clean the instrument. necessary, adjust the fine temperature It may be necessary to allow the cup control knob to obtain the exact de- temperature to decline to a safe level sired temperature. before cleaning. (4)(i) Charge the syringe 7 with a 2 ml (j) Test Method B—for determining Fi- specimen of the sample 7 to be tested; nite or Actual Flashpoint. (1) Inspect the transfer the syringe to the filling ori- inside of the sample cup, lid, and shut- fice, taking care not to lose any sam- ter mechanism for cleanliness and free- ple; discharge the test specimen into dom from contamination. Use an ab- the cup by fully depressing the syringe sorbent paper tissue to wipe clean, if plunger; remove the syringe. necessary. Put cover in place and lock 10 securely. The filling orifice may be (ii) Set the timer by rotating its conveniently cleaned with a pipe clean- knob clockwise to its stop. Open the er. gas control valve and ignite the pilot (2) For expected flashpoints below and test flames. Adjust the test flame ambient. (i) The instrument power with the pinch valve to conform to the 5 switch is to be in off position. Fill the size of the 4-mm ( ⁄32-in.) gage. refrigerant-charged cooling block with (iii) After the audible time signal in- a suitable material. 5 Raise the lid and dicates the specimen is at test tem- shutter assembly, and position the base perature, 10 apply the test flame by of the block in the sample cup, being slowly and uniformly opening the shut- careful not to injure or mar the cup. ter and then closing it completely over When the thermometer reaches a tem- a period of approximately 21⁄2 s. Watch perature 5 to 10 °C (10 to 20 °F) below closely for a flash at the cup opening. the expected flashpoint, remove the (iv) The sample is deemed to have cooling block and quickly dry the cup flashed only if a large flame appears with a paper tissue to remove any and instantaneously propagates itself moisture. Immediately close the lid over the surface of the sample. (See and shutter assembly and secure. Pre- § 1500.43a(c).) pare to introduce the sample using the (v) Turn off the pilot and test flames syringe, both of which have been using the gas control valve. When the precooled to a temperature 5 to 10 °C cup temperature declines to a safe

and allow the temperature to rise under am- 10 For expected flashpoint below ambient, bient conditions until the target tempera- do not set the timing device. Adjust the test ture is reached. Immediately apply the test flame. Allow the temperature to rise under flame as detailed. ambient conditions until the temperature 9 Never apply the test flame to the speci- reaches 5 °C (9 °F) below the expected men more than once. Fresh portions of the flashpoint. Immediately apply the test sample must be used for each test. flame.

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level, remove the sample and clean the from 101.3 kPa (760 mm Hg), correct the instrument. flashpoint as follows: (5)(i) If a flash was observed in (1) Corrected flashpoint ( °C)=C+0.25 § 1500.43a(j)(4)(iii) repeat the procedure (101.3–A) given in § 1500.43a(j)(2) or (3), and in (2) Corrected flashpoint ( °F)=F+0.06 § 1500.43a(j)(4), testing a new specimen (760–B) at a temperature 5 °C (9 °F) below that (3) Corrected flashpoint ( °C)=C+0.03 at which the flash was observed. (760–B) ° (ii) If necessary, repeat the procedure Where: F=Observed flashpoint, F, C=observed flashpoint, °C, in § 1500.43a(j)(5)(i), lowering the tem- B=ambient barometric pressure, mm Hg; and perature 5 °C (9 °F) each time, until no A=ambient barometric pressure, kPa. flash is observed. 9 (l) Precision. The precision of the (iii) Proceed to § 1500.43a(j)(7). method as determined by statistical (6)(i) If no flash was observed in examination of interlaboratory results § 1500.43a(j)(4)(iii) repeat the procedure is as follows: given in § 1500.43a(j)(2) or (3), and in (1) Repeatability. The difference be- § 1500.43a(j)(4), testing a fresh specimen tween two test results obtained by the at a temperature 5 °C (9 °F) above that same operator with the same apparatus at which the specimen was tested in under constant operating conditions on § 1500.43a(j)(4)(iii). identical test material, would, in the (ii) If necessary repeat the procedure long run, in the normal and correct op- in § 1500.43a(j)(6)(i), above, raising the eration of the test method, exceed the temperature 5 °C (9 °F) each time until values shown in table 2 only in 1 case a flash is observed. 9 in 20. (2) Reproducibility. The difference (7) Having established a flash within between two single and independent re- two temperatures 5 °C (9 °F) apart, results obtained by different operators peat the procedure at 1 °C (2 °F) inter- working in different laboratories on vals from the lower of the two tem- identical test material, would, in the peratures until a flash is observed. 9 long run, in the normal and correct op- Record the temperature of the test eration of the test method, exceed the when this flash occurs as the values shown in table 2 only in 1 case flashpoint, allowing for any known in 20. thermometer correction. Record the 4 (m) Flash Test Apparatus. (1)(i) Unit barometric pressure. consisting of an aluminum alloy or (8) The flashpoint determined in nonrusting metal block of suitable con- ° § 1500.43a(j)(7) will be to the nearest 1 C ductivity with a cylindrical depression, (2 °F). If improved accuracy is desired or sample cup, over which is fitted a (that is, to the nearest 0.5 °C (1 °F)), cover. A thermometer is embedded in test a fresh specimen at a temperature the block. 0.5 °C (1 °F) below that at which the (ii) The cover is fitted with an open- flash was observed in § 1500.43a(j)(7). If ing slide and a device capable of insert- no flash is observed, the temperature ing an ignition flame (diameter 4±0.5 recorded in § 1500.43a(j)(7), is the mm) into the well when the slide de- flashpoint to the nearest 0.5 °C (1 °F). If vice shall intersect the plane of the un- a flash is observed at the lower tem- derside of the cover. The cover is also perature, record this latter tempera- provided with an orifice extending into ture as the flashpoint. the sample well for insertion of the (9) Turn off the pilot and test flames test sample and also a suitable clamp- using the gas control valve. When the ing device for securing the cover tight- cup temperature declines to a safe ly to the metal block. The three open- level, remove the sample and clean the ings in the cover shall be within the di- instrument. ameter of the sample well. When the (k) Calculations. If it is desired to cor- slide is in the open position, the two rect the observed finite flashpoint for openings in the slide shall coincide ex- the effect of barometric pressure, pro- actly with the two corresponding open- ceed as follows: Observe and record the ings in the cover. ambient barometric pressure 4 at the (iii) Electrical heaters are attached time of the test. If the pressure differs to the bottom of the cup in a manner

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that provides efficient transfer of heat. minutes for samples at or above ambi- An electronic heat control is required ent temperature. to hold the equilibrium temperature, in a draft-free area, within 0.1 °C (0.2 °F) TABLE 1—CALIBRATION OF TESTER for the low-temperature tester. A vis- Material ...... p-xyleneA (Caution).B ual indicator lamp shows when energy Specific gravity. 15.6/15.6 °C 0.850 to 0.866. (60/60 °F). is or is not being applied. Energy may Boiling range ...... 2 °C maximum including be supplied from 120 or 240 V, 50 or 60 138.35 °C (281.03 °F). Hz main service. Freezing point ...... 11.23 °C (52.2 °F) minimum. Flashpoint °C (acceptable 25.6±0.5 (78±1 F). (2)(i) Test flame and pilot flame- range). regulatable test flame, for dipping into A Available as Flash Point Check Fluid (p-xylene) from Spe- the sample cup to try for flash, and a cial Products Div., Phillips Petroleum Co., Drawer ‘O,’ Borger, Texas 79007. pilot flame, to maintain the test flame, B Caution: Handle xylene with care. Avoid inhalation; use are required. These flames may be only in a well-ventilated area. Avoid prolonged or repeated contact with skin. Keep away from flames and heat, except as fueled by piped gas service. A gage ring necessary for the actual flash point determination. 4mm (5/32 in.) in diameter, engraved on the lid near the test flame, is required TABLE 2—REPEATABILITY AND REPRODUCIBILITY to ensure uniformity in the size of the ° ° Repeatability, Reproducibility, test flame. Temperature, C ( F) °C ( °F) °C ( °F) (ii) Caution: Never recharge the self- contained gas tank at elevated tem- 20(68) ...... 0.5(0.9) 1.4(2.6) perature, or with the pilot or test 70(158) ...... 0.5(0.9) 2.9(5.3) 93(200) ...... 1.3(2.3) 4.9(8.8) flames lighted, nor in the vicinity of 150(300) ...... 2.0(3.6) 7.5(13.5) other flames. 200(400) ...... 2.6(4.7) 9.9(17.9) (iii) Audible Signal is required. The 260(500) ...... 3.3(5.9) 12.4(22.3) audiable signal is given after 1 min in the case of the low-temperature tester. TABLE 3—ESSENTIAL DIMENSIONS OF FLASH (iv) Syringe. 2ml capacity, equipped TEST APPARATUS A,B with a needle suitable for use with the Sample Block apparatus, adjusted to deliver 2.00±0.05 Block diameter ...... 61.5–62.5 ml. Sample well diameter ...... 49.40–49.70 Sample well depth ...... 9.70–10.00 (3) Essential dimensions of the test Top of block to center of thermometer hole .... 16.00–17.00 apparatus are set forth in table 3. Diameter of thermometer hole (approx.) ...... 7.0004 (n) Testing high-viscosity liquids. (1) Cover High-viscosity materials may be added Large opening length ...... 12.42–12.47 Large opening width ...... 10.13–10.18 to the cup by the following procedure: Small opening length ...... 5.05–5.10 (i) Back load a 5 or 10-ml syringe Small opening width ...... 7.60–7.65 with the sample to be tested and ex- Distance between extreme edges of small trude 2 ml into the cup. Spread the openings ...... 48.37–48.32 Filling orifice diameter ...... 4.00–4.50 specimen as evenly as possible over the Bore or filler tube ...... 1.80–1.85 bottom of the cup. Maximum distance of filler tube from base of (ii) If the sample cannot be loaded well with cover closed (max.) ...... 0.75 into a syringe and extruded, other Slide Large opening length ...... 12.42–12.47 means of adding the sample to the cup Large opening width ...... 10.13–10.18 may be used such as a spoon. Add ap- Small opening length ...... 5.05–5.10 proximately 2 ml of material to the Small opening width ...... 7.60–7.65 spoon and then push the material from Near edge of large opening to end of slide .... 12.80–12.85 the spoon into the cup. Extremes of large and small openings ...... 30.40–30.45 Jet (iii) If the test specimen does not Length of jet ...... 18.30–18.40 close the sampling port in the cup, seal External diameter at end of jet ...... 2.20–2.60 the cup externally by suitable means. Bore of jet ...... 1.60–1.65 Height of jet center above top surface of (2) Using the appropriate procedure, cover ...... 11.00–11.20 either Method A in § 1500.43a(i) or Jet pivot to center of block with cover closed 12.68–12.72 Method B in § 1500.43a(j), determine the A The O-seal or gasket which provides a seal when the cover is shut, should be made of a heat-resistant material ca- flashpoint of the specimen which has pable of withstanding temperatures up to 150 °C for the low- been added to the tester in accordance range apparatus. B When in position, the thermometer bulb should be sur- with § 1500.43a(n)(i), except that the rounded with heat-conducting thermoplastic compound, such time specified is increased from 1 to 5 as a paste comprised of zinc oxide and mineral oil.

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[51 FR 28539, Aug. 8, 1986]

§ 1500.44 Method for determining ex- port it by means of metal ringstands, tremely flammable and flammable clamps, rings, or other suitable devices solids. as needed, so that the major axis is ori- (a) Preparation of samples—(1) Gran- ented horizontally and the maximum ules, powders, and pastes. Pack the sam- surface is freely exposed to the atmos- ple into a flat, rectangular metal boat phere. with inner dimensions 6 inches long × 1 (b) Procedure. Place the prepared inch wide × one-fourth inch deep. sample in a draft-free area that can be (2) Rigid and pliable solids. Measure ventilated and cleared after each test. the dimensions of the sample and sup- The temperature of the sample at the

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time of testing shall be between 68 °F. may be used) to a temperature of about and 86 °F. Hold a burning paraffin can- 25 °F below zero. Puncture the chilled dle whose diameter is at least 1 inch, so container to exhaust the propellant. that the flame is in contact with the Transfer the chilled formulation to the surface of the sample at the end of the test apparatus and test in accordance major axis for 5 seconds or until the with the method described in § 1500.43a. sample ignites, whichever is less. Re- move the candle. By means of a stop- [51 FR 28544, Aug. 8, 1986] watch, determine the time of combustion with self-sustained flame. Do not § 1500.47 Method for determining the sound pressure level produced by exceed 60 seconds. Extinguish flame toy caps. with a CO2 or similar nondestructive type extinguisher. Measure the dimen- (a) Equipment required. The equip- sions of the burnt area and calculate ment for the test includes a micro- the rate of burning along the major phone, a preamplifier (if required), and axis of the sample. an oscilloscope. (1) The microphone-preamplifier sys- § 1500.45 Method for determining ex- tem shall have a free-field response tremely flammable and flammable uniform to within ±2 decibels from 50 contents of self-pressurized con- hertz to 70 kilohertz or beyond and a tainers. dynamic range covering the interval 70 (a) Equipment required. The test to 160 decibels relative to 20 micronew- equipment consists of a base 8 inches tons per square meters. Depending on wide, 2 feet long, marked in 6-inch in- the model, the microphone shall be tervals. A rule 2 feet long and marked used at normal or at grazing incidence, in inches is supported horizontally on whichever gives the most uniform free- the side of the base and about 6 inches field response. The microphone shall be above it. A paraffin candle 1 inch or calibrated both before and after the more in diameter, and of such height test of a model of cap. The calibration that the top third of the flame is at the shall be accurate to within ±1 decibel. height of the horizontal rule, is placed If the calibration is of the pressure at the zero point in the base. type or of the piston-phone plus elec- (b) Procedure. The test is conducted trostatic actuator type, it shall be cor- in a draft-free area that can be venti- rected to free-field conditions in ac- lated and cleared after each test. Place cordance with the manufacturer’s in- the self-pressurized container at a dis- structions. tance of 6 inches from the flame source. Spray for periods of 15 seconds (2) The oscilloscope shall be the stor- to 20 seconds (one observer noting the age type or one equipped with a cam- extension of the flame and the other era. It shall have a response uniform to ± operating the container) through the within 1 decibel from 50 hertz to 250 top third of the flame and at a right kilohertz or higher. It shall be cali- ± angle to the flame. The height of the brated to within 1 decibel against an flame should be approximately 2 external voltage source periodically inches. Take three readings for each during the tests. test, and average. As a precaution do (b) Procedure. (1) Use the type pistol not spray large quantities in a small, that would ordinarily be used with the confined space. Free space of pre- caps being tested. Place the pistol and viously discharged material. testing equipment so that neither the pistol nor the microphone is closer § 1500.46 Method for determining than 1 meter from any wall, floor, ceil- flashpoint of extremely flammable ing, or other large obstruction. Locate contents of self-pressurized con- the pistol and the microphone in the tainers. same horizontal plane with a distance Use the apparatus described in of 25 centimeters between the dia- § 1500.43a. Use some means such as dry phragm of the microphone and the po- ice in an open container to chill the sition of the explosive. Measure the pressurized container. Chill the con- peak sound pressure level at each of tainer, the flash cup, and the bath solu- the six designated orientations of the tion of the apparatus (brine or glycol pistol with respect to the measuring

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microphone. The 0° orientation cor- U.S.C. 1261(s)). The Commission will responds to the muzzle of the pistol further evaluate points that are identi- pointing at the microphone. The 90°, fied as presenting a potential risk of 180°, and 270° orientations are measured puncture or laceration injury to deter- in a clockwise direction when looking mine the need for individual product down on the pistol with its barrel hori- regulatory action. zontal, as illustrated by the following (b) Scope—(1) General. The sharp figure: point test of paragraph (d) of this section is applicable to toys or other articles that are introduced into interstate commerce on or after December 22, 1978. The sharp point test shall be applied to any accessible portion of the test sample before and after subjecting the test sample to the use and abuse tests of §§ 1500.51, 1500.52, and 1500.53 (excluding the bite test-paragraph (c) of each section). (2) Exemptions. (i) Toys and other children’s articles that are the subject of any of the following regulations are (2) The hammer and trigger orienta- exempt from this § 1500.48: The regulations are obtained by rotating the pis- tions for bicycles, non-full-size baby tol about the axis of the barrel, when cribs, and full-size baby cribs (parts ° ° the pistol is in the 90 or 270 orienta- 1508, 1509, and 1512, of this chapter). tion, so that the hammer and the trig- (ii) Toys that by reason of their func- ger are each respectively closest to and tional purpose necessarily present the in the same horizontal plane with the hazard of sharp points and that do not microphone. have any nonfunctional sharp points (3) Fire 10 shots at each of the six ori- are exempt from this § 1500.48: Provided, entations, obtaining readings on the Each toy is identified by a conspicuous, oscilloscope of the maximum peak legible, and visible label at the time of voltage for each shot. Average the re- any sale, as having functional sharp sults of the 10 firings for each of the six points. An example of such toys is a orientations. toy sewing machine with a needle. (4) Using the orientation that yields the highest average value, convert the (iii) Articles, besides toys, intended value to sound pressure levels in deci- for use by children that by reason of bels relative to 20 micronewtons per their functional purpose necessarily square meter using the response to the present the hazard of sharp points and calibrated measuring microphone. that do not have any nonfunctional sharp points are exempt from this § 1500.48 Technical requirements for § 1500.48. An example of such articles is determining a sharp point in toys a ball-point pen. and other articles intended for use (c) Accessibility—(1) General. Any by children under 8 years of age. point that is accessible either before or (a) Objective. The sharp point test after these tests of §§ 1500.51, 1500.52, prescribed by paragraph (d) of this sec- and 1500.53 (excluding the bite test— tion will be used by the Commission in paragraph (c) of each section) are per- making a preliminary determination formed shall be subject to the sharp that points on toys and other articles point test of paragraph (d) of this sec- intended for use by children under 8 tion. years of age, and such points exposed (2) Accessible points. (i) An accessible in normal use or as a result of reason- point for a toy or article intended for ably foreseeable damage or abuse of children 3 years of age or less is one such toys and articles, present a poten- that can be contacted by any portion tial risk of injury by puncture or lac- forward of the collar of the accessi- eration under section 2(s) of the Fed- bility probe designated as probe A in eral Hazardous Substances Act (15 figure 2 of this section.

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(ii) An accessible point for a toy or a minor dimen-sion that is 7.36 inches article intended for children over 3 (186.9 millimeters or larger shall deter- years up to 8 years of age is one that mine unrestricted access. can be contacted by any portion for- (4) Inaccessible points. Points shall be ward of the collar of the accessibility considered inaccessible without testing probe designated as probe B in figure 2 with a probe if they lie adjacent to a of this section. surface of the test sample and any gap (iii) An accessible point for a toy or between the point and the adjacent article intended for children of ages surface does not exceed 0.020 inch (0.50 spanning both age groups is one that millimeter) either before or after the can be contacted by any portion for- tests of §§ 1500.51, 1500.52, and 1500.53 ward of the collar of either probe A or (excluding the bite test—paragraph (c) B, as shown in figure 2 of this section. of each section) are performed. (3) Insertion depth for accessibility. (i) (d) Sharp point test method—(1) Prin- For any hole, recess, or opening having ciple of operation. The principle of oper- a minor dimension (The minor dimen- ation of the sharp point tester shown in sion of an opening is the diameter of figure 1 of this section is as follows the largest sphere that will pass (Detailed engineering drawings for a through the opening.) smaller than the suggested sharp point tester are avail- collar diameter of the appropriate able from the Commission’s Office of probe, the total insertion depth for ac- the Secretary.): A rectangular opening cessibility shall be up to the collar on measuring 0.040 inch (1.02 millimeters) the appropriate probe. Each probe joint wide by 0.045 inch (1.15 millimeters) may be rotated up to 90 degrees to sim- long in the end of the slotted cap estab- ulate knuckle movement. lishes two reference dimensions. Depth (ii) For any hole, recess, or opening of penetration of the point being tested having a minor dimension larger than determines sharpness. If the point the collar diameter of probe A but less being tested can contact a sensing head than 7.36 inches (186.9 millimeters), that is recessed a distance of 0.015 inch when probe A is used, or a minor di- (0.38 millimeter) below the end cap and mension larger than the collar diame- can move the sensing head a further ter of probe B but less than 9.00 inches 0.005 inch (0.12 millimeter) against a (228.6 millimeters), when probe B is 0.5-pound (2.2-newton) force of a return used, the total insertion depth for ac- spring, the point shall be identified as cessibility shall be determined by in- sharp. A sharp point tester of the gen- serting the appropriate probe with the eral configuration shown in figure 1 of extension shown in figure 2 in any di- this section or one yielding equivalent rection up to two and one-quarter results shall identify a sharp point. In times the minor dimension of the conducting tests to determine the pres- probe, recess, or opening, measured ence of sharp points, the Commission from any point in the plane of the will use the sharp point tester shown in opening. Each probe joint may be ro- figure 1 of this section and the accessi- tated up to 90 degrees to simulate bility probes designated as A or B in knuckle movement. figure 2 of this section. (iii) For any hole, recess, or opening (2) Procedure. (i) The sample to be having a minor dimension of 7.36 inches tested shall be held in such a manner (186.9 millimeters) or larger when probe that it does not move during the test. A is used, or a minor di-mension of 9.00 (ii) Part of the test sample may need inches (228.6 millimeters), or larger to be removed to allow the sharp point when probe B is used, the total inser- testing device to test a point that is tion depth for accessibility is unre- accessible by the criteria of paragraph stricted unless other holes, recesses, or (c) of this section. Such dismantling of openings within the original hole, re- the test sample could affect the rigid- cess, or opening are encountered with ity of the point in question. The sharp dimensions specified in paragraph (c)(3) point test shall be performed with the (i) or (ii) of this section. In such in- point supported so that its stiffness ap- stances, the appropriate paragraphs proximates but is not greater than the (c)(3) (i) or (ii) of this section shall be point stiffness in the assembled sam- followed. If both probes are to be used, ple.

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(iii) Using the general configuration of paragraph (c) of this section, and shown in figure 1 of this section, the apply a force of 1.00 pound (4.45 new- adjustment and operation of the sharp tons). A glowing light identifies the point tester is as follows: Hold the point as sharp. sharp point tester and loosen the lock (iv) The test instruments used by the ring by rotating it so that it moves to- Commission in its tests for compliance wards the indicator lamp assembly a with this regulation shall have gaging sufficient distance to expose the cali- slot opening dimensions no greater bration reference marks on the barrel. than 0.040 inch by 0.045 inch and shall Rotate the gaging can clockwise until have the sensing head recessed a depth the indicator lamp lights. Rotate the of no less than 0.015 inch. The force ap- cap counterclockwise until an equiva- plied by the Commission when insert- lent of five divisions (the distance being a point into the gaging slot shall be tween the short lines on the cap) have no more than 1.00 pound. passed the calibration reference mark. (e) For the purpose of conformance Lock the gaging cap in this position by with the technical requirements pre- rotating the lock ring until it fits firm- scribed by this § 1500.48, the English fig- ly against the cap. Insert the point ures shall be used. The metric approxi- into the gaging slot in all directions in mations are provided in parentheses for which it was accessible by the criteria convenience and information only.

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§ 1500.49 Technical requirements for mission in making a preliminary deter- determining a sharp metal or glass mination that metal or glass edges on edge in toys and other articles in- toys and other articles intended for use tended for use by children under 8 by children under 8 years of age, and years of age. such edges exposed in normal use or as (a) Objective. The sharp edge test a result of reasonably forseeable dam- method prescribed by paragraph (d) of age or abuse of such toys and articles, this section will be used by the Com- present a potential risk of injury by

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laceration or avulsion under section solved silica and silicates that also 2(s) of the Federal Hazardous Sub- contain soda and lime. stances Act (15 U.S.C. 1261(s)). The (ii) Metal. For the purpose of this reg- Commission will further evaluate toys ulation the Commission intends the and other articles with edges that are word metal to include both elemental identified as presenting a potential metals and metal alloys. risk of laceration or avulsion injury to (c) Accessibility—(1) General. Any determine the need for individual prod- metal or glass edge that is accessible uct regulation. either before or after the test of (b) Scope—(1) General. The sharp edge §§ 1500.51, 1500.52, and 1500.53 (excluding test of paragraph (d) of this section is the bite test—paragraph (c) of each sec- applicable to toys or other articles con- tion) are performed shall be subject to taining metal or glass edges that are the sharp edge test of paragraph (d) of introduced into interstate commerce this section. Toys reasonably intended after March 26, 1979. Such articles man- to be assembled by an adult and not in- ufactured outside the United States are tended to be taken apart by a child introduced into interstate commerce shall be tested only in the assembled when first brought within as U.S. port state if the shelf package and the as- of entry. Such articles manufactured in sembly instructions prominently indi- the United States are introduced into cate that the article is to be assembled interstate commerce (a) at the time of only by an adult. first interstate sale, or (b) at the time (2) Accessible edges. (i) An accessible of first intrastate sale if one or more metal or glass edge for a toy or article components and/or raw materials were intended for children 3 years of age or received interstate, whichever occurs less is one that can be contacted by earlier. any portion forward of the collar of the (2) Exemptions. (i) Toys and other accessibility probe designated as probe children’s articles that are the subject A in Figure 2 of this section. of any of the following regulations are exempt from this § 1500.49: The regula- (ii) An accessible edge for a toy or ar- tions for bicycles, non-full-size baby ticle intended for children over 3 years cribs, and full-size baby cribs (parts and up to 8 years of age is one that can 1508, 1509, and 1512 of this chapter). be contacted by any portion forward of (ii) Toys that by reason of their func- the collar of the accessibility probe tional purpose necessarily present the designated as Probe B in Figure 2 of hazard of sharp metal or glass edges this section. and that do not have any nonfunc- (iii) An accessible edge for a toy or tional sharp metal or glass edges are article intended for children of ages exempt from this section: Provided, the spanning both age groups is one that toy is identified by a conspicuous, leg- can be contacted by any portion for- ible, and visible label at the time of ward of the collar of either Probe A or any sale, as having functional sharp Probe B, as shown in Figure 2 of this metal or glass edges. Examples of these section. are a pair of toy scissors and toy tool (3) Insertion depth. (i) For any hole, kits. recess, or opening having a minor di- (iii) Articles, besides toys, intended mension (the minor dimension of an for use by children that by reason of opening is the diameter of the largest their functional purpose necessarily sphere that will pass through the open- present the hazard of sharp metal or ing), smaller than the collar diameter glass edges and that do not have any of the appropriate probe, the total in- non-functional sharp metal or glass sertion depth for accessibility shall be edges are exempt from this section. Ex- up to the collar on the appropriate amples of these are children’s ice probe. Each probe joint may be rotated skates and children’s cutlery. up to 90 degrees to simulate knuckle (3) Definitions—(i) Glass. For the pur- movement. pose of this regulation the Commission (ii) For any hole, recess, or opening defines glass as a hard, brittle, amor- having a minor dimension larger than phous substance produced by fusion, the collar diameter of Probe A, but less usually consisting of mutually dis- than 7.36 inches (186.9 millimeters),

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when Probe A is used, or a minor di- ered inaccessible if the gap between the mension larger than the collar diame- inside edge and the parallel surface ter of Probe B, but less than 9.00 inches does not exceed 0.020 inch (0.50 milli- (228.6 millimeters), when Probe B is meter). used, the total insertion depth for ac- (d) Sharp edge test method—(1) Prin- cessibility shall be determined by in- ciple of operation. The test shall be per- serting the appropriate probe with the formed with a sharp edge tester which extension, shown in Figure 2, in any di- contains a cylindrical mandrel capable rection up to 21⁄4 times the minor di- of rotation at a constant velocity. (En- mension of the hole, recess, or opening, gineering drawings for a suitable port- measured from any point in the plane able sharp edge test instrument are of the opening. Each probe joint may available from the Commission’s Office be rotated up to 90 degrees to simulate of the Secretary.) The full circum- knuckle movement. ference of the mandrel shall be (iii) For any hole, recess, or opening wrapped with a single layer of poly- having a minor dimension of 7.36 inches (186.9 millimeters) or larger when tetrafluoroethylene (TFE) tape as spec- Probe A is used, or a minor dimension ified in paragraph (e)(3) of this section. of 9.00 inches (228.6 millimeters) or The mandrel shall be applied to the larger when Probe B is used, the total edge to be tested with a normal force of insertion depth for accessibility is un- 1.35 pounds (6.00 Newtons) such that restricted unless other holes, recesses, the edge contacts the approximate cen- or openings within the original hole, ter of the width of the tape as shown in recess, or opening are encountered with Figure 1 of this section. The mandrel dimensions specified in paragraph (c)(3) shall be rotated through one complete (i) or (ii) of this section. In such in- revolution while maintaining the force stances, the appropriate paragraphs against the edge constant. Linear mo- (c)(3) (i) or (ii) of this section shall be tion of the mandrel along the line of followed. If both probes are to be used, the edge shall be prevented. The edge a minor dimension that is 7.36 inches shall be identified as sharp if it com- (186.9 millimeters or larger shall deter- pletely cuts through the tape for a mine unrestricted access. length of not less than 1⁄2 inch (13 milli- (4) Inaccessible edges. Metal or glass meters) at any force up to 1.35 pounds edges shall be considered inaccessible (6.00 Newtons). without testing with a probe if they lie (2) Procedure. (i) The edge of the sam- adjacent to a surface of the test sample to be tested shall be held in such a ple, and any gap between the edge and manner that it does not move during the adjacent surface does not exceed the test. If the full mandrel force of 0.020 inch (0.50 millimeter) both before 1.35 pounds (6.00 Newtons) causes the and after the tests of §§ 1500.51, 1500.52, edge to bend, a reduced mandrel force and 1500.53 (excluding the bite test— may be used. paragraph (c) of each section) are per- (ii) Part of the test sample may need formed. For example, in a lap joint in to be removed to allow the sharp edge which a metal edge is overlapped by a parallel surface, any burr or feather- testing device to test an edge that is edge on the side closest to the pro- accessible by the criteria of paragraph tecting parallel surface is considered (c) of this section. Such dismantling of inaccessible if the gap between the the test sample could affect the rigid- edge and the parallel surface is no ity of the edge in question. The sharp greater than 0.020 inch (0.50 milli- edge test shall be performed with the meter). As an additional example, when edge supported so that its stiffness ap- sheet metal has a hemmed edge a por- proximates but is not greater than the tion of the sheet adjacent to the edge is edge stiffness in the assembled sample. folded back upon itself, approximately (iii) Conduct of a sharp edge test is as 180 degrees, so that it is roughly par- follows: Wrap one layer of polytetra- allel to the main sheet. Any burrs or fluoroethylene (TFE) tape, described in feathering on the inside edge, the side paragraph (e)(3) of this section, around closest to the protecting parallel sur- the full circumference of the mandrel face of the main sheet, will be consid- in an unstretched state. The ends of

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the tape shall be either butted or over- shall be free of scratches, nicks, or lapped not more than 0.10 inch (2.5 mil- burrs and shall have a surface rough- limeters). Apply the mandrel, at the ness no greater than 16 microinches approximate center of the tape, to the (0.40 micron). The test surface shall edge of the test sample with a force of have a hardness no less than 40 as 1.35 pounds (6.00 Newtons) measured in measured on the Rockwell ‘‘C’’ scale, as a direction at right angles to the man- determined pursuant to ASTM E 18–74 drel axis. The mandrel shall be placed entitled ‘‘Standard Test Methods for so that its axis is at 90 degrees ±5 de- Rockwell Hardness and Rockwell Su- grees to the line of a straight test edge perficial Hardness of Metallic Mate- or 90 degrees ±5 degrees to a tangent at rials,’’ published July 1974 and which is the point of contact with a curved test incorporated by reference in this regu- edge. The point of contact between the lation. (Copies are available from test edge and the mandrel shall be in American Society for Testing and Ma- the approximate center of the width of terials, 1916 Race Street, Philadelphia, the tape. The axis of the mandrel may Pa. 19103.) The diameter of the mandrel be positioned anywhere in a plane shall be 0.375±0.005 inch (9.35±0.12 milli- which is at right angles to either the meters). The mandrel shall be of suit- line of a straight test edge or to a tan- able length to carry out the test. gent at the point of contact with a (3) The tape shall be pressure-sen- curved test edge. The operator should sitive polytetrafluoroethylene (TFE) seek the orientation most likely to high temperature electrical insulation cause the edge to cut the tape. Main- tape as described in Military Specifica- tain the force against the edge and ro- tion MIL-I-23594B (1971) which is incor- tate the mandrel through one complete porated by reference in this regulation. revolution while preventing any linear (Copies are available from Naval Publi- motion of the mandrel along the edge. cations and Forms Center, 5801 Tabor Release the mandrel from the edge and Ave., Philadelphia, Pa. 19120.) The remove the tape without enlarging any thickness of the polytetrafluoro- cut or causing any score to become a ethylene backing shall be between cut. A cut in the tape with a length of 0.0026 inch (0.066 millimeter) and 0.0035 not less than 1⁄2 inch (13 millimeters) inch (0.089 millimeter). 1 The adhesive identifies an edge as sharp. (The test shall be pressure-sensitive silicone instruments used by the Commission in polymer with a nominal thickness of its test for compliance with the regula- 0.003 inch (.08 millimeter). The width of tion will be calibrated to insure that the tape shall not be less than 1⁄4 inch the force with which the mandrel is ap- (6 millimeters). While conducting sharp plied to a test edge does not exceed 1.35 edge tests the temperature of the tape pounds.) shall be maintained between 70 °F (21.1 (e) Specifications for sharp edge test °C) and 80 °F (26.6 °C). equipment. The following specifications (f) For the purpose of conformance shall apply to the equipment to be used with the technical requirements pre- in the sharp edge test described in scribed by this § 1500.49, the English fig- paragraph (d) of this section: ures shall be used. The metric approxi- (1) The rotation of the mandrel shall mations are provided in parentheses for produce a constant tangential velocity convenience and information only. of 1.00±0.08 inch per second (25.4±2.0 millimeters per second) during the cen- 1 The tape that the Commission will use for ter 75 percent of its rotation and shall the sharp edge test is CHR type ‘‘T’’ manufac- have a smooth start and stop. tured by The Connecticut Hard Rubber Co., (2) The mandrel shall be made of New and East Streets, New Haven, Conn. steel. The test surface of the mandrel 06509.

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(Secs. 2(s), 10(a), 74 Stat. 378 (15 U.S.C. 1261, 1269)) [43 FR 12645, Mar. 24, 1978, as amended at 43 FR 21324, May 17, 1978]

§ 1500.50 Test methods for simulating (b) Application—general. (1)(i) The test use and abuse of toys and other ar- methods described in §§ 1500.51, 1500.52 ticles intended for use by children. and 1500.53 are to be used in deter- (a) Objective. The objective of mining what is normal use and reason- §§ 1500.51, 1500.52, and 1500.53 is to de- ably foreseeable damage or abuse when scribe specific test methods for simu- specifically referenced under § 1500.18. lating normal use of toys and other ar- Other banning regulations may also ticles intended for use by children as reference these use and abuse toy test well as the reasonably foreseeable dam- procedures. age or abuse to which the articles may (ii) The test methods described in be subjected. The test methods are for §§ 1500.51, 1500.52, and 1500.53 have been use in exposing potential hazards that established for articles intended for the would result from the normal use or specified age groups of children: 18 the reasonably foreseeable damage or months of age or less, over 18 months abuse of such articles intended for chil- but not over 36 months of age, and over dren. 36 months but not over 96 months of

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age. If an article is marked, labeled, tised, or otherwise intended for use by advertised, or otherwise intended for children. children of ages spanning more than (2) Mouth toy means any toy reason- one of these age groups, the article will ably intended to be placed into or in be subjected to the tests providing the contact with a child’s mouth. most stringent requirements. If an ar- [40 FR 1483, Jan. 7, 1975; 40 FR 16191, Apr. 10, ticle is not age-labeled in a clear and 1975] conspicuous manner or, based on such factors as marketing practices and the § 1500.51 Test methods for simulating customary patterns of usage of a prod- use and abuse of toys and other ar- uct by children, is inappropriately age- ticles intended for use by children labeled, and is intended or appropriate 18 months of age or less. for children 96 months of age or less, it (a) Application. The test methods de- will also be subjected to the most scribed in this section shall be used to stringent test requirements. simulate the normal and reasonably (2) For purposes of compliance with foreseeable use, damage, or abuse of the test methods prescribed in toys and other articles intended for use §§ 1500.51, 1500.52, and 1500.53, the by children 18 months of age or less in English system shall be used. The met- conjunction with § 1500.18. ric approximations are provided in pa- (b) Impact test—(1) Application. Except rentheses for convenience and informa- as provided in paragraph (b)(4) of this tion only. section, toys having a weight of less (3) Each of the test methods de- than 3.0 pounds ±0.01 pound (1.4 kilo- scribed in §§ 1500.51, 1500.52, and 1500.53 grams) shall be subject to this test. shall be applied to a previously untest- (2) Impact medium. The impact me- ed sample except the tension test dium shall consist of a 1⁄8-inch (0.3-cen- which shall be conducted with the test timeter) nominal thickness of type IV sample used in the torque test. vinyl-composition tile, composition 1— (4) Prior to testing, each sample shall asbestos free, as specified by para- be subjected to a temperature of 73°±3 graphs 1.2 and 3.1.4 of Interim Amend- °F. (23°±2 °C.) as a relative humidity of ment-1(YD), dated November 14, 1979, 20¥70 percent for a period of at least 4 to the Federal Specification entitled hours. The toy testing shall commence Tile, Floor: Asphalt, Rubber, Vinyl, within five minutes after the toy has Vinyl-Asbestos, SS-T-312B, dated Octo- been removed from the preconditioning ber 10, 1974, 1 over at least a 2.5-inch atmosphere. (6.4-centimeter) thickness of concrete. (5) Toys reasonably intended to be as- The impact area shall be at least 3 sembled by an adult and not intended square feet (0.3 square meter). The to be taken apart by a child shall be Commission recognizes that this speci- tested only in the assembled state if fied impact medium is the equivalent the shelf package and the assembly in- of, and will yield the same impact test structions prominently indicate that results as, a surface covered with the article is to be assembled only by vinyl-asbestos tile meeting the require- an adult. ments of Federal Specification SS-T- (6) Toys intended to be repeatedly as- 312A. sembled and taken apart shall have the (3) Testing procedure. Except as pro- individual pieces as well as the com- vided in paragraphs (b)(4) (i) and (ii) of pleted article subjected to these test this section, the toy shall be dropped 10 procedures. times from a height of 4.5 feet ±0.5 inch (7) In situations where a test proce- (1.37 meters) onto the impact medium dure may be applied in more than one described in paragraph (b)(2) of this way to a toy test component, the point section. The toy shall be dropped in (or direction) of force (or torque) appli- random orientation. After each drop, cation which results in the most severe conditions shall be used. 1 These documents may be ordered from the (c) Definitions. As used in this section General Services Administration, Specifica- and in §§ 1500.51, 1500.52, and 1500.53: tions Unit, Room 6654, 7th and D Streets, (1) Toy means any toy, game, or S.W., Washington, DC 20407. The price of the other article designed, labeled, adver- specification and amendment is $1.00.

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the test sample shall be allowed to the contact mechanism, and a test load come to rest and shall be examined and increasing to 25 pounds ±0.5 pound evaluated before continuing. (11.35 kilograms) shall be evenly ap- (4) Large and bulky toys. (i) A toy that plied within 5 seconds. This load shall has a projected base area of 400 or more be maintained for an additional 10 sec- square inches (2,560 or more square cen- onds. timeters), shall be tested for impact in (d) Flexure test—(1) Application. This accordance with paragraph (b)(4)(iii) of test shall be applied to each component this section. The base area for toys of a toy containing metal wire(s), or with permanently attached legs shall other metal material(s), for stiffening be measured by calculating the area or for retention of form if the compo- enclosed by straight lines connecting nent can be bent through a 60-degree the outermost edge of each leg of the arc by a maximum force of 10 pounds perimeter. ±0.5 pound (4.55 kilograms), applied per- (ii) A toy that has a volume of more pendicularly to the major axis of the than 3 cubic feet (0.085 cubic meter), component at a point 2 inches (5 centi- calculated by the major dimensions meters) from the intersection of the without regard to minor appendages, component with the main body of the shall be tested for impact in accord- toy or at the end of the component if ance with paragraph (b)(4)(iii) of this the component is less than 2 inches section. ±0.05 inch (5 centimeters) long. (iii) The toys described in paragraph (2) Testing procedure. The toy shall be (b)(4)(i) and (ii) of this section shall be secured in a vise equipped with vise tested for impact by tipping them over shields that are fabricated from 13- three times by pushing the samples gauge cold-rolled steel or other similar slowly past their centers of balance material and that have a 0.375-inch onto the impact medium described in (0.95-centimeter) inside radius. The paragraph (b)(2) of this section. component shall then be bent through (c) Bite test—(1) Application. A toy (or a 60-degree arc by a force applied at a component or any accessible portion point on the component 2 inches ±0.05 thereof) that has an external dimen- inch (5 centimeters) from the intersec- sion of 1.25 inches ±0.05 inch (3.18 centi- tion of the component with the main meters) or less and a design configura- body of the toy or applied at the end of tion that would permit a child to insert the component if the component is less a portion into the mouth in any ori- than 2 inches (5 centimeters) long. The entation up to a biting thickness of 1.25 component shall then be bent in the re- inches ±0.05 inch (3.18 centimeters), for verse direction through a 120-degree a penetration of at least 0.25 inch (0.635 arc. This process shall be repeated for centimeter), shall be subject to this 30 cycles at a rate of one cycle per two test. seconds with a 60-second rest period oc- (2) Test equipment—(i) Contact mecha- curring after each 10 cycles. Two 120- nism. The contact mechanism shall be degree arc bends shall constitute one two metal strips or plates each meas- cycle. uring 0.25 inch ±0.002 inch (0.635 centi- (e) Torque test—(1) Application—(i) meter) high and each having a contact General. A toy with a projection, part, edge radius of 0.020 inch ±0.002 inch (0.05 or assembly that a child can grasp with centimeter), for at least a 150-degree at least the thumb and forefinger or cross-sectional arc. A suggested con- the teeth shall be subject to this test. tact mechanism appears in figure 1 of (ii) Toys with rotating components. this section. Projections, parts, or assemblies that (ii) Loading device. The loading device are rigidly mounted on an accessible shall be a scale or force gauge having rod or shaft designed to rotate along an accuracy of ±0.5 pound (±225 grams). with the projections, parts, or assem- (3) Testing procedure. The test article blies shall be tested with the rod or shall be placed in the contact mecha- shaft clamped to prevent rotation. nism in any reasonable position for a (2) Test equipment—(i) Loading device. penetration of 0.25 to 0.5 inch (0.64 to The loading device shall be a torque 1.27 centimeters), which position uti- gauge, torque wrench, or other appro- lizes less than 180 degrees of the arc of priate device having an accuracy of ±0.2

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inch-pound (±0.23 kilogram-centi- appropriate means having an accuracy meter). of ±0.5 pound (±225 grams). (ii) Clamp. The clamp shall be capable (3) Testing procedure. With the test of holding the test component firmly sample fastened in a convenient posi- and transmitting a torsional force. tion, an appropriate clamp shall be at- (3) Testing procedure. With the toy tached to the test object or component. rigidly fastened in any reasonable test A 10-pound ±0.5 pound (4.55–kilogram) position, the clamp is fastened to the direct force shall be evenly applied, test object or component. A torque of 2 within a period of 5 seconds, parallel to inch-pounds ±0.2 inch-pound (2.30 kilo- the major axis of the test component gram-centimeters) shall be applied and maintained for an additional 10 evenly within a period of 5 seconds in a seconds. The tension clamp shall then clockwise direction until a rotation of be removed and a second clamp appro- 180 degrees from the original position priate for pulling at 90 degrees shall be has been attained or 2 inch-pounds (2.30 attached to the test object or compo- kilogram-centimeters) exceeded. The nent. A 10-pound ±0.5 pound (4.55-kilo- torque or maximum rotation shall be gram) tensile force shall be evenly ap- maintained for an additional 10 sec- plied, within a period of 5 seconds, per- onds. The torque shall then be removed pendicularly to the major axis of the and the test component permitted to test component and maintained for an return to a relaxed condition. This pro- additional 10 seconds. cedure shall then be repeated in a counterclockwise direction. (g) Compression test—(1) Application. (f) Tension test—(1) Application—(i) Any area on the surface of a toy that is General. Any projection of a toy that accessible to a child and inaccessible to the child can grasp with at least the flat-surface contact during the impact thumb and forefinger or the teeth shall test shall be subject to this test. be subject to this test. This test is to (2) Test apparatus. The loading device be conducted on the same toy that has shall be a rigid metal disc 1.125 inches been subjected to the torque test de- ±0.015 inch (2.86 centimeters) in diame- scribed in paragraph (e) of this section. ter and 0.375 inch (0.95 centimeter) in (ii) Stuffed toys and beanbags. A thickness. The perimeter of the disc stuffed toy or beanbag constructed of shall be rounded to a radius of 1⁄32 inch pliable materials having seams (such (0.08 centimeter) to eliminate irregular as fabrics) shall have the seams sub- edges. The disc shall be attached to an jected to 10 pounds ±0.5 pound (4.55 appropriate compression scale having kilograms) of force applied in any di- an accuracy of ±0.5 pound (±225 grams). rection. (3) Testing procedure. The disc shall be (2) Test equipment—(i) Clamps. One positioned so that the contact surface clamp capable of applying a tension is parallel to the surface under test. A load to the test component is required. direct force of 20 pounds ±0.5 pound (9.1 A second clamp suitable for applying a kilograms) shall be evenly applied tension load perpendicularly to the within 5 seconds through the disc. This major axis of the test component is load shall be maintained for an addi- also required. tional 10 seconds. During the test the (ii) Loading device. The loading device toy is to rest on a flat, hard surface in is to be a self-indicating gauge or other any convenient position.

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[40 FR 1484, Jan. 7, 1975; 40 FR 6210, Feb. 10, 1975; 40 FR 16192, Apr. 10, 1975; 40 FR 17746, Apr. 22, 1975; as amended at 55 FR 52040, Dec. 19, 1990; 56 FR 9, Jan. 2, 1991; 56 FR 558, Jan. 7, 1991]

§ 1500.52 Test methods for simulating by children over 18 but not over 36 use and abuse of toys and other ar- months of age in conjunction with ticles intended for use by children § 1500.18. over 18 but not over 36 months of (b) Impact test—(1) Application. Except age. as provided in paragraph (b)(4) of this (a) Application. The test methods de- section, toys having a weight of less scribed in this section, shall be used to than 4.0 pounds ±0.01 pound (1.8 kilo- simulate the normal and reasonably grams) shall be subject to this test. foreseeable use, damage, or abuse of toys and other articles intended for use

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(2) Impact medium. The impact me- (c) Bite test—(1) Application. A toy (or dium shall consist of a 1⁄8-inch (0.3-cen- component or any accessible portion timeter) nominal thickness of type IV thereof) that has an external dimen- vinyl-composition tile, composition 1— sion of 1.25 inches ±0.05 inch (3.18 centi- asbestos free, as specified by parameters) or less and a design configura- graphs 1.2 and 3.1.4 of Interim Amend- tion that would permit a child to insert ment-1(YD), dated November 14, 1979, a portion into the mouth in any ori- to the Federal Specification entitled entation up to a biting thickness of 1.25 Tile, Floor: Asphalt, Rubber, Vinyl, inches ±0.05 inches (3.18 centimeters), Vinyl-Asbestos, SS-T-312B, dated Octo- for a penetration of at least 0.25 inch ber 10, 1974, 1 over at least a 2.5-inch (0.635 centimeter), shall be subject to (6.4-centimeter) thickness of concrete. this test. The impact area shall be at least 3 (2) Test equipment—(i) Contact mecha- square feet (0.3 square meter). The nism. The contact mechanism shall be Commission recognizes that this speci- two metal strips or plates each meas- fied impact medium is the equivalent uring 0.25 inch ±0.002 inch (0.635 centi- of, and will yield the same impact test meter) high and each having a contact results as, a surface covered with edge radius of 0.020 inch ±0.002 inch (0.05 vinyl-asbestos tile meeting the require- centimeter) for at least a 150-degree ments of Federal Specification SS-T- cross-sectional arc. A suggested con- 312A. tact mechanism appears in figure 1 of (3) Testing procedure. Except as pro- § 1500.51. vided in paragraph (b)(4) (i) and (ii) of (ii) Loading device. The loading device this section, the toy shall be dropped shall be a scale or force gauge having four times from a height of 3 feet ±0.5 an accuracy of ±0.5 pound (±225 grams). inch (0.92 meter) onto the impact me- (3) Testing procedure. The test article dium described in paragraph (b)(2) of shall be placed in the contact mecha- this section. The toy shall be dropped nism in any reasonable position for a in random orientation. After each drop, penetration of 0.25 to 0.5 inch (0.64 to the test sample shall be allowed to 1.27 centimeters), which position uti- come to rest and shall be examined and lizes less than 180 degrees of the arc of evaluated before continuing. the contact mechanism, and a test load (4) Large and bulky toys. (i) A toy that increasing to 50 pounds ±0.5 pound has a projected base area of 400 or more (22.74 kilograms) shall be evenly ap- square inches (2,560 or more square cen- plied within 5 seconds. This load shall timeters) shall be tested for impact in be maintained for an additional 10 sec- accordance with paragraph (b)(4)(iii) of onds. this section. The base area for toys (d) Flexure test—(1) Application. This with permanently attached legs shall test shall be applied to each component be measured by calculating the area of a toy containing metal wire(s), or enclosed by straight lines connecting other metal material(s), for stiffening the outermost edge of each leg of the or for retention of form if the compo- perimeter. nent can be bent through a 60-degree (ii) A toy that has a volume of more arc by a maximum force of 15 pounds than 3 cubic feet (0.085 cubic meter), ±0.5 pound (6.80 kilograms) applied per- calculated by the major dimensions pendicularly to the major axis of the without regard to minor appendages, component at a point 2 inches ±0.05 shall be tested for impact in accord- inch (5 centimeters) from the intersec- ance with paragraph (b)(4)(iii) of this tion of the component with the main section. body of the toy or at the end of the (iii) The toys described in paragraph component if the component is less (b)(4) (i) and (ii) of this section shall be than 2 inches ±0.05 inch (5 centimeters) tested for impact by tipping them over long. three times by pushing the samples (2) Testing procedure. The toy shall be slowly past their centers of balance secured in a vise equipped with vise onto the impact medium described in shields that are fabricated from 13- paragraph (b)(2) of this section. gauge cold-rolled steel or other similar material and that have a 0.375-inch 1 See footnote 1 to § 1500.51. (0.95-centimeter) inside radius. The

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component shall then be bent through be subject to this test. This test is to a 60-degree arc by a force applied at a be conducted on the same toy that has point on the component 2 inches ±0.05 been subjected to the torque test de- inch (5 centimeters) from the intersec- scribed in paragraph (e) of this section. tion of the component with the main (ii) Stuffed toys and beanbags. A body of the toy or applied at the end of stuffed toy or beanbag constructed of the component if the component is less pliable materials having seams (such than 2 inches (5 centimeters) long. The as fabrics) shall have the seams sub- component shall then be bent in the re- jected to 15 pounds ±0.5 pound (6.80 verse direction through a 120-degree kilograms) of force applied in any di- arc. This process shall be repeated for rection. 30 cycles at a rate of one cycle per two (2) Test equipment—(i) Clamps. One seconds with a 60-second rest period oc- clamp capable of applying a tension curring after each 10 cycles. Two 120- load to the test component is required. degree arc bends shall constitute one A second clamp suitable for applying a cycle. tension load perpendicularly to the (e) Torque test—(1) Application—(i) major axis of the test component is General. A toy with a projection, part, also required. or assembly that a child can grasp with (ii) Loading device. The loading device at least the thumb and forefinger or is to be a self-indicating gauge or other the teeth shall be subject to this test. appropriate means having an accuracy (ii) Toys with rotating components. of ±0.5 pound (±255 grams). Projections, parts, or assemblies that (3) Testing procedure. With the test are rigidly mounted on an accessible sample fastened in a convenient posi- rod or shaft designed to rotate along tion, an appropriate clamp shall be at- with the projections, parts, or assem- tached to the test object or component. blies shall be tested with the rod or A 15-pound ±0.5 pound (6.80-kilogram) shaft clamped to prevent rotation. direct force shall be evenly applied, (2) Test equipment—(i) Loading device. within a period of 5 seconds, parallel to The loading device shall be a torque the major axis of the test component gauge, torque wrench, or other appro- and maintained for an additional 10 priate device having an accuracy of ±0.2 seconds. The tension clamp shall then inch-pound (±0.23 kilogram-centi- be removed and a second clamp appro- meter). priate for pulling at 90 degrees shall be (ii) Clamp. The clamp shall be capable attached to the test object or compo- of holding the test component firmly nent. A 15-pound ±0.5 pound (6.80-kilo- and transmitting a torsional force. gram) tensile force shall be evenly ap- (3) Testing procedure. With the toy plied, within a period of 5 seconds, per- rigidly fastened in any reasonable test pendicularly to the major axis of the position, the clamp is fastened to the test component and maintained for an test object or component. A torque of 3 additional 10 seconds. inch-pounds ±0.2 inch-pound (3.46 kilo- (g) Compression test—(1) Application. gram-centimeters) shall be applied Any area on the surface of a toy that is evenly within a period of 5 seconds in a accessible to a child and inaccessible to clockwise direction until a rotation of flat-surface contact during the impact 180 degrees from the original position test shall be subject to this test. has been attained or 3 inch-pounds ±0.2 (2) Test apparatus. The loading device inch-pound (3.46 kilogram-centimeters) shall be a rigid metal disc 1.125 inches exceeded. The torque or maximum ro- ±0.015 inch (2.86 centimeters) in diame- tation shall be maintained for an addi- ter and 0.375 inch (0.95 centimeter) in tional 10 seconds. The torque shall then thickness. The perimeter of the disc be removed and the test component shall be rounded to a radius of 1⁄32 inch permitted to return to a relaxed condi- (0.08 centimeter) to eliminate irregular tion. This procedure shall then be re- edges. The disc shall be attached to an peated in a counterclockwise direction. appropriate compression scale having (f) Tension test—(1) Application—(i) an accurancy of ±0.5 pound (±225 General. Any projection of a toy that grams). the child can grasp with at least the (3) Testing procedure. The disc shall be thumb and forefinger or the teeth shall positioned so that the contact surface

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is parallel to the surface under test. A the test sample shall be allowed to direct force of 25 pounds ±0.5 pound come to rest and shall be examined and (11.4 kilograms) shall be evenly applied evaluated before continuing. within 5 seconds through the disc. This (4) Large and bulky toys. (i) A toy that load shall be maintained for an addi- has a projected base area of 400 or more tional 10 seconds. During the test the square inches (2,560 or more square cen- toy is to rest on a flat, hard surface in timeters) shall be tested for impact in any convenient position. accordance with paragraph (b)(4)(iii) of this subsection. The base area for toys [40 FR 1485, Jan. 7, 1975; 40 FR 6210, Feb. 10, 1975; 40 FR 16192, Apr. 10, 1975; as amended at having permanently attached legs shall 56 FR 10, Jan. 2, 1991] be measured by calculating the area enclosed by straight lines connecting § 1500.53 Test methods for simulating the outermost edge of each leg of the use and abuse of toys and other ar- perimeter. ticles intended for use by children (ii) A toy that has a volume of more over 36 but not over 96 months of than 3 cubic feet (0.085 cubic meter), age. calculated by the major dimensions (a) Application. The test methods de- without regard to minor appendages, scribed in this section shall be used to shall be tested for impact in accord- simulate the normal and reasonably ance with paragraph (b)(4)(iii) of this foreseeable use, damage, or abuse of section. toys and other articles intended for use (iii) The toys described in paragraph by children over 36 but not over 96 (b)(4) (i) and (ii) of this section shall be months of age in conjunction with tested for impact by tipping them over § 1500.18. three times by pushing the samples (b) Impact test—(1) Application. Except slowly past their centers of balance as provided in paragraph (b)(4) of this onto the impact medium described in section, toys having a weight of less paragraph (b)(2) of this section. than 10.0 pounds ±0.01 pound (4.6 kilo- (c) Bite test—(1) Application. A toy (or grams) shall be subject to this test. component) that is a mouth toy shall (2) Impact medium. The impact me- be subject to this test. dium shall consist of a 1⁄8-inch (0.3-cen- (2) Test equipment—(i) Contact mecha- timeter) nominal thickness of type IV nism. The contact mechanism shall be vinyl-composition tile, composition 1— two metal strips or plates each meas- asbestos free, as specified by para- uring 0.25 inch ±0.002 inch (0.635 centi- graphs 1.2 and 3.1.4 of Interim Amend- meter) high and each having a contact ment-1(YD), dated November 14, 1979, edge radius of 0.020 inch ±0.002 inch (0.5 to the Federal Specification entitled centimeter) for at least a 150-degree Tile, Floor: Asphalt, Rubber, Vinyl, cross-sectional arc. A suggested con- Vinyl-Asbestos, SS-T-312B, dated Octo- tact mechanism appears in figure 1 of ber 10, 1974, 1 over at least a 2.5-inch § 1500.51. (6.4-centimeter) thickness of concrete. (ii) Loading device. The loading device The impact area shall be at least 3 shall be a scale or force gauge having square feet (0.3 square meter). The an accuracy of ±0.5 pound (±225 grams). Commission recognizes that this speci- (3) Testing procedure. The test article fied impact medium is the equivalent shall be placed in the contact mecha- of, and will yield the same impact test nism in any reasonable position for a results as, a surface covered with penetration of 0.25 to 0.5 inch (0.64 to vinyl-asbestos tile meeting the require- 1.27 centimeters), which position uti- ments of Federal Specification SS-T- lizes less than 180 degrees of the arc of 312A. the contract mechanism, and a test (3) Testing procedure. except as pro- load increasing to 100 pounds ±0.5 vided in paragraph (b)(4) (i) and (ii) of pound (45.50 kilograms) shall be evenly this section, the toy shall be dropped applied within 5 seconds. This load four times from a height of 3 feet ±0.5 shall be maintained for an additional 10 inch (0.92 meter) onto the impact me- seconds. dium described in paragraph (b)(2) of (d) Flexure test—(1) Application. This this section. The toy shall be dropped test shall be applied to each component in random orientation. After each drop, of a toy containing metal wire(s), or

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other metal material(s), for stiffening test object or component. A torque of 4 or for retention of form if the compo- inch-pounds ±0.2 inch-pound (4.60 kilo- nent can be bent through a 60-degree gram-centimeters) shall be applied arc by a maximum force of 15 pounds evenly within a period of 5 seconds in a ±0.5 pound (6.80 kilograms) applied per- clockwise direction until a rotation of pendicularly to the major axis of the 180 degrees from the original position component at a point 2 inches ±0.05 has been attained or 4 inch-pounds ±0.2 inch (5 centimeters) from the intersec- inch-pound (4.60 kilogram-centimeters) tion of the component with the main exceeded. The torque or maximum ro- body of the toy or at the end of the tation shall be maintained for an addi- component if the component is less tional 10 seconds. The torque shall then than 2 inches ±0.05 inch (5 centimeters) be removed and the test component long. permitted to return to a relaxed condi- (2) Testing procedure. The toy shall be tion. This procedure shall then be re- secured in a vise equipped with vise peated in a counterclockwise direction. shields that are fabricated from 13- (f) Tension test—(1) Application—(i) gauge cold-rolled steel or other similar General. Any projection of a toy that material and that have a 0.375-inch the child can grasp with at least the (0.95-centimeter) inside radius. The thumb and forefinger or the teeth shall component shall then be bent through be subject to this test. This test is to a 60-degree arc by a force applied at a be conducted on the same toy that has point on the component 2 inches (5 cen- been subjected to the torque test de- timeters) from the intersection of the scribed in paragraph (e) of this section. component with the main body of the (ii) Stuffed toys and beanbags. A toy or applied at the end of the compo- stuffed toy or beanbag constructed of nent if the component is less than 2 pliable materials having seams (such inches (5 centimeters) long. The com- as fabrics) shall have the seams sub- ponent shall then be bent in the re- jected to 15 pounds ±0.5 pound (6.80 verse direction through a 120-degree kilograms) of force applied in any di- arc. This process shall be repeated for rection. 30 cycles at a rate of one cycle per two seconds with a 60-second rest period oc- (2) Test equipment—(i) Clamps. One curring after each 10 cycles. Two 120- clamp capable of applying a tension degree arc bends shall constitute one load to the test component is required. cycle. A second clamp suitable for applying a (e) Torque test—(1) Application—(i) tension load perpendicularly to the General. A toy with a projection, part, major axis of the test component is or assembly that a child can grasp with also required. at least the thumb and forefinger or (ii) Loading device. The loading device the teeth shall be subject to this test. is to be a self-indicating gauge or other (ii) Toys with rotating components. appropriate means having an accuracy Projections, parts, or assemblies that of ±0.5 pound (±225 grams). are rigidly mounted on an accessible (3) Testing procedure. With the test rod or shaft designed to rotate along sample fastened in a convenient posi- with the projections, parts, or assem- tion, and appropriate clamp shall be at- blies shall be tested with the rod or tached to the test object or component. shaft clamped to prevent rotation. A 15-pound ±0.5 pound (6.80-kilogram) (2) Test equipment—(i) Loading device. direct force shall be evenly applied, The loading device shall be a torque within a period of 5 seconds, parallel to gauge, torque wrench, or other appro- the major axis of the test component priate device having an accuracy of ±0.2 and maintained for an additional 10 inch-pound (±0.23 kilogram-centi- seconds. The tension clamp shall then meter). be removed and a second clamp appro- (ii) Clamp. The clamp shall be capable priate for pulling at 90 degrees shall be of holding the test component firmly attached to the test object or compo- and transmitting a torsional force. nent. A 15-pound ±0.5 pound (6.80-kilo- (3) Testing procedure. With the toy gram) tensile force shall be evenly ap- rigidly fastened in any reasonable test plied, within a period of 5 seconds, per- position, the clamp is fastened to the pendicularly to the major axis of the

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test component and maintained for an of the act, even though it contains a additional 10 seconds. fuel to be used in the heating, cooking, (g) Compression test—(1) Application. or refrigeration system of a house. Any area on the surface of a toy that is accessible to a child and inaccessible to § 1500.82 Exemption from full labeling flat-surface contact during the impact and other requirements. test shall be subject to this test. (a) Any person who believes a par- (2) Test apparatus. The loading device ticular hazardous substance intended shall be a rigid metal disc 1.125 inches or packaged in a form suitable for use ±0.015 inch (2.86 centimeters) in diame- in the household or by children should ter and 0.375 inch (0.95 centimeter) in be exempted from full label compliance thickness. The perimeter of the disc otherwise applicable under the act, be- shall be rounded to a radius of 1⁄32 inch cause of the size of the package or be- (0.08 centimeter) to eliminate irregular cause of the minor hazard presented by edges. The disc shall be attached to an the substance, or for other good and appropriate compression scale having sufficient reason, may submit to the an accuracy of ±0.5 pound (±225 grams). Commission a request for exemption (3) Testing procedure. The disc shall be under section 3(c) of the act, presenting positioned so that the contact surface facts in support of the view that full is parallel to the surface under test. A compliance is impracticable or is not direct force of 30 pounds ±0.5 pound necessary for the protection of the pub- (13.6 kilograms) shall be evenly applied lic health. The Commission shall deter- within 5 seconds through the disc. This mine on the basis of the facts sub- load shall be maintained for an addi- mitted and all other available informa- tional 10 seconds. During the test the tion whether the requested exemption toy is to rest on a flat, hard surface in is consistent with adequate protection any convenient position. of the public health and safety. If the [40 FR 1486, Jan. 7, 1975; 40 FR 16192, Apr. 10, Commission so finds, it shall detail the 1975, as amended at 56 FR 10, Jan. 2, 1991] exemption granted and the reasons therefor by an appropriate order pub- § 1500.81 Exemptions for food, drugs, lished in the FEDERAL REGISTER. cosmetics, and fuels. (b) The Commission may on its own (a) Food, drugs, and cosmetics. Sub- initiative determine on the basis of stances subject to the Federal Food, facts available to it that a particular Drug, and Cosmetic Act are exempted hazardous substance intended or pack- by section 2(f)(2) of the act; but where aged in a form suitable for use in the a food, drug, or cosmetic offers a sub- household or by children should be ex- stantial risk of injury or illness from empted from full labeling compliance any handling or use that is customary otherwise applicable under the act be- or usual it may be regarded as mis- cause of the size of the package or be- branded under the Federal Food, Drug, cause of the minor hazard presented by and Cosmetic Act because its label the substance or for other good and fails to reveal material facts with re- sufficient reason. If the Commission so spect to consequences that may result finds, it shall detail the exemption from use of the article (21 U.S.C. 321(n)) granted and the reasons therefor by an when its label fails to bear information appropriate order in the FEDERAL REG- to alert the householder to this hazard. ISTER. (b) Fuels. A substance intended to be (c) Any person who believes a par- used as a fuel is exempt from the re- ticular article should be exempted quirements of the act when in con- from being classified as a ‘‘banned haz- tainers that are intended to be or are ardous substance’’ as defined by section installed as part of the heating, cool- 2(q)(1)(A) of the act (repeated in ing, or refrigeration system of a house. § 1500.3(b)(15)(i)(A)), because its func- A portable container used for delivery tional purpose requires inclusion of a or temporary or additional storage, hazardous substance, it bears labeling and containing a substance that is a giving adequate directions and warn- hazardous substance as defined in sec- ings for safe use, and it is intended for tion 2(f) of the act, is not exempt from use by children who have attained suf- the labeling prescribed in section 2(p) ficient maturity, and may reasonably

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be expected, to read and heed such di- (3) Paper items such as newspapers, rections and warnings, may submit to wrapping papers, toilet and cleansing the Commission a request for exemp- tissues, and paper writing supplies are tion under section 2(q)(1)(B)(i) of the exempt from the labeling requirements act (repeated in proviso (1) under of section 2(p)(1) of the act (repeated in § 1500.3(b)(15(i)), presenting facts in sup- § 1500.3(b)(14)(i)) insofar as they apply port of his contention. The commission to the products being considered haz- shall determine on the basis of the ardous because of being an ‘‘extremely facts submitted, and all other available flammable solid’’ or ‘‘flammable solid’’ information, whether the requested ex- as defined in § 1500.3(c)(6)(v) and (vi). emption is consistent with the pur- (4) Thread, string, twine, rope, cord, poses of the act. If the Commission so and similar materials are exempt from finds, it shall detail the exemption the labeling requirements of section granted and the reasons therefor by an 2(p)(1) of the act (repeated in appropriate order in the FEDERAL REG- § 1500.3(b)(14)(i)) insofar as they apply ISTER. to the products being considered haz- (d) On its own initiative, the Com- ardous because of being an ‘‘extremely mission may determine on the basis of flammable solid’’ or ‘‘flammable solid’’ available facts that a particular as defined in Sec. 1500.3(c)(6)(v) and banned hazardous substance should be (vi). exempted from section 2(q)(1)(A) of the (5) Laboratory chemicals intended act (repeated in § 1500.3(b)(15)(i)(A)), be- only for research or investigational cause its functional purpose requires and other laboratory uses (except those inclusion of a hazardous substance, it in home chemistry sets) are exempt bears labeling giving adequate direc- from the requirements of placement tions and warnings for safe use, and it provided in § 1500.121 if all information is intended for use by children who required by that section and the act have obtained sufficient maturity, and appears with the required prominence may reasonably be expected, to read on the label panel adjacent to the main and heed such directions and warnings. panel. If the Commission so finds, it shall de- (6) [Reserved] tail the exemption granted and the rea- (7) Rigid or semirigid ballpoint ink sons therefor by an appropriate order cartridges are exempt from the label- in the FEDERAL REGISTER. ing requirements of section 2(p)(1) of the act (repeated in § 1500.3(b)(14)(i)), § 1500.83 Exemptions for small pack- insofar as such requirements would be ages, minor hazards, and special necessary because the ink contained circumstances. therein is a ‘‘toxic’’ substance as defined (a) The following exemptions are in § 1500.3(c)(2)(i), if: granted for the labeling of hazardous (i) The ballpoint ink cartridge is of substances under the provisions of such construction that the ink will, § 1500.82: under any reasonably foreseeable con- (1) When the sole hazard from a sub- ditions of manipulation or use, emerge stance in a self-pressurized container is only from the ballpoint end; that it generates pressure or when the (ii) When tested by the method de- sole hazard from a substance is that it scribed in § 1500.3(c)(2)(i), the ink does is flammable or extremely flammable, not have an LD–50 single oral dose of the name of the component which con- less than 500 milligrams per kilogram tributes the hazards need not be stated. of body weight of the test animal; and (2) Common matches, including book (iii) The cartridge does not have a ca- matches, wooden matches, and so- pacity of more than 2 grams of ink. called ‘‘safety’’ matches are exempt (8) Containers of paste shoe waxes, from the labeling requirements of sec- paste auto waxes, and paste furniture tion 2(p)(1) of the act (repeated in and floor waxes containing toluene § 1500.3(b)(14)(i)) insofar as they apply (also known as toluol), xylene (also to the product being considered haz- known as xylol), petroleum distillates, ardous because of being an ‘‘extremely and/or turpentine in the concentrations flammable solid’’ or ‘‘flammable solid’’ described in § 1500.14(a)(3) and (5) are as defined in § 1500.3(c)(6)(v) and (vi). exempt from the labeling requirements

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of § 1500.14(b)(3)(ii) and (5) if the (i) The total amount of methyl alco- visicosity of such products is suffi- hol by weight in the product does not ciently high so that they will not flow exceed 15 percent; and from their opened containers when in- (ii) The contents of any container verted for 5 minutes at a temperature does not exceed 2 fluid ounces. of 80 °F., and are exempt from bearing (11) Packages containing polishing or a flammability warning statement if cleaning products which consist of a the flammability of such waxes is due carrier of solid particulate or fibrous solely to the presence of solvents that composition and which contain toluene have flashpoints above 80 °F. when (also known as toluol), xylene (also tested by the method described in known as xylol), or petroleum dis- § 1500.43. tillates in the concentrations described (9) Porous-tip ink-marking devices in § 1500.14(a) (1) and (2) are exempt are exempt from the labeling require- from the labeling requirements of ments of section 2(p)(1) of the act (re- § 1500.14(b)(3)(ii) if such toluene, xylene, peated in § 1500.3(b)(14)(i)) and from the or petroleum distillate is fully ab- labeling requirements of § 1500.14(b)(1), sorbed by the solid, semisolid, or fi- (2), and (3)(ii) and (iii) insofar as such brous carrier and cannot be expressed requirements would be necessary be- therefrom with any reasonably foresee- cause the ink contained therein is a able conditions of manipulation. toxic substance as defined in (12) Containers of dry ink intended to § 1500.3(c)(2)(i), and/or because the ink be used as a liquid ink after the addi- contains 10 percent or more by weight tion of water are exempt from the la- of toluene (also known as toluol), xy- beling requirements of section 2(p)(1) of lene (also known as xylol), or petro- the act (repeated in § 1500.3(b)(14)(i)) leum distillates as defined in and from the labeling requirements of § 1500.14(a)(3), and/or because the ink § 1500.14(b) (1) and (2) insofar as such re- contains 10 percent or more by weight quirements would be necessary because of ethylene glycol; provided that: the dried ink contained therein is a (i) The porous-tip ink-marking devices are of such construction that: toxic substance as defined in (A) The ink is held within the device § 1500.3(c)(2)(i) and/or because the ink by an absorbent material so that no contains 10 percent or more of ethylene free liquid is within the device; and glycol as defined in § 1500.14(a)(2); pro- (B) Under any reasonably foreseeable vided that: conditions of manipulation and use, in- (i) When tested by the method de- cluding reasonably foreseeable abuse scribed in § 1500.3(c)(2)(i), the dry ink by children, the ink will emerge only concentrate does not have an LD–50 (le- through the porous writing nib of the thal dose, median; lethal for 50 percent device; and or more of test group) single oral dose (ii)(A) The device has a capacity of of less than 1 gram per kilogram of not more than 10 grams of ink and the body weight of the test animal. ink, when tested by methods described (ii) The dry ink concentrate enclosed in § 1500.3(c)(2)(i), has an LD–50 single in a single container does not weigh oral dose of not less than 2.5 grams per more than 75 milligrams. kilogram of body weight of the test (iii) The dry ink concentrate does not animal; or contain over 15 percent by weight of (B) The device has a capacity of not ethylene glycol. more than 12 grams of ink and the ink, (13) Containers of liquid and semi- when tested by methods described in solid substances such as viscous-type § 1500.3(c)(2)(i), has an LD–50 single oral paints, varnishes, lacquers, roof coat- dose of not less than 3.0 grams per kilo- ings, rubber vulcanizing preparations, gram of body weight of the test animal. floor covering adhesives, glazing com- (10) Viscous nitrocellulose-base adhe- pounds, and other viscous products sives containing more than 4 percent containing toluene (also known as tol- methyl alcohol by weight are exempt uol), xylene (also known as xylol), or from the label statement ‘‘Cannot be be petroleum distillates in concentrations made nonpoisonous’’ required by described in § 1500.14(a)(3) are exempt § 1500.14(b)(4) if: from the labeling requirements of

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§ 1500.14(b)(3)(ii) insofar as that subdivi- mixture of drycleaning solvents, are sion applies to such toluene, xylene, or exempt from the labeling requirements petroleum distillates, provided that the of section 2(p)(1) of the act (repeated in viscosity of the substance or of any liq- § 1500.3(b)(14)(i)) insofar as they apply uid that may separate or be present in to the ‘‘flammable solid’’ hazard as de- the container is not less than 100 fined in § 1500.3(c)(6)(vi), provided that: Saybolt universal seconds at 100 °F. (i) The article is packaged in a sealed (14) Customer-owned portable con- foil envelope; tainers that are filled by retail vendors (ii) The total amount of solvent in with gasoline, kerosene (kerosine), or each package does not exceed 4.5 milli- other petroleum distillates are exempt liters; and from the provision of section 2(p)(1)(A) (iii) The article will ignite only when of the act (which requires that the in contact with an open flame, and name and place of business of the man- when so ignited, the article burns with ufacturer, distributor, packer, or seller a sooty flame. appear on the label of such containers) (19) Packages containing articles in- provided that all the other label state- tended as single-use spot removers, and ments required by section 2(p)(1) of the which consist of a cotton pad or other act and § 1500.14(b)(3) appear on the la- absorbent material containing methyl bels of containers of the substances alcohol, are exempt from the labeling named in this subparagraph. requirements of § 1500.14(b)(4), if: (15) Cellulose sponges are exempt (i) The total amount of cleaning sol- from the labeling requirements of sec- vent in each package does not exceed tion 2(p)(1) of the act and § 1500.14(b)(1) 4.5 milliliters of which not more than insofar as such requirements would be 25 percent is methyl alcohol; and necessary because they contain 10 per- (ii) The liquid is completely held by cent or more of diethylene glycol as de- the absorbent materials so that no free fined in § 1500.14(a)(1), provided that: liquid is within the packages mar- (i) The cellulose sponge does not con- keted. tain over 15 percent by weight of (20) Cigarette lighters containing pe- diethylene glycol; and troleum distillate fuel are exempt from (ii) The diethylene glycol content is the labeling requirements of section completely held by the absorbent cel- 2(p)(1) of the act (repeated in lulose material so that no free liquid is § 1500.3(b)(14)(i)) and § 1500.14(b)(3) inso- within the sponge as marketed. far as such requirements would be nec- (16) Containers of substances which essary because the petroleum distillate include salt (sodium chloride) as a contained therein is flammable and be- component are exempt from the label- cause the substance is named in ing requirements of section 2(p)(1) of § 1500.14(a)(3) as requiring special label- the act (repeated in § 1500.3(b)(14)(i)) in- ing, provided that: sofar as such requirements would be (i) Such lighters contain not more necessary because the salt contained than 10 cubic centimeters of fuel at the therein is present in a quantity suffi- time of sale; and cient to render the article ‘‘toxic’’ as de- (ii) Such fuel is contained in a sealed fined in § 1500.3(3)(2)(i), provided that compartment that cannot be opened the labels of such containers bear a without the deliberate removal of the conspicuous statement that the prod- flush-set, screw-type refill plug of the uct contains salt. lighter. (17) The labeling of substances con- (21) Containers of dry granular fer- taining 10 percent or more of ferrous tilizers and dry granular plant foods oxalate is exempt from the require- are exempt from the labeling requirement of § 1500.129(f) that it bear the ments of section 2(p)(1) of the act (re- word ‘‘poison’’ which would be required peated in § 1500.3(b)(14)(i)) insofar as for such concentration of a salt of ox- such requirements would be necessary alic acid. because the fertilizer or plant food con- (18) Packages containing articles in- tained therein is a toxic substance as tended as single-use spot removers, and defined in § 1500.3(c)(2)(i), provided that: which consist of a cotton pad or other (i) When tested by the method de- absorbent material saturated with a scribed in § 1500.3(c)(2)(i), the product

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has a single dose LD–50 of not less than Read cautions on individual containers 3.0 grams per kilogram of body weight carefully. Not to be used by children of the test animal; except under adult supervision (ii) The label of any such exempt dry ; and granular fertilizers discloses the iden- (iii) The outer carton of such set tity of each of the hazardous ingredi- bears on the main display panel within ents; the borders of a rectangle, and in the (iii) The label bears the name and ad- type size specified in § 1500.121, the cau- dress of the manufacturer, packer, dis- tion statement specified in paragraph tributor, or seller; and (a)(23)(ii) of this section. (iv) The label bears the statement (24) Fire extinguishers containing ‘‘Keep out of the reach of children’’ or its practical equivalent. fire extinguishing agents which are (22) Small plastic capsules containing stored under pressure or which develop a paste composed of powdered metal pressure under normal conditions of solder mixed with a liquid flux are ex- use are exempt from the labeling re- empt from the requirements of section quirements of section 2(p)(1) of the act 2(p)(1) of the act (repeated in (repeated in § 1500.3(b)(14)(i)) insofar as § 1500.3(b)(14)(i)), if: such requirements apply to the pres- (i) The capsule holds not more than sure hazard as defined in § 1500.3(c)(7)(i), one-half milliliter of the solder mix- provided that: ture; (i) If the container is under pressure (ii) The capsule is sold only as a com- both during storage and under condi- ponent of a kit; and tions of use, it shall be designed to (iii) Adequate caution statements ap- withstand a pressure of at least 6 times ° pear on the carton of the kit and on the charging pressure at 70 F., except any accompanying labeling which that carbon dioxide extinguishers shall bears directions for use. be constructed and tested in accord- (23) Chemistry sets and other science ance with applicable Interstate Com- education sets intended primarily for merce Commission specifications; or use by juveniles, and replacement con- (ii) If the container is under pressure tainers of chemicals for such sets, are only during conditions of use, it shall exempt from the requirements of sec- be designed to withstand a pressure of tion 2(p)(1) of the act (repeated in not less than 5 times the maximum § 1500.3(b)(14)(i)), if: pressure developed under closed nozzle (i) The immediate container of each conditions at 70 °F. or 11⁄2 times the chemical that is hazardous as defined maximum pressure developed under in the act and regulations thereunder closed nozzle conditions at 120 °F., bears on its main panel the name of whichever is greater. such chemical, the appropriate signal (25) Cleaning and spot removing kits word for that chemical, and the addi- intended for use in cleaning carpets, tional statement ‘‘Read back panel be- furniture, and other household objects; fore using’’ (or ‘‘Read side panel before kits intended for use in coating, paint- using,’’ if appropriate) and bears on the ing, antiquing, and similarly proc- back (or side) panel of the immediate essing furniture, furnishings, equip- container the remainder of the appro- ment, sidings, and various other sur- priate cautionary statement for the faces; and kits intended for use in pho- specific chemical in the container; tographic color processing are exempt (ii) The experiment manual or other from the requirements of section 2(p)(1) instruction book or booklet accom- of the act (repeated in § 1500.3(b)(14)(i)) panying such set bears on the front and from the requirements of § 1500.14, page thereof, as a preface to any writ- provided that: ten matter in it (or on the cover, if any (i) The immediate container of each there be), the following caution state- hazardous substance in the kit is fully ment within the borders of a rectangle labeled and in conformance with the and in the type size specified in requirements of the act and regula- § 1500.121: tions thereunder; and WARNING—This set contains chemi- (ii) The carton of the kit bears on the cals that may be harmful if misused. main display panel (or panels) within a

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borderline, and in the type size speci- formance with the requirements of the fied in § 1500.121, the caution statement act and regulations thereunder; and ‘‘(Insert proper signal word as specified (iii) The outer package bears on the in paragraph (a)(25)(iii) of this section). main display panel (or panels), within This kit contains the following chemi- the borders of a rectangle and in the cals that may be harmful if misused: type size specified in § 1500.121, the cau- (List hazardous chemical components tion statement ‘‘WARNING—This as- by name.) Read cautions on individual sortment contains items that may be containers carefully. Keep out of the hazardous if misused and should be reach of children.’’ used only under adult supervision. IM- (iii) If either the word ‘‘POISON’’ or PORTANT—Read cautions on indi- ‘‘DANGER’’ is required on the container vidual items carefully.’’ (See also of any component of the kit, the same § 1500.14(b)(7); § 1500.17(a) (3), (8) and (9); word shall be required to appear as § 1500.85(a)(2); and part 1507). part of the caution statement on the (28) Packages containing felt pads kit carton. If both ‘‘POISON’’ and impregnated with ethylene glycol are ‘‘DANGER’’ are required in the labeling exempt from the labeling requirements of any component or components in the of § 1500.14(b)(1), if: kit, the word ‘‘POISON’’ shall be used. (i) The total amount of ethylene gly- In all other cases the word ‘‘WARNING’’ col in each pad does not exceed 1 gram; or ‘‘CAUTION’’ shall be used. and (26) Packages containing articles in- (ii) The liquid is held by the felt pad tended as single-use spot removers and so that no free ethylene glycol is with- containing methyl alcohol are exempt in the package. from the labeling specified in § 1500.14(b)(4), if: (29) Cigarette lighters containing bu- (i) The total amount of cleaning sol- tane and/or isobutane fuel are exempt vent in each unit does not exceed 1 mil- from the labeling requirements of sec- liliter, of which not more than 40 per- tion 2(p)(1) of the act (repeated in cent is methyl alcohol; § 1500.3(b)(14)(i)) insofar as such require- (ii) The liquid is contained in a ments would otherwise be necessary sealed glass ampoule enclosed in a because the fuel therein is extremely plastic container with a firmly at- flammable and under pressure, pro- tached absorbent wick at one end vided that: through which the liquid from the (i) The lighters contain not more crushed ampoule must pass, under the than 12 grams of fuel at the time of contemplated conditions of use; and sale; and (iii) The labeling of each package of (ii) The fuel reservoir is designed to the cleaner bears the statement withstand a pressure of at least 11⁄2 ‘‘WARNING—Keep out of the reach of times the maximum pressure which children,’’ or its practical equivalent, will be developed in the container at and the name and place of business of 120 °F. the manufacturer, packer, distributor, (30) The outer retail containers of or seller. solder kits each consisting of a small (27) Packaged fireworks assortments tube of flux partially surrounded by a intended for retail distribution are ex- winding of wire-type cadmium-free sil- empt from section 2(p)(1) of the act (re- ver solder are exempt from the labeling peated in § 1500.3(b)(14)(i)), if: requirements of section 2(p)(1) of the (i) The package contains only fire- act (repeated in § 1500.3(b)(14)(i)), if: works devices suitable for use by the (i) The metal solder contains no cad- public and designed primarily to mium and is not otherwise hazardous produce visible effects by combustion, under the provisions of the act; except that small devices designed to (ii) The tube of flux in the kit is fully produce audible effects may also be in- labeled and in conformance with the cluded if the audible effect is produced act and regulations thereunder, and by a charge of not more than 2 grains any accompanying literature that of pyrotechnic composition; bears directions for use also bears all (ii) Each individual article in the as- the information required by section sortment is fully labeled and in con- 2(p) of the act; and

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(iii) The main panel of the outer con- ducing a smoke effect for toy trains are tainer bears in type size specified in exempt from the labeling specified in § 1500.121 the following: (A) The signal § 1500.14(b)(3), if: word; (B) a statement of principal haz- (i) The mineral oil meets the speci- ard or hazards; (C) the statement ‘‘Keep fications in the N.F. for light liquid out of the reach of children,’’ or its petrolatum; practical equivalent; and (D) instruc- (ii) The mineral oil has a viscosity of tions to read other cautionary instruc- at least 130 Saybolt universal seconds tions on the tube of flux within. at 100 °F.; (31) Visual novelty devices consisting (iii) The article contains no other in- of sealed units, each of which unit is a gredient that contributes to the haz- steel and glass cell containing ard; and perchloroethylene (among other (iv) The label declares the presence things), are exempt from the require- light liquid petrolatum and the name ments of § 1500.121(a) that would other- and place of business of the manufac- wise require a portion of the warning turer, packer, distributor, or seller. statement to appear on the glass face (34) Viscous products containing of the device, provided that: more than 4 percent by weight of meth- (i) The device contains not more than yl alcohol, such as adhesives, asphalt- 105 milliliters of perchloroethylene and base roof and tank coatings, and simi- contains no other component that con- lar products, are exempt from bearing tributes substantially to the hazard; the special labeling required by and § 1500.14(b)(4), if: (ii) The following cautionary state- (i) The product contains not more ment appears on the device (other than than 15 percent by weight of methyl al- on the bottom) in the type size speci- cohol; fied in § 1500.121 (c) and (d): (ii) The methyl alcohol does not sepa- CAUTION—IF BROKEN, RESULTANT VAPORS rate from the other ingredients upon MAY BE HARMFUL standing or through any foreseeable use or manipulation; Contains perchloroethylene. Do not expose to extreme heat. If broken indoors, open win- (iii) The viscosity of the product is dows and doors until all odor of chemical is not less than 7,000 centipoises at 77 °F., gone. unless the product is packaged in a Keep out of the reach of children. pressurized container and is dispensed A practical equivalent may be sub- as a liquid unsuitable for drinking; and stituted for the statement ‘‘Keep out of (iv) The labeling bears the statement the reach of children.’’ ‘‘Contains methyl alcohol. Use only in (32) Hollow plastic toys containing well-ventilated area. Keep out of the mineral oil are exempt from the label- reach of children.’’ ing specified in § 1500.14(b)(3)(ii), if: (35) Individual detonators or blasting (i) The article contains no other in- caps are exempt from bearing the gredient that would cause it to possess statement, ‘‘Keep out of the reach of the aspiration hazard specified in children,’’ or its practical equivalent, § 1500.14(b)(3)(ii); if: (ii) The article contains not more (i) Each detonator or cap bears con- than 6 fluid ounces of mineral oil; spicuously in the largest type size (iii) The mineral oil has a viscosity practicable the statement, ‘‘DAN- of at least 70 Saybolt universal seconds GEROUS—BLASTING CAPS—EXPLO- at 100 °F.; SIVE’’ or ‘‘DANGEROUS—DETO- (iv) The mineral oil meets the speci- NATOR—EXPLOSIVE’’; and fications in the N.F. for light liquid (ii) The outer carton and any accom- petrolatum; and panying printed matter bear appro- (v) The container bears the state- priate, complete cautionary labeling. ment ‘‘CAUTION—Contains light liquid (36) Individual toy rocket propellant petrolatum N.F. Discard if broken or devices and separate delay train and/or leak develops.’’ recovery system activation devices in- (33) Containers of mineral oil having tended for use with premanufactured a capacity of not more than 1 fluid model rocket engines are exempt from ounce and intended for use in pro- bearing the full labeling required by

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section 2(p)(1) of the act (repeated in then the remainder of the required cau- § 1500.3(b)(14)(i)) insofar as such require- tionary labeling must be displayed on a ments would be necessary because the tag or other suitable material that is articles are flammable or generate securely affixed to the article so that pressure, provided that: the labeling will remain attached (i) The devices are designed and con- throughout the conditions of merchan- structed in accordance with the speci- dising and distribution to the ultimate fications in § 1500.85(a)(8), (9) or (14); consumer. That labeling which must (ii) Each individual device or retail appear on any outer package, accom- package of devices bears the following: panying leaflet, tag, or other suitable (A) The statement ‘‘WARNING— material must comply with the size, FLAMMABLE: Read instructions be- placement, contrast, and conspicuous- fore use’’; ness requirements of § 1500.121(d). (B) The common or usual name of the (38) Rigid or semi-rigid writing in- article; struments and ink cartridges having a (C) A statement of the type of engine writing point and an ink reservoir are and use classification; exempt from the labeling requirements (D) Instructions for safe disposal; and of section 2(p)(1) of the act (repeated in (E) Name and place of business of § 1500.3(b)(14)(i) of the regulations) and manufacturer or distributor; and of regulations issued under section 3(b) (iii) Each individual rocket engine or of the act (§ 1500.14(b)(1, 2)) insofar as retail package of rocket engines dis- such requirements would be necessary tributed to users is accompanied by an because the ink contained therein is a instruction sheet bearing complete ‘‘toxic’’ substance as defined in cautionary labeling and instructions § 1500.3(c)(2)(i) and/or because the ink for safe use and handling of the indi- contains 10 percent or more by weight vidual rocket engines. ethylene glycol or diethylene glycol, if (37) Glues with a cyanoacrylate base all the following conditions are met: in packages containing 3 grams or less (i) The writing instrument or car- are exempt from the requirement of tridge is of such construction that the § 1500.121(d) that labeling which is per- ink will, under any reasonably foresee- mitted to appear elsewhere than on the able condition of manipulation and use, main label panel must be in type size emerge only from the writing tip. no smaller than 6 point type, provided (ii) When tested by the method de- that: scribed in § 1500.3(c)(2)(i), the ink does (i) The main panel of the immediate not have an LD–50 single oral dose of container bears both the proper signal less than 2.5 grams per kilogram of word and a statement of the principal body weight of the test animal. hazard or hazards associated with this (iii) If the ink contains ethylene gly- product, as provided by § 1500.121 (a) col or diethylene glycol, the amount of and (c); such substance, either singly or in (ii) The main panel of the immediate combination, does not exceed 1 gram container also bears an instruction to per writing instrument or cartridge. read carefully additional warnings (iv) The amount of ink in the writing elsewhere on the label and on any instrument or cartridge does not ex- outer package, accompanying leaflet, ceed 3 grams. and display card. The instruction to read additional warnings must comply [38 FR 27012, Sept. 27, 1973; 42 FR 33026, June 29, 1977, as amended at 43 FR 32745, July 28, with the size, placement, conspicuous- 1978; 43 FR 47176, Oct. 13, 1978; 44 FR 42678, ness, and contrast requirements of July 20, 1979; 46 FR 11513, Feb. 9, 1981; 48 FR § 1500.121; and 16, Jan. 3, 1983; 68 FR 4699, Jan. 30, 2003; 74 FR (iii) The remainder of the cautionary 27249, June 9, 2009; 75 FR 49380, Aug. 13, 2010] labeling required by the act that is not on the main label panel must appear § 1500.85 Exemptions from classifica- elsewhere on the label in legible type tion as banned hazardous sub- and must appear on any outer package, stances. accompanying leaflet, and display (a) The term banned hazardous sub- card. If there is no outer package, ac- stances as used in section 2(q)(1)(A) of companying leaflet, or display card, the act shall not apply to the following

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articles provided that these articles plosive or pyrotechnic warhead other bear labeling giving adequate direc- than a small parachute or recovery- tions and warnings for safe use: system activation charge. (1) Chemistry sets and other science (9) Separate delay train and/or recov- education sets intended primarily for ery system activation devices intended juveniles, and replacement components for use with premanufactured model for such sets, when labeled in accord- rocket engines wherein all of the chem- ance with § 1500.83(a)(23). ical ingredients are preloaded so the (2) Firecrackers designed to produce user does not handle any chemical in- audible effects, if the audible effect is gredient and are so designed that the produced by a charge of not more than main casing or container does not rup- 50 milligrams (.772 grains) of pyro- ture during operation. technic composition. (See also (10) Solid fuel pellets intended for use § 1500.14(b)(7); § 1500.17(a) (3), (8) and (9); in miniature jet engines for propelling and part 1507). model jet airplanes, speed boats, racing (3) [Reserved] cars, and similar models, provided such (4) Educational materials such as art solid fuel pellets: materials, preserved biological speci- mens, laboratory chemicals, and other (i) Weigh not more than 11.5 grams articles intended and used for edu- each. cational purposes. (ii) Are coated with a protective res- (5) Liquid fuels containing more than inous film. 4 percent by weight of methyl alcohol (iii) Contain not more than 35 per- that are intended and used for oper- cent potassium dichromate. ation of miniature engines for model (iv) Produce a maximum thrust of airplanes, boats, cars, etc. not more than 71⁄2 ounces when used as (6) Novelties consisting of a mixture directed. of polyvinyl acetate, U.S. Certified Col- (v) Burn not longer than 12 seconds ors, and not more than 25 percent by each when used as directed. weight of acetone, and intended for (11) Fuses intended for igniting fuel blowing plastic balloons. pellets exempt under subparagraph (10) (7) Games containing, as the sole haz- of this paragraph. ardous component, a self-pressurized (12) Kits intended for construction of container of soap solution or similar model rockets and jet propelled model foam-generating mixture provided that airplanes requiring the use of the foam-generating component has no difluorodichloromethane as a propel- hazards other than being in a self-pres- lant, provided the outer carton bears surized container. on the main panel in conspicuous type (8) Model rocket propellant devices size the statement ‘‘WARNING—Care- designed for use in light-weight, recov- fully read instructions and cautions be- erable, and reflyable model rockets, fore use.’’ provided such devices: (13) Flammable wire materials in- (i) Are designed to be ignited by elec- tended for electro-mechanical actu- trical means. ation and release devices for model (ii) Contain no more than 62.5 grams kits described in paragraph (12) of this (2.2 ounces) of propellant material and section, provided each wire does not ex- produce less than 80 newton-seconds (17.92 pound seconds) of total impulse ceed 15 milligrams in weight. with thrust duration not less than 0.050 (14) Model rocket propellant devices second. (model rocket motors) designed to pro- (iii) Are constructed such that all the pel rocket-powered model cars, pro- chemical ingredients are preloaded vided— into a cylindrical paper or similarly (i) Such devices: constructed nonmetallic tube that will (A) Are designed to be ignited elec- not fragment into sharp, hard pieces. trically and are intended to be oper- (iv) Are designed so that they will ated from a minimum distance of 15 not burst under normal conditions of feet (4.6 m) away; use, are incapable of spontaneous igni- (B) Contain no more than 4 g. of pro- tion, and do not contain any type of ex- pellant material and produce no more

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than 2.5 Newton-seconds of total im- (b) [Reserved] pulse with a thrust duration not less [38 FR 27012, Sept. 27, 1973, as amended at 41 than 0.050 seconds; FR 22935, June 8, 1976; 42 FR 43391, Aug. 29, (C) Are constructed such that all the 1977; 48 FR 16, Jan. 3, 1983; 68 FR 4699, Jan. 30, chemical ingredients are pre-loaded 2003] into a cylindrical paper or similarly constructed non-metallic tube that will § 1500.86 Exemptions from classifica- not fragment into sharp, hard pieces; tion as a banned toy or other (D) Are designed so that they will not banned article for use by children. burst under normal conditions of use, (a) The term banned hazardous sub- are incapable of spontaneous ignition, stance as used in section 2(q)(1)(A) of and do not contain any type of explo- the act (repeated in § 1500.3(b)(15)(i)(A)) sive or pyrotechnic warhead other than of the act shall not apply to the fol- a small recovery system activation lowing articles: charge; (1) Toy rattles described in (E) Bear labeling, including labeling § 1500.18(a)(1) in which the rigid wires, that the devices are intended for use by sharp protrusions, or loose small ob- persons age 12 and older, and include jects are internal and provided that instructions providing adequate warn- such rattles are constructed so that ings and instructions for safe use; and they will not break or deform to expose (F) Comply with the requirements of or release the contents either in nor- 16 CFR 1500.83(a)(36)(ii and iii); and mal use or when subjected to reason- (ii) The surface vehicles intended for ably foreseeable damage or abuse. use with such devices: (2) Dolls and stuffed animals and (A) Are lightweight, weighing no other similar toys described in more than 3.0 oz. (85 grams), and con- § 1500.18(a)(3) in which the components structed mainly of materials such as that have the potential for causing lac- balsa wood or plastics that will not eration, puncture wound injury, or fragment into sharp, hard pieces; other similar injury are internal, provided such dolls, stuffed animals, and (B) Are designed to utilize a braking other similar toys are constructed so system such as a parachute or shock that they will not break or deform to absorbing stopping mechanism; expose such components either in nor- (C) Are designed so that they cannot mal use or when subjected to reason- accept propellant devices measuring ably foreseeable damage or abuse. larger than 0.5″ (13 mm) in diameter (3) [Reserved] and 1.75″ (44 mm) in length; (4) Any article known as a ‘‘baby- (D) Are designed so that the engine bouncer’’ or ‘‘walker-jumper’’ and any mount is permanently attached by the other similar article (referred to in manufacturer to a track or track line this paragraph as ‘‘article(s)’’), except that controls the vehicle’s direction for an infant walker subject to part 1216 of the duration of its movement; this chapter, described in § 1500.18(a)(6) (E) Are not designed to carry any provided: type of explosive or pyrotechnic mate- (i) The frames are designed and con- rial other than the model rocket motor structed in a manner to prevent injury used for primary propulsion; from any scissoring, shearing, or pinch- (F) Bear labeling and include instruc- ing when the members of the frame or tions providing adequate warnings and other components rotate about a com- instructions for safe use; and mon axis or fastening point or other- (G) Are designed to operate on a wise move relative to one another; and track or line that controls the vehicles’ (ii) Any coil springs which expand direction for the duration of their when the article is subjected to a force movement and either cannot operate that will extend the spring to its max- off the track or line or, if operated off imum distance so that a space between the track or line, are unstable and fail successive coils is greater than one- to operate in a guided fashion so that eighth inch (0.125 inch) are covered or they will not strike the operator or by- otherwise designed to prevent injuries; standers. and

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(iii) All holes larger than one-eighth requirements, and when tested at the inch (0.125 inch) in diameter and slots, point of production or while in inter- cracks, or hinged components in any state commerce or while held for sale portion of the article through which a after shipment in interstate commerce child could insert, in whole or in part a do not exceed the failure rate require- finger, toe, or any other part of the ments of the table in paragraph anatomy are guarded or otherwise de- (a)(5)(vi) of this section: signed to prevent injuries; and (i) The toy shall be so designed and (iv) The articles are designed and fabricated that: constructed to prevent accidental col- (A) Each ball: Weighs less than 50 lapse while in use; and grams; will not shatter, crack, or chip; (v) The articles are designed and con- is free of cracks, flash (ridges due to structed in a manner that eliminates imperfect molding), and crazing (tiny from any portion of the article the pos- surface cracks); and is free of rough or sibility of presenting a mechanical haz- sharp edges around any hole where the ard through pinching, bruising, lacer- cord enters or over any surface with ating, crushing, breaking, amputating, which the cord may make contact. or otherwise injuring portions of the Each ball is free of internal voids human body when in normal use or (holes, cavities, or air bubbles) if the when subjected to reasonably foresee- balls are made of materials other than able damage or abuse; and those materials (such as ABS (acrylo- (vi) Any article which is introduced nitrile butadiene styrene), nylon, and into interstate commerce after the ef- high-impact polystyrene) that are in- fective date of this subparagraph is la- jection-molded and possess high-im- beled: pact characteristics. (A) With a conspicuous statement of (B) The cord: Is of high tensile the name and address of the manufac- strength, synthetic fibers that are turer, packer, distributor, or seller; braided or woven, having a breaking and strength in excess of 445 Newtons (100 (B) With a code mark on the article pounds); is free of fraying or any other itself and on the package containing defect that might tend to reduce its the article or on the shipping con- strength in use; is not molded in balls tainer, in addition to the invoice(s) or made of casting resins which tend to shipping document(s), which code mark wick up or run up on the outside of the will permit future identification by the cord; and is affixed to a ball at the cen- manufacturer of any given model (the ter of the horizontal plane of the ball manufacturer shall change the model when it is suspended by the cord. Clacker balls where the mass of each number whenever the article undergoes ball is less than 12 grams (0.42 oz.) and a significant structural or design modi- the distance between the center of the fication); and pivot and the center of the ball cannot (vii) The manufacturer or importer of exceed 180 mm (7.1 inches) may have a the article shall make, keep, and main- minimum cord breaking strength of tain for 3 years records of sale, dis- less than 445 Newtons (100 pounds), as tribution, and results of inspections computed by the following formula: and tests conducted in accordance with Adjusted Cord Breaking Strength in this subparagraph and shall make such Newtons=0.1382(mb) (Rp), where mb=mass of a records available at all reasonable single ball in grams and hours upon request by any officer or Rp=pivot length in mm. employee of the Consumer Product (C) When the cord is attached to the Safety Commission and shall permit ball by means of a knot, the end be- such officer or employee to inspect and neath the knot is chemically fused or copy such records, to make such stock otherwise treated to prevent the knot inventories as he deems necessary, and from slipping out or untying in use. to otherwise check the correctness of (ii) The toy shall be tested at the such records. time of production: (5) Clacker balls described in (A) By using the sampling procedure § 1500.18(a)(7) that have been designed, described in the table in subdivision manufactured, assembled, labeled, and (vi) of this subparagraph to determine tested in accordance with the following the number of units to be tested.

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(B) By subjecting each ball tested to breaking strength calculated in 10 drops of a 2.25 kg (5-pound) steel im- § 1500.86(a)(5)(i)(B). Any breaking, fray- pact rod or weight (57-mm (21⁄4-inch) di- ing, or unraveling of the cord or any ameter with a flat head) dropped 1220 sign of slipping, loosening, or unfas- mm (48 inches) in a vented steel or alu- tening shall be counted as a failure minum tube (60-mm (23⁄8-inch) inside within the meaning of the fourth col- diameter) when the ball is placed on a umn of the table in paragraph (a)(5)(vi) steel or cast iron mount. Clacker balls of this section. where the mass of each ball is less than (E) By additionally subjecting any 12 grams (0.42 oz.) and the distance be- ring or other holding device to a 222- tween the center of the pivot and the Newton (50-pound) test load applied to center of the ball cannot exceed 180 both cords; the holding device is to be mm (7.1 inches) may be tested by drop- securely fixed horizontally in a suit- ping the impact weight from a height able clamp in such a manner as to sup- of less than 1220 mm (48 in.), where the port 50 percent of the area of such hold- height is computed as follows: ing device and the balls are suspended ¥5 Adjusted drop height in mm=179×10 (mb) freely. Clacker balls where the mass of (Rp2), where mb=mass of a single ball in each ball is less than 12 grams (0.42 oz.) grams and and the distance between the center of Rp=pivot length in mm. the pivot and the center of the ball Any ball showing any chipping, crack- cannot exceed 180 mm (7.1 inches) may ing, or shattering shall be counted as a have their holding device tested with a failure within the meaning of the third force of less than 222 Newtons (50 column of the table in paragraph pounds). The holding device test force (a)(5)(vi) of this section. for these clacker balls shall be half of (C) By inspecting each ball tested for the cord breaking strength calculated smoothness of finish on any surface of in § 1500.86(a)(5)(i)(B). Any breaking, the ball which may come in contact cracking, or crazing of the ring or with the cord during use. A cotton other holding device shall be counted swab shall be rubbed vigorously over as a failure within the meaning of the each such surface or area of the ball; if fourth column of the table in para- any cotton fibers are removed, the ball graph (a)(5)(vi) of this section. shall be counted as a failure within the (F) By cutting each ball tested in meaning of the fourth column of the half and then cutting each half per- table in subdivision (vi) of this para- pendicularly to the first cut into three graph. The toy shall also be checked to or more pieces of approximately equal ascertain that there is no visibly per- thickness. Each portion is to be in- ceptible ‘‘wicking up’’ or ‘‘running up’’ of spected before and after cutting, and the casting resins on the outside of the any ball showing any flash, crack, craz- cord in the vicinity where the ball is ing, or internal voids on such inspec- attached. tion is to be counted as a failure within (D) By fully assembling the toy and the meaning of the fourth column of testing the cord in such a manner as to the table in paragraph (a)(5)(vi) of this test both the strength of the cord and section. Balls that are injection-mold- the adequacy with which the cord is ated and possess high-impact characteris- tached to the ball and any holding de- tics (such as injection-molded balls vice such as a tab or ring included in made of ABS, nylon, or high-impact the assembly. The fully assembled arti- polystyrene) though exempt from the cle shall be vertically suspended by one requirements that there be no internal ball and a 445-Newton (100-pound) test voids, must be tested to determine the applied to the bottom ball. Clacker presence of any flash, crack or grazing. balls where the mass of each ball is less A transparent ball shall be subjected to than 12 grams (0.42 oz.) and the dis- the same requirements except that it tance between the center of the pivot may be visually inspected without cut- and the center of the ball cannot ex- ting. ceed 180 mm (7.1 inches) may be tested (iii) The toy shall be fully assembled with a force of under 445 Newtons (100 for use at time of sale, including the pounds). The test force for these clack- proper attachments of balls, cords, er balls shall be the same as the cord knots, loops, or other holding devices.

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(iv) The toy shall be labeled: tions and warnings to prevent the hold- (A) With a conspicuous statement of ing device from accidentally slipping the name and address of the manufac- out of the hand. Such statements shall turer, packer, distributor, or seller. be printed in sharply contrasting color (B) To bear on the toy itself and/or within a borderline and in letters at the package containing the toy and/or least 6 mm (1⁄4 inch) high on the main the shipping container, in addition to panel of the container and at least 3 the invoice(s) and shipping docu- mm (1⁄8) high on all accompanying lit- ment(s), a code or mark in a form and erature. manner that will permit future identi- (v) The manufacturer of the toy shall fication of any given batch, lot, or make, keep, and maintain for 3 years shipment by the manufacturer. records of sale, distribution, and re- (C) To bear a conspicuous warning sults of inspections and tests con- statement on the main panel of the re- ducted in accordance with this sub- tail container and display carton and paragraph and shall make such records on any accompanying literature: That available upon request at all reason- if cracks develop in a ball or if the cord able hours by any officer or employee becomes frayed or loose or unfastened, of the Consumer Product Safety Com- use of the toy should be discontinued; mission, and shall permit such officer and if a ring or loop or other holding or employee to inspect and copy such device is present, the statement ‘‘In records and to make such inventories use, the ring or loop must be placed of stock as he deems necessary and around the middle finger and the two otherwise to check the correctness of cords positioned over the forefinger such records. and held securely between the thumb (vi) The lot size, sample size, and and forefinger,’’ or words to that effect failure rate for testing clacker balls which will provide adequate instruc- are as follows:

Failure rate constituting Number of units in batch, shipment, deliv- Number of units in ran- Failure rate constituting rejection when testing per ery, lot, or retail stock dom sample rejection when testing per § 1500.86(a)(5)(ii) (C), § 1500.86(a)(5)(ii)(B) (D), (E), and (F)

50 or less ...... 8 1 1 51 to 90 ...... 13 1 1 91 to 150 ...... 20 1 1 151 to 280 ...... 32 1 2 281 to 500 ...... 50 1 2 501 to 1,200 ...... 80 2 4 1,201 to 3,200 ...... 125 2 6 3,201 to 10,000 ...... 200 3 10 10,001 to 35,000 ...... 315 4 16 35,001 to 150,000 ...... 500 6 25 150,001 to 500,000 ...... 800 8 40 500,001 and over ...... 1,250 11 62

(vii) Applicability of the exemption graph from classification as a banned provided by this paragraph shall be de- hazardous substance. termined through use of the table in (6) Caps (paper or plastic) described paragraph (a)(5)(vi) of this section. A in § 1500.18(a)(5), provided: random sample of the number of arti- (i) Such articles do not produce peak cles as specified in the second column sound pressure levels greater than 158 of the table shall be selected according decibels when tested in accordance to the number of articles in a par- with § 1500.47, and provided any such ar- ticular batch, shipment, delivery, lot, ticles producing peak sound pressure or retail stock per the first column. A levels greater than 138 decibels but not failure rate as shown in either the greater than 158 decibels when tested third or fourth column shall indicate in accordance with § 1500.47 shall bear that the entire batch, shipment, deliv- the following statement on the carton ery, lot, or retail stock has failed and and in the accompanying literature in thus is not exempted under this para-

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accordance with § 1500.121: ‘‘WARN- both with and without the attach- ING—Do not fire closer than 1 foot to ment(s). the ear. Do not use indoors.’’ (B) From just above the water sur- (ii) Any person who elects to dis- face, drop the dive stick into the contribute toy caps in accordance with tainer. paragraph (a)(6)(i) of this section shall (C) Let the dive stick sink and come promptly notify the Consumer Product to rest at the bottom of the container. Safety Commission, Bureau of Compli- If the dive stick is designed so that the ance, Washington, D.C. 20207, of their weight can be adjusted by adding water intention and shall conduct or partici- or other substance, adjust the weight pate in a program to develop caps that so that the dive stick sinks and comes produce a sound pressure level of not to rest with its long axis positioned as more than 138 decibels when tested in close to vertical as possible. accordance with § 1500.47. (D) Align the angle measurement de- (iii) Any person who elects to dis- vice alongside the dive stick under- tribute caps in accordance with para- water and wait for the dive stick to graph (a)(6)(i) of this section shall, come to rest if there is any water dis- after notification of his intentions to turbance. Determine whether the long the Commission in accordance with axis of the dive stick is greater than or paragraph (a)(6)(ii) of this section, sub- less than 45 degrees from vertical. mit to the Consumer Product Safety (8) Dive sticks and similar articles Commission, Bureau of Compliance, described in § 1500.18(a)(19) in which the Washington, DC 20207, a progress report maximum force measured in the fol- not less frequently than once every 3 lowing test method is less than 5–lbf months concerning the status of his [22N]. The test shall be conducted in program to develop caps that produce a the ambient environment of the labora- sound level of not more than 138 deci- tory and not under water. bels when tested in accordance with (i) Test equipment. § 1500.47. (7) Dive sticks and similar articles (A) A compression rig that has a described in § 1500.18(a)(19) that come to force gauge or equivalent device that is rest at the bottom of a container of calibrated for force measurements water in a position in which the long within a minimum range of 0 to 5 lbf [0–22 N] and with an accuracy of ±0.1 lbf axis of the article is greater than 45 de- ± grees from vertical when measured in [ 0.44 N] or better. The test rig shall accordance with the following test have a system to guide this force appli- method: cation in the vertical direction and (i) Test equipment. shall have a means to adjust the rate of (A) A container that is filled with tap load application. water to a depth at least 3 inches [76 (B) Compression disk—the loading mm] greater than the longest dimen- device that is attached to the force sion of the dive stick. The container gauge shall be a rigid metal disk with shall: a minimum diameter of 1.125 inches [29 (1) Be sufficiently wide to allow the mm]. dive stick to lie along the bottom with (C) Vise or other clamping device. its long axis in a horizontal position, (ii) Testing procedure (2) Have clear side walls to permit ob- (A) Position the bottom of the dive servation of the dive stick under water, stick in the clamping device so that and the longest axis of the dive stick is (3) Be placed on a level surface and vertical. The bottom end of the dive have a flat bottom. stick is the end that sinks to the bot- (B) A protractor or other suitable tom of a pool of water. Secure the bot- angle measurement device that has an tom of the dive stick in the clamp such indicator for 45 degrees from vertical. that the clamping mechanism covers (ii) Testing procedure no more than the bottom 1⁄2 inch [13 (A) If the dive stick is sold such that mm] of the dive stick. the consumer is required to attach an (B) Apply a downward force at a rate additional component(s) to the dive of 0.05 in/sec (±0.01 in/sec) [1.3 mm.sec stick, then the product shall be tested ±0.3 mm/sec] at the top of the dive

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stick with the compression disk posi- to be a barrier that would render lead tioned so that the plane of the disk in the substrate to be inaccessible to a contact surface is perpendicular to the child. long axis of the dive stick. (c) Section 101(b)(2)(B) of the CPSIA (C) Apply the load for a period of 40 directs the Commission to promulgate seconds or until the maximum recorded by August 14, 2009, this interpretative force exceeds 5-lbf [22 N]. rule to provide guidance with respect (D) Record the maximum force that to what product components or classes was measured during the test. of components will be considered to be (b) [Reserved] inaccessible. (9) Boston Billow Nursing Pillow and (d) The accessibility probes specified substantially similar nursing pillows for sharp points or edges under the that are designed to be used only as a Commissions’ regulations at 16 CFR nursing aide for breastfeeding mothers. 1500.48–1500.49 will be used to assess the For example, are tubular in form, C- or accessibility of lead-component parts crescent-shaped to fit around a nursing of a children’s product. A lead-con- mother’s waist, round in circumference taining component part would be con- and filled with granular material. sidered accessible if it can be contacted by any portion of the specified segment [38 FR 27012, Sept. 27, 1973, as amended at 53 of the accessibility probe. A lead-con- FR 46839, Nov. 18, 1988; 59 FR 9076, 9077, Feb. 25, 1994; 66 FR 13651, Mar. 7, 2001; 68 FR 70140, taining component part would be con- Dec. 17, 2003; 73 FR 77495, Dec. 19, 2008; 75 FR sidered inaccessible if it cannot be con- 35282, June 21, 2010] tacted by any portion of the specified segment of the accessibility probe. § 1500.87 Children’s products con- (e) For products intended for children taining lead: inaccessible compo- that are 18 months of age or less, the nent parts. use and abuse tests set forth under the (a) The Consumer Product Safety Im- Commission’s regulations at 16 CFR provement Act (CPSIA) provides for 1500.50 and 16 CFR 1500.51 (excluding specific lead limits in children’s prod- the bite test of § 1500.51(c)), will be used ucts. Section 101(a) of the CPSIA pro- to evaluate accessibility of lead-con- vides that by February 10, 2009, prod- taining component parts of a children’s ucts designed or intended primarily for product as a result of normal and rea- children 12 and younger may not con- sonably foreseeable use and abuse of tain more than 600 ppm of lead. After the product. August 14, 2009, products designed or (f) For products intended for children intended primarily for children 12 and that are over 18 months but not over 36 younger cannot contain more than 300 months of age, the use and abuse tests ppm of lead. On August 14, 2011, the set forth under the Commission’s regu- limit may be further reduced to 100 lations at 16 CFR 1500.50 and 16 CFR ppm after three years, unless the Com- 1500.52 (excluding the bite test of mission determines that it is not tech- § 1500.52(c)), will be used to evaluate ac- nologically feasible to have this lower cessibility of lead-containing compo- limit. nent parts of a children’s product as a (b) Section 101 (b)(2) of the CPSIA result of normal and reasonably fore- provides that the lead limits do not seeable use and abuse of the product. apply to component parts of a product (g) For products intended for children that are not accessible to a child. This that are over 36 months but not over 96 section specifies that a component part months of age, the use and abuse tests is not accessible if it is not physically set forth under the Commission’s regu- exposed by reason of a sealed covering lations at 16 CFR 1500.50 and 16 CFR or casing and does not become phys- 1500.53 (excluding the bite test of ically exposed through reasonably fore- § 1500.53(c)), will be used to evaluate ac- seeable use and abuse of the product in- cessibility of lead-containing compo- cluding swallowing, mouthing, break- nent parts of a children’s product as a ing, or other children’s activities, and result of normal and reasonably fore- the aging of the product, as determined seeable use and abuse of the product. by the Commission. Paint, coatings, or (h) For products intended for chil- electroplating may not be considered dren over 96 months through 12 years of

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age, the use and abuse tests set forth other children’s activities, and the under the Commission’s regulations at aging of the product, as determined by 16 CFR 1500.50 and 16 CFR 1500.53 (ex- the Commission. Paint, coatings, or cluding the bite test of § 1500.53(c)) in- electroplating may not be considered tended for children aged 37–96 months to be a barrier that would render lead will be used to evaluate accessibility of in the substrate to be inaccessible to a lead-containing component parts of a child. children’s product as a result of normal (b) Section 101(b)(4) of the CPSIA pro- and reasonably foreseeable use and vides that if the Commission deter- abuse of the product. mines that it is not technologically (i) A children’s product that is or feasible for certain electronic devices contains a lead-containing part which to comply with the lead limits, the is enclosed, encased, or covered by fab- Commission must issue requirements ric and passes the appropriate use and by regulation to eliminate or minimize abuse tests on such covers, is inacces- the potential for exposure to and accessible to a child unless the product or sibility of lead in such electronic depart of the product in one dimension is vices and establish a compliance sched- smaller than 5 centimeters. ule unless the Commission determines (j) The intentional disassembly or de- that full compliance is not techno- struction of products by children older logically feasible within a schedule set than age 8 years by means or knowl- by the Commission. edge not generally available to younger (c) Certain accessible lead-containing children, including use of tools, will component parts in children’s elec- not be considered in evaluating prod- tronic devices unable to meet the lead ucts for accessibility of lead-con- limits set forth in paragraph (a) of this taining components. section due to technological infeasi- [74 FR 39540, Aug. 7, 2009] bility are granted the exemptions that follow in paragraph (d) of this section § 1500.88 Exemptions from lead limits below, provided that use of lead is nec- under section 101 of the Consumer essary for the proper electronic func- Product Safety Improvement Act tioning of the component part and it is for certain electronic devices. not technologically feasible for the (a) The Consumer Product Safety Im- component part to meet the lead con- provement Act (CPSIA) provides for tent limits set forth in paragraph (a) of specific lead limits in children’s prod- this section. ucts. Section 101(a) of the CPSIA pro- (d) Exemptions for lead as used in vides that by February 10, 2009, prod- certain electronic components parts in ucts designed or intended primarily for children’s electronic devices include: children 12 and younger may not con- (1) Lead blended into the glass of tain more than 600 ppm of lead. After cathode ray tubes, electronic compo- August 14, 2009, products designed or nents, and fluorescent tubes. intended primarily for children 12 and younger cannot contain more than 300 (2) Lead used as an alloying element ppm of lead. On August 14, 2011, the in steel. The maximum amount of lead limit will be further reduced to 100 shall be less than 0.35% by weight (3,500 ppm, unless the Commission deter- ppm). mines that it is not technologically (3) Lead used in the manufacture of feasible to meet this lower limit. Sec- aluminum. The maximum amount of tion 101(b)(2) of the CPSIA further pro- lead shall be less than 0.4% by weight vides that the lead limits do not apply (4,000 ppm). to component parts of a product that (4) Lead used in copper-based alloys. are not accessible to a child. This sec- The maximum amount of lead shall be tion specifies that a component part is less than 4% by weight (40,000 ppm). not accessible if it is not physically ex- (5) Lead used in lead-bronze bearing posed by reason of a sealed covering or shells and bushings. casing and does not become physically (6) Lead used in compliant pin con- exposed through reasonably foreseeable nector systems. use and abuse of the product including (7) Lead used in optical and filter swallowing, mouthing, breaking, or glass.

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(8) Lead oxide in plasma display pan- tion of any lead in the human body els (PDP) and surface conduction elec- through normal and reasonably fore- tron emitter displays (SED) used in seeable use and abuse of the product. structural elements; notably in the (b) The Commission may, either on front and rear glass dielectric layer, its own initiative or upon the request the bus electrode, the black stripe, the of any interested person, make a deter- address electrode, the barrier ribs, the mination that a material or product seal frit and frit ring, as well as in does not contain leads levels that ex- print pastes. ceed 600 ppm, 300 ppm, or 100 ppm, as (9) Lead oxide in the glass envelope of applicable. Black Light Blue (BLB) lamps. (c) A determination by the Commis- (e) Components of electronic devices sion under paragraph (b) of this section that are removable or replaceable, such that a material or product does not as battery packs and light bulbs that contain lead levels that exceed 600 are inaccessible when the product is as- ppm, 300 ppm, or 100 ppm, as applicable sembled in functional form or are oth- does not relieve the material or prod- erwise granted an exemption, are not uct from complying with the applicable subject to the lead limits in paragraph lead limit as provided under paragraph (a) of this section. (a) of this section. (f) Commission staff is directed to re- (d) To request a determination under evaluate and report to the Commission paragraph (b) of this section, the re- on the technological feasibility of com- quest must: pliance with the lead limits in para- (1) Be e-mailed to [email protected]. and ti- graph (a) of this section for children’s tled ‘‘Section 101 Request for Lead Content electronic devices, including the tech- Determination.’’ Requests may also be nological feasibility of making acces- mailed, preferably in five copies, to the Of- sible component parts inaccessible, and fice of the Secretary, Consumer Product the status of the exemptions, no less Safety Commission, Room 502, 4330 East than every five years after publication West Highway, Bethesda, Maryland 20814, or of a final rule in the FEDERAL REGISTER delivered to the same address. on children’s electronic devices. (2) Be written in the English language. (3) Contain the name and address, and e- [75 FR 3158, Jan. 20, 2010] mail address or telephone number, of the requestor. § 1500.89 Procedures and require- (4) Provide documentation including: ments for determinations regarding (i) A detailed description of the product or lead content of materials or prod- material and how it is used by a child; ucts under section 101(a) of the (ii) Representative data on the lead con- Consumer Product Safety Improve- tent of parts of the product or materials used ment Act. in the production of a product; (iii) All relevant data or information on (a) The Consumer Product Safety Im- manufacturing processes through which lead provement Act provides for specific may be introduced into the material or prod- lead limits in children’s products. Sec- uct; tion 101(a) of the CPSIA provides that (iv) An assessment of the likelihood or by February 10, 2009, products designed lack thereof that the manufacturing proc- or intended primarily for children 12 esses will result in lead contamination of a years of age or younger may not con- material or product that ordinarily does not tain more than 600 ppm of lead. After contain lead; (v) All relevant data or information on the August 14, 2009, products designed or facilities used to manufacture the material intended primarily for children 12 or product, and any other materials used in years of age or younger cannot contain the product; more than 300 ppm of lead. On August (vi) An assessment of the likelihood or 14, 2011, the limit will be further re- lack thereof that the use of leaded materials duced to 100 ppm, unless the Commis- in a facility will result in lead contamina- sion determines that this lower limit is tion of a material or product that ordinarily not technologically feasible. Paint, does not contain lead; (vii) Any other information relevant to the coatings or electroplating may not be potential for lead content of the product or considered a barrier that would make material to exceed the statutory lead limit the lead content of a product inacces- specified in the request, that is 600 ppm, 300 sible to a child or prevent the absorp- ppm, or 100 ppm, as applicable;

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(viii) Detailed information on the relied results and the EXHR staff’s memo- upon test methods for measuring lead con- randum of recommendation. tent of products or materials including the (h) Where the Office of Hazard Identi- type of equipment used or any other tech- fication and Reduction’s (EXHR) ini- niques employed and a statement as to why tial recommendation is to grant the re- the data is representative of the lead content of such products or materials generally; and quest for a lead content determination, (ix) Any data or information that is unfa- it will submit the basis for that rec- vorable to the request that is reasonably ommendation to the Commission in a available to the requestor. memorandum to be voted on by ballot, with sufficient detail for the Commis- (e) Where a submission fails to meet sion to make an informed decision that all of the requirements of paragraph (d) reasonable grounds for a determination of this section, the Office of the Sec- are presented. If the notice of proposed retary shall notify the person submit- rulemaking (NPR) is published, it will ting it, describe the deficiency, and ex- invite public comment in the FEDERAL plain that the request may be resub- REGISTER. EXHR will review and evalu- mitted when the deficiency is cor- ate any comments and supporting doc- rected. umentation before making its final (f) Upon receipt of a complete request recommendation to the Commission for a determination, the Office of Haz- for final agency action, by staff memo- ard Identification and Reduction randum submitted to the Commission. (EXHR) will assess the request to de- If the Commission, after review of the termine whether the product or mate- staff’s final recommendation, deter- rial is one that does not contain lead in mines that a material or product does excess of the limits as provided under not and would not exceed the lead con- paragraph (a) of this section. EXHR tent limits, it will decide by ballot will make an initial recommendation vote, on whether to publish a final rule within thirty (30) calendar days, to the in the FEDERAL REGISTER. extent practicable. EXHR may request (i) The filing of a request for a deter- an extension from the Executive Direc- mination does not have the effect of tor of the CPSC, if necessary, to make staying the effect of any provision or its initial determination. A complete limit under the statutes and regula- request is one that does not require ad- tions enforced by the Commission. ditional information from the re- Even though a request for a determina- questor for EXHR to make an initial tion has been filed, unless a Commis- recommendation to the Commission. sion determination is issued in final (g) Where the Office of Hazard Identi- form after notice and comment, mate- fication and Reduction’s (EXHR) ini- rials or products subject to the lead tial recommendation is to deny the re- limits under section 101 of the CPSIA quest for a lead content determination, must be tested in accordance with sec- it will provide, in a staff memorandum tion 102 of the CPSIA, unless the test- to the Commission, submitted to the ing requirement is otherwise stayed by Commission for ballot vote, the basis the Commission. for the denial with sufficient detail for [74 FR 10480, Mar. 11, 2009] the Commission to make an informed decision that reasonable grounds for a § 1500.90 Procedures and require- determination are not presented. The ments for exclusions from lead lim- Commission, by ballot vote, will render its under section 101(b) of the Con- a decision on the staff’s recommenda- sumer Product Safety Improvement tion. The ballot vote and the staff Act. memorandum will be posted on the (a) The Consumer Product Safety Im- CPSC Web site. Any determination by provement Act provides for specific the Commission to grant a request will lead limits in children’s products. Sec- be published in the FEDERAL REGISTER tion 101(a) of the CPSIA provides that for comment. If the Commission con- by February 10, 2009, products designed cludes that the request shall be denied, or intended primarily for children 12 the requestor shall be notified in writ- years of age or younger may not con- ing of the denial from the Office of the tain more than 600 ppm of lead. After Secretary along with the official ballot August 14, 2009, products designed or

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intended primarily for children 12 (iv) Any other information relevant to the years of age or younger cannot contain potential for lead content of the product or more than 300 ppm of lead. On August material to exceed the CPSIA lead limits 14, 2011, the limit will be further re- that is reasonably available to the requestor; duced to 100 ppm, unless the Commis- (v) Detailed information on the relied upon sion determines that this lower limit is test methods for measuring lead content of products or materials including the type of not technologically feasible. Paint, equipment used or any other techniques em- coatings or electroplating may not be ployed and a statement as to why the data is considered a barrier that would make representative of the lead content of such the lead content of a product inacces- products or materials generally; and sible to a child or prevent the absorp- (vi) An assessment of the manufacturing tion of any lead in the human body processes which strongly supports a conclu- through normal and reasonably fore- sion that they would not be a source of lead seeable use and abuse of the product. contamination of the product or material, if (b) Section 101(b)(1) of the CPSIA pro- relevant. vides that the Commission may ex- (5) Provide best-available, objective, peer- clude a specific product or material reviewed, scientific evidence to support a request for an exclusion demonstrating that from the lead limits established for the normal and reasonably foreseeable use children’s products under the CPSIA if and abuse activity by a child (including the Commission, after notice and a swallowing, mouthing, breaking, or other hearing, determines on the basis of the children’s activities) and the aging of the best-available, objective, peer-re- material or product for which exclusion is viewed, scientific evidence that lead in sought, will not result in the absorption of such product or material will neither: any lead into the human body, nor have any (1) Result in the absorption of any other adverse impact on public health or lead into the human body, taking into safety. This literature should support a request for exclusion that addresses how much account normal and reasonably fore- lead is present in the product, how much seeable use and abuse of such product lead comes out of the product, and the condi- by a child, including swallowing, tions under which that may happen and in- mouthing, breaking, or other children’s formation relating to a child’s interaction, if activities, and the aging of the prod- any, with the product. uct; nor (6) Provide best-available, objective, peer- (2) Have any other adverse impact on reviewed, scientific evidence that is unfavor- public health or safety. able to the request that is reasonably avail- (c) To request an exclusion from the able to the requestor. lead limits as provided under para- (d) Where a submission fails to meet graph (a) of this section, the request all of the requirements of paragraph (c) must: of this section, the Office of the Sec- (1) Be e-mailed to [email protected]. and ti- retary shall notify the person submit- tled ‘‘Section 101 Request for Exclusion of a ting it, describe the deficiency, and ex- Material or Product.’’ Requests may also be plain that the request may be resub- mailed, preferably in five copies, to the Of- mitted when the deficiency is cor- fice of the Secretary, Consumer Product rected. Safety Commission, Room 502, 4330 East (e) Upon receipt of a complete re- West Highway, Bethesda, Maryland 20814, or delivered to the same address. quest for an exclusion, the Office of (2) Be written in the English language. Hazard Identification and Reduction (3) Contain the name and address, and e- (EXHR) will assess the request to de- mail address or telephone number, of the re- termine whether, on the basis of its requestor. view of the submitted materials, that (4) Provide documentation including: the normal and reasonably foreseeable (i) A detailed description of the product or use and abuse activity by a child (in- material and how it is used by a child; cluding swallowing, mouthing, break- (ii) Representative data on the lead con- ing, or other children’s activities) and tent of parts of the product or materials used the aging of the material or product for in the production of a product; (iii) All relevant data or information on which exclusion is sought, will not re- manufacturing processes through which lead sult in the absorption of any lead into may be introduced into the product or mate- the human body nor have any other ad- rial; verse impact on health or safety.

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EXHR will make an initial rec- lish a final rule in the FEDERAL REG- ommendation within thirty (30) cal- ISTER. endar days to the extent practicable. (h) The filing of a request for exclu- EXHR may request an extension from sion does not have the effect of staying the Executive Director of the CPSC, if the effect of any provision or limit necessary, to make its initial rec- under the statutes and regulations en- ommendation. A complete request is forced by the Commission. Even one that does not require additional in- though a request for an exclusion has formation from the requestor for been filed, unless an exclusion is issued EXHR to make an initial recommenda- in final form by the Commission after tion to the Commission. notice and comment, materials or (f) Where the Office of Hazard Identi- products subject to the lead limits fication and Reduction’s (EXHR) ini- under section 101 of the CPSIA are con- tial recommendation is to deny the re- sidered to be banned hazardous sub- quest for an exclusion, it will provide stances if they do not meet the lead in a staff memorandum to the Commis- limits as provided under paragraph (a) sion, submitted to the Commission for of this section. ballot vote, the basis for denial with [74 FR 10480, Mar. 11, 2009] sufficient detail for the Commission to make an informed decision that rea- § 1500.91 Determinations regarding sonable grounds for an exclusion are lead content for certain materials not presented. The Commission, by bal- or products under section 101 of the lot vote, will render a decision on the Consumer Product Safety Improve- staff’s recommendation. The ballot ment Act. vote and the staff memorandum will be (a) The Consumer Product Safety Im- posted on the CPSC Web site. Any de- provement Act provides for specific termination by the Commission to lead limits in children’s products. Sec- grant a request will be published in the tion 101(a) of the CPSIA provides that FEDERAL REGISTER for comment. If the by February 10, 2009, products designed Commission concludes that the request or intended primarily for children 12 shall be denied, the requestor shall be and younger may not contain more notified in writing of the denial from than 600 ppm of lead. After August 14, the Office of the Secretary along with 2009, products designed or intended pri- the official ballot results and the marily for children 12 and younger can- EXHR’s staff’s memorandum of rec- not contain more than 300 ppm of lead. ommendation. On August 14, 2011, the limit may be (g) Where the Office of Hazard Identi- further reduced to 100 ppm, unless the fication and Reduction’s (EXHR) ini- Commission determines that it is not tial recommendation is to grant the ex- technologically feasible to have this clusion, it will submit the basis for lower limit. Paint, coatings or electro- that recommendation to the Commis- plating may not be considered a barrier sion in a memorandum to be voted on that would make the lead content of a by ballot, with sufficient detail for the product inaccessible to a child. Mate- Commission to make an informed deci- rials used in products intended pri- sion that reasonable grounds for a de- marily for children 12 and younger that termination are presented. If the no- are treated or coated with paint or tice of proposed rulemaking (NPR) is similar surface-coating materials that published, it will invite public com- are subject to 16 CFR part 1303, must ment in the FEDERAL REGISTER. EXHR comply with the requirements for lead will review and evaluate the comments paint under section 14(a) of the Con- and supporting documentation before sumer Product Safety Act (CPSA), as making its final recommendation to amended by section 102(a) of the the Commission, by staff memorandum CPSIA. submitted to the Commission, for final (b) Section 3 of the CPSIA grants the agency action. If the Commission, after Commission general rulemaking au- review of the staff’s final recommenda- thority to issue regulations, as nection, determines that an exclusion is essary, either on its own initiative or supported by the evidence, it will de- upon the request of any interested per- cide by ballot vote, on whether to pub- son, to make a determination that a

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material or product does not exceed kenaf, bamboo, coir, sisal, silk, wool the lead limits as provided under para- (sheep), alpaca, llama, goat (mohair, graph (a) of this section. cashmere), rabbit (angora), camel, (c) A determination by the Commis- horse, yak, vicuna, qiviut, guanaco; sion under paragraph (b) of this section (ii) Manufactured fibers (dyed or that a material or product does not undyed) including, but not limited to, contain lead levels that exceed 600 rayon, azlon, lyocell, acetate, ppm, 300 ppm, or 100 ppm, as applicable, triacetate, rubber, polyester, olefin, does not relieve the material or prod- nylon, acrylic, modacrylic, aramid, uct from complying with the applicable spandex. lead limit as provided under paragraph (8) Other plant-derived and animal- (a) of this section if the product or ma- derived materials including, but not terial is changed or altered so that it limited to, animal glue, bee’s wax, exceeds the lead content limits. seeds, nut shells, flowers, bone, sea (d) The following materials do not ex- shell, coral, amber, feathers, fur, leath- ceed the lead content limits under sec- er. tion 101(a) of the CPSIA provided that (e) The following metals and alloys these materials have neither been do not exceed the lead content limits treated or adulterated with the addi- under section 101(a) of the CPSIA, pro- tion of materials that could result in vided that no lead or lead-containing the addition of lead into the product or metal is intentionally added but does material: not include the non-steel or non-pre- (1) Precious gemstones: diamond, cious metal components of a product, ruby, sapphire, emerald. such as solder or base metals in elec- (2) Semiprecious gemstones and other troplate, clad, or fill applications: minerals, provided that the mineral or (1) Surgical steel and other stainless material is not based on lead or lead steel within the designations of Unified compounds and is not associated in na- Numbering System, UNS S13800–S66286, ture with any mineral based on lead or not including the stainless steel des- lead compounds (excluding any mineral ignated as 303Pb (UNS S30360). that is based on lead or lead com- (2) Precious metals: Gold (at least 10 pounds including, but not limited to, karat); sterling silver (at least 925/ the following: aragonite, bayldonite, 1000); platinum; palladium; rhodium; boleite, cerussite, crocoite, galena, osmium; iridium; ruthenium, titanium. linarite, mimetite, phosgenite, vanadinite, and wulfenite). [74 FR 43041, Aug. 26, 2009] (3) Natural or cultured pearls. (4) Wood. § 1500.121 Labeling requirements; (5) Paper and similar materials made prominence, placement, and con- from wood or other cellulosic fiber, in- spicuousness. cluding, but not limited to, paperboard, (a)(1) Background and scope. Section linerboard and medium, and coatings 2(p)(1) of the Federal Hazardous Sub- on such paper which become part of the stances Act (FHSA) or ‘‘the Act’’), 15 substrate. U.S.C. 1261(p)(1), requires that haz- (6) CMYK process printing inks (ex- ardous substances bear certain cau- cluding spot colors, other inks that are tionary statements on their labels. not used in CMYK process, inks that do These statements include: signal not become part of the substrate under words; affirmative statements of the 16 CFR part 1303, and inks used in principal hazard(s) associated with a after-treatment applications, including hazardous substance; the common or screen prints, transfers, decals, or usual name, or chemical name, of the other prints). hazardous substance; the name and (7) Textiles (excluding after-treat- place of business of the manufacturer, ment applications, including screen packer, distributor, or seller; state- prints, transfers, decals, or other ments of precautionary measures to prints) consisting of: follow; instructions, when appropriate, (i) Natural fibers (dyed or undyed) infor special handling and storage; the cluding, but not limited to, cotton, statement ‘‘Keep Out of the Reach of kapok, flax, linen, jute, ramie, hemp, Children’’ or its practical equivalent; 542

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and, when appropriate, first-aid in- or ‘‘CAUTION,’’ as required by sections structions. Section 2(p)(2) of the Act 2(p)(1) (C) or (D) of the Act. specifies that all such statements shall (vii) Statement of principal hazard(s) be located prominently on the label of means that wording descriptive of the such a substance and shall appear in principal or primary hazard(s) associ- conspicuous and legible type in con- ated with a hazardous substance re- trast by typography, layout, or color quired by section 2(p)(1)(E) of the Act. with other printed matter on the label. Some examples of such statements are This regulation contains the Commis- ‘‘HARMFUL OR FATAL IF SWAL- sion’s interpretations and policies for LOWED,’’ ‘‘VAPOR HARMFUL,’’ the type size and placement of cau- ‘‘FLAMMABLE,’’ and ‘‘SKIN AND EYE tionary material on the labels of haz- IRRITANT.’’ ardous substances and contains other (viii) Other cautionary material means criteria for such cautionary statements all labeling statements, other than that are acceptable to the Commission ‘‘signal words’’ or ‘‘statement(s) of prin- as satisfying section 2(p)(2) of the Act. cipal hazard(s),’’ required by the Act or Labels that do not comply with this by regulations issued under the Act. regulation may be considered mis- (b) Prominent label placement. To sat- branded. isfy the requirement of the Act that (2) Definitions. For the purposes of cautionary labeling statements shall this section: appear ‘‘prominently’’ on the label of a (i) Container means the immediate hazardous substance, all such state- package from which a hazardous sub- ments shall be placed on the label as stance may be dispensed and also any follows: article, package or wrapping, such as a (1) Horizontal placement of labeling tube or cone used for a firework or a statements. Except for the name and wet cell battery casing containing sul- place of business of the manufacturer, packer, distributor, or seller, all cau- furic acid, which is necessary for the tionary material required by the Act substance to function during actual shall appear in lines that are generally use. parallel to any base on which the pack- (ii) Cautionary material, cautionary la- age rests as it is designed to be dis- beling, and cautionary labeling required played for sale or, on display panels by the Act mean all items of labeling other than the principal display panel, information required by sections 2(p)(1) in lines generally parallel to all other of the FHSA (repeated in 16 CFR labeling on that panel. This require- 1500.3(b)(14)(i) or by the regulations ment does not apply to labeling on col- which require additional labeling under lapsible tubes, cylindrical containers section 3(b) of the Act. with a narrow diameter, or F-type con- (iii) Display panel means any surface tainers where both the ‘‘front’’ and of the immediate container, and of any ‘‘back’’ of the container are principal outer container or wrapping, which display panels. (See paragraph (e) of bears labeling. this section.) (iv) Principal display panel means the (2) Principal display panel labeling. (i) portion(s) of the surface of the imme- All items of cautionary labeling re- diate container, and of any outer con- quired by the Act may appear on the tainer or wrapping, which bear(s) the principal display panel on the imme- labeling designed to be most promi- diate container and, if appropriate, on nently displayed, shown, presented, or any other container or wrapper. See examined under conditions of retail paragraph (b)(4) of this section for resale. (See paragraph (c)(1) of this sec- quirements and exceptions for labeling tion.) outer containers and wrappings. (v) Type size means the actual height (ii) The signal word, the statement of of the printed image of each upper case principal hazard(s), and, if appropriate, or capital letter as it appears on the instructions to read carefully any cau- label of a hazardous substance. (See tionary material that may be placed paragraph (c)(2) of this section.) elsewhere on the label shall be blocked (vi) Signal word means the appro- together within a square or rectan- priate word ‘‘DANGER,’’ ‘‘WARNING,’’ gular area, with or without a border, 543

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on the principal display panel on the (4) Outer container or wrappings. All immediate container and, where re- cautionary labeling appearing on the quired by paragraph (b)(4) of this sec- immediate container of a hazardous tion, on any outer container or wrap- substance shall also appear on any ping. All cautionary statements placed outer container or wrapping used in on the principal display panel shall be the retail display of the substance, in separated on all sides from other print- the same manner as required for the ed or graphic matter, with the excep- immediate container. Those caution of the declaration of net contents tionary labeling statements appearing required under the Fair Packaging and on the immediate container which are Labeling Act, 15 U.S.C. 1453(a) (2) and clearly legible through any outer con- (3), by a border line or by a space no tainer or wrapper used in retail display smaller than the minimum allowable need not appear on the outer container height of the type size for cautionary or wrapping itself. (See section 2(n)(1) material required by the Act (exclusive of the Act.) of signal words and statements of haz- (5) Placement of the word ‘‘Poison’’ and ard) on the principal display panel. the skull and crossbones symbol. The (iii) Depending on the design of the word ‘‘poison’’ and, when appropriate, package or the configuration of the the skull and crossbones symbol shall label, or both, a package may have appear on the label of a hazardous sub- more than one principal display panel. stance as follows: If so, each principal display panel must (i) If a hazardous substance is highly bear, at a minimum, the signal word, ‘‘ toxic, as defined in § 1500.3(c)(i) and statement of principal hazard or haz- ’’ section 2(h)(1) of the FHSA, the label ards, and, if appropriate, instructions to read carefully any cautionary mate- must bear the word ‘‘poison’’ in accord- rial that may be placed elsewhere on ance with section 2(p)(1)(H) of the Act, the label. in addition to the signal word ‘‘DAN- (A) Where the principal display panel GER,’’ and must also bear the skull and of the immediate container consists of crossbones symbol. Some products, a lid, cap, or other item which may be under § 1500.14(b) of the regulations, separated from the immediate con- may, in addition to any required signal tainer and discarded, the container word, be required to bear the word shall be deemed to have a second prin- ‘‘poison’’ and the skull and crossbones cipal display panel elsewhere on the symbol because of the special hazard immediate container which must bear, associated with their ingredients. In at a minimum, the signal word, state- both instances, the word ‘‘poison’’ and ment of principal hazard(s), and in- the skull and crossbones symbol need structions, if appropriate, to read any not appear on the principal display cautionary material which may be panel on the container, unless all other placed elsewhere on the label. cautionary labeling required by the (3) Prominent label placement—other Act appears on the principal display display panel labeling. All items of cau- panel. The word ‘‘poison’’ and the skull tionary labeling required by the Act and crossbones symbol, when required, which do not appear on the principal must appear either together with other display panel shall be placed together cautionary labeling on a display panel on a display panel elsewhere on the other than the principal display panel container. The name and place of busi- or together with the signal word and ness of the manufacturer, packer, dis- statement(s) of principal hazard on the tributor, or seller may appear sepa- principal display panel. rately on any display panel. Where cau- (ii) Where, pursuant to a regulation tionary material appears on a display issued under section 3(b) of the Act, the panel other than the principal display label of a hazardous substance requires panel, the principal display panel shall the word ‘‘poison’’ instead of a signal bear the statement ‘‘Read carefully word, the word, ‘‘POISON’’ shall appear other cautions on the lll panel,’’ or in capital letters on the principal dis- its practical equivalent. [A description play panel, together with the state- of the location of the other panel is to ment(s) of the principal hazard. Certain be inserted in the blank space.] substances for which the word ‘‘poison’’ 544

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is required instead of any signal word of the product of the height of the con- are listed in § 1500.129. tainer times its circumference. (c) Conspicuousness—type size and (iii) In the case of any other shape of style. To satisfy the requirement that container, the area of the principal dis- cautionary labeling statements under play panel shall be 40 percent of the the Act be conspicuous and legible, total surface of the container, exclud- such statements shall conform to the ing those areas, such as flanges at tops following requirements: and bottoms, specified in paragraph (1) Area of principal display panel. The (c)(1) above. However, if such a con- area of the principal display panel is tainer presents an obvious principal the area of the side or surface of the display panel (such as an oval or hour- immediate container, or of the side or glass shaped area on the side of a con- surface of any outer container or wrap- tainer for dishwashing detergent), the ping, that bears the labeling designed area to be measured shall be the entire to be most prominently displayed, area of the obvious principal display shown, presented, or examined under panel. conditions of retail sale. This area is (2) Type-size requirements. (i) The term not limited to the portion of the sur- type size refers to the height of the ac- face covered with labeling; rather, it tual printed image of each upper case includes the entire surface. Flanges at or capital letter as it appears on the the tops and bottoms of cans, conical label. The size of cautionary labeling shoulders of cans, handles, and shoul- shall be reasonably related to the type ders and necks of bottles and jars are size of any other printing appearing on excluded in measuring the area. For the same panel, but in any case must the purposes of determining the proper meet the minimum size requirements type size for cautionary labeling, the in table 1. area of the principal display panel (or (ii) When an item of labeling is re- other panel bearing cautionary label- quired to be in a specified type size, all ing, under paragraph (c)(2)(ii) of this upper case, or capital, letters must be section) is to be computed as follows: at least equal in height to the required (i) In the case of a rectangular pack- type size, and all other letters must be age, where one entire side is the prin- the same style as the upper case or cipal display panel, the product of the capital letters. Unless otherwise speci- height times the width of that side fied in the regulations (examples ap- shall be the area of the principal dis- pear at §§ 1500.14(b)(6), 1512.19, 1508.9, play panel. and part 1505), the type size of all cau- (ii) In the case of a cylindrical or tionary statements appearing on any nearly cylindrical container or tube on display panel shall comply with the which the principal display panel ap- specifications in table 1 when the area pears on the side, the area of the prin- of the display panel is measured by the cipal display panel shall be 40 percent method in paragraph (c)(1) above:

TABLE I Area of principal display panel in square inches ...... 0–2 >2–5 >5–10 >10–15 >15–30 >30 Type size in inches * ...... Signal word ** ...... 3⁄64 1⁄16 3⁄32 7⁄64 1⁄8 5⁄32 Statement of hazard ...... 3⁄64 3⁄64 1⁄16 3⁄32 3⁄32 7⁄64 Other cautionary material *** ...... 1⁄32 3⁄64 1⁄16 1⁄16 5⁄64 3⁄32 > means ‘‘greater than.’’ * minimum height of printed image of capital or upper case letters. ** including the word ‘‘poison’’ when required instead of a signal word by Section 3(b) of the Act (§ 1500.129). *** size of lettering for other cautionary material is based on the area of the display panel on which such cautionary material appears.

(iii) If all of the required cautionary the same type size as that required in labeling does not appear on the prin- table 1 for the other cautionary mate- cipal display panel, the statement to rial which appears elsewhere on the ‘‘Read carefully other cautions on the label of a hazardous substance. The size lll panel,’’ or its practical equiva- of the cautionary labeling that does lent, must appear in, as a minimum, not appear on the principal display

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panel is determined by the area of the background, dark red letters on a light panel on which it does appear. red background, light red letters on a (3) Type style—proportion. The ratio of reflective silver background, and white the height of a capital or uppercase let- letters on a light gray or tan back- ter to its width shall be such that the ground. height of the letter is no more than 3 (2) Interference with conspicuousness— times its width. labeling design, vignettes, or other printed (4) Signal word and statements of haz- material. For cautionary information ard—capital letters. The signal word, the appearing on panels other than the word ‘‘poison’’ if required instead of a principal display panel, the label de- signal word (see § 1500.129), and the sign, the use of vignettes, or the prox- statement of principal hazard or haz- imity of other labeling or lettering ards shall be in capital letters. shall not be such that any cautionary (5) Multiple statement of hazard—type labeling statement is obscured or ren- size and style. All statements of prin- dered inconspicuous. cipal hazard or hazards on a label shall (e) Collapsible metal tubes. Collapsible appear in the same size and style of metal tubes containing hazardous sub- type, and shall appear in the same stances shall be labeled so that all cau- color or have the same degree of bold- tionary labeling required by the Act ness. appears as close to the dispensing end (6) Accompanying literature containing of the container as possible. The place- directions for use. Where literature ac- ment and conspicuousness of these companying the package of a haz- statements shall conform to the provi- ardous substance has directions for sions of paragraphs (b), (c), and (d) of use, written or otherwise, section 2(n) this section. of the Act requires the literature to (f) Unpackaged hazardous substances. bear cautionary labeling. Where practicable, unpackaged haz- (i) All such cautionary labeling shall ardous substances intended, or distrib- be in reasonable proximity to any di- uted in a form suitable, for use in or rection for use and shall be placed to- around a household or by children shall gether within the same general area. be labeled so that all items of informa- (ii) The type size of such cautionary tion required by the Act appear upon labeling shall be reasonably related to the article itself. In instances where the type size of any other printed mat- this is impracticable (for example, be- ter in the accompanying literature and cause of the size or nature of the arti- must be in conspicuous and legible cle), the required cautionary labeling type by typography, layout, or color must be displayed by means of a tag or with other printed matter on the label. other suitable material that is no less The signal word and statement of prin- than five square inches in area and is cipal hazard or hazards shall appear in securely affixed to the article so that capital letters. the labeling will remain attached (d) Conspicuousness—contrast. To sat- throughout conditions of merchan- isfy the requirement that cautionary dising and distribution to the ultimate labeling statements appear in con- consumer. The placement and conspicuous and legible type which is in spicuousness of all cautionary labeling contrast by typography, layout, or appearing on such a tag or material, or color with the other printed matter on on an unpackaged article, shall con- the label, such statements shall conform to the provisions of paragraphs form to the following requirements: (b), (c), and (d) of this section. For the (1) Color. Where color is the primary purposes of determining the proper method used to achieve appropriate type size to use on a tag or other mate- contrast, the color of any cautionary rial, the area of one side of the tag or labeling statement shall be in sharp other material shall be the area of the contrast with the color of the back- principal display panel. ground upon which such a statement (g) Exemptions. All requirements of appears. Examples of combinations of the Act are satisfied by compliance colors which may not satisfy the re- with this § 1500.121. However, exemp- quirement for sharp contrast are: black tions can be granted under section 3(c) letters on a dark blue or dark green of the Act and § 1500.83, or under the

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provisions of another statute should the information required by section this section be incorporated in regula- 2(p) of the act (repeated in tions under another statute. Section § 1500.3(b)(14)). 1500.82 contains the requirements for exemption requests under the Federal § 1500.126 Substances determined to Hazardous Substances Act. be ‘‘special hazards.’’ (h) Effective date. The provisions of Whenever the Commission deter- this rule apply to hazardous substances mines that for a particular hazardous bearing labels printed after December substance intended or packaged in a 30, 1985. Labels printed prior to the effective date of this rule may be applied form suitable for use in the household until not later than December 28, 1987. or by children, the requirements of sec- This rule applies to all hazardous sub- tion 2(p) of the act (repeated in stances to which labels are applied § 1500.3(b)(14)) are not adequate for the after December 28, 1987. protection of the public health and safety because of some special hazard, [49 FR 50383, Dec. 28, 1984] the Commission, by an appropriate § 1500.122 Deceptive use of dis- order in the FEDERAL REGISTER, shall claimers. specify such reasonable variations or A hazardous substance shall not be additional label requirements that it deemed to have met the requirements finds are necessary for the protection of section 2(p) (1) and (2) of the act (re- of the public health and safety. Such peated in § 1500.3(b)(14) (i) and (ii)) if order shall specify a date that is not there appears in or on the label (or in less than 90 days after the order is pub- any accompanying literature; words, lished (unless emergency conditions statements, designs, or other graphic stated in the order specify an earlier material that in any manner negates date) after which any such hazardous or disclaims any of the label state- substance intended, or packaged in a ments required by the act; for example, form suitable, for use in the household the statement ‘‘Harmless’’ or ‘‘Safe or by children that fails to bear a label around pets’’ on a toxic or irritant sub- in accordance with such order shall be stance. deemed to be a misbranded hazardous substance. § 1500.123 Condensation of label information. § 1500.127 Substances with multiple Whenever the statement of the prin- hazards. cipal hazard or hazards itself provides the precautionary measures to be fol- (a) Any article that presents more lowed or avoided, a clear statement of than one type of hazard (for example, if the principal hazard will satisfy the re- the article is both toxic and flam- quirements of section 2(p)(1) (E) and mable) must be labeled with: An af- (F) of the act (repeated in firmative statement of each such haz- § 1500.3(b)(14)(i) (E) and (F)). When the ard; the precautionary measures de- statement of precautionary measures scribing the action to be followed or in effect provides instruction for first- avoided for each such hazard; instruc- aid treatment, the statement of the tions, when necessary or appropriate, precautionary measures will satisfy for first-aid treatment of persons suf- the requirements of section 2(p)(1) (F) fering from the ill effects that may re- and (G) of the act (repeated in sult from each such hazard; instruc- § 1500.3(b)(14)(i) (F) and (G)). tions for handling and storage of articles that require special care in han- § 1500.125 Labeling requirements for dling and storage because of more than accompanying literature. one type of hazard presented by the ar- When any accompanying literature ticle; and the common or usual name includes or bears any directions for use (or the chemical name if there is no (by printed word, picture, design, or common or usual name) for each haz- combination thereof), such placard, ardous component present in the arti- pamphlet, booklet, book, sign, or other cle. graphic or visual device shall bear all

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(b) Label information referring to the in a concentration of 10 percent or possibility of one hazard may be com- more. bined with parallel information con- (b) Sulfuric acid and any preparation cerning any additional hazards pre- containing free or chemically sented by the article if the resulting unneutralized sulfuric acid (H2 SO4) in condensed statement contains all of a concentration of 10 percent or more. the information needed for dealing (c) Nitric acid or any preparation with each type of hazard presented by containing free or chemically the article. unneutralized nitric acid (HNO3) in a concentration of 5 percent or more. [38 FR 27012, Sept. 27, 1973; 38 FR 30105, Nov. 1, 1973] (d) Carbolic acid (C6 H5 OH), also known as phenol, and any preparation § 1500.128 Label comment. containing carbolic acid in a concentration of 5 percent or more. The Commission will offer informal (e) Oxalic acid and any preparation comment on any proposed label and ac- containing free or chemically companying literature involving a haz- unneutralized oxalic acid (H2 C2 O4) in ardous substance if furnished with: a concentration of 10 percent or more. (a) Complete labeling or proposed la- (f) Any salt of oxalic acid and any beling, which may be in draft form. preparation containing any such salt in (b) Complete quantitative formula. a concentration of 10 percent or more. (c) Adequate clinical pharma- (g) Acetic acid or any preparation cological, toxicological, physical, and containing free or chemically chemical data applicable to the pos- unneutralized acetic acid (HC2 H2 O2) in sible hazard of the substance. a concentration of 20 percent or more. (d) Any other information available (h) Hypochlorous acid, either free or that would facilitate preparation of a combined, and any preparation con- suitable label, such as complaints of taining the same in a concentration injuries resulting from the product’s that will yield 10 percent or more by use or other evidence that would fur- weight of available chlorine. nish human-experience data. (i) Potassium hydroxide and any preparation containing free or chemi- § 1500.129 Substances named in the cally unneutralized potassium hydrox- Federal Caustic Poison Act. ide (KOH), including caustic potash and The Commission finds that for those vienna paste (vienna caustic), in a con- substances covered by the Federal centration of 10 percent or more. Caustic Poison Act (44 Stat. 1406), the (j) Sodium hydroxide and any prepa- requirements of section 2(p)(1) of the ration containing free or chemically Federal Hazardous Substances Act (re- unneutralized sodium hydroxide peated in § 1500.3(b)(14)(i)) are not ade- (NaOH), including caustic soda and lye quate for the protection of the public in a concentration of 10 percent or health. Labeling for those substances, more. in the concentrations listed in the Fed- (k) Silver nitrate, sometimes known eral Caustic Poison Act, were required as lunar caustic, and any preparation to bear the signal word ‘‘poison.’’ The containing silver nitrate (AgNO3) in a Commission concludes that the lack of concentration of 5 percent or more. the designation ‘‘poison’’ would indicate (l) Ammonia water and any prepara- to the consumer a lesser hazard and tion containing free or chemically that such would not be in the interest uncombined ammonia (NH3), including of the public health. Under the author- ammonium hydroxide and ‘‘hartshorn,’’ ity granted in section 3(b) of the act, in a concentration of 5 percent or the Commission therefore finds that more. for the following substances, and at the following concentrations, the word § 1500.130 Self-pressurized containers: ‘‘poison’’ is necessary instead of any sig- labeling. nal word: (a) Self-pressurized containers that (a) Hydrochloric acid and any prepa- fail to bear a warning statement ade- ration containing free or chemically quate for the protection of the public unneutralized hydrochloric acid (HCl) health and safety may be misbranded

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under the act, except as otherwise pro- caused by the extreme flammability of vided pursuant to section 3 of the act. the mixture: (b) The following warning statement will be considered as meeting the re- DANGER quirements of section 2(p)(1) of the act EXTREMELY FLAMMABLE (repeated in § 1500.3(b)(14)(i)) if the only hazard associated with an article is VAPORS MAY CAUSE FLASH FIRE that the contents are under pressure: Vapors may ignite explosively. Prevent buildup of vapors—open all win- WARNING—CONTENTS UNDER PRESSURE dows and doors—use only with cross-ventilation. Do not puncture or incinerate container. Keep away from heat, sparks, and open Do not expose to heat or store at tempera- flame. tures above 120 °F. Keep out of the reach of Do not smoke, extinguish all flames and children. pilot lights, and turn off stoves, heaters, The word ‘‘CAUTION’’ may be sub- electric motors, and other sources of ignition stituted for the word ‘‘WARNING’’. A during use and until all vapors are gone. practical equivalent may be sub- Close container after use. stituted for the statement ‘‘Keep out of Keep out of the reach of children. the reach of children.’’ (c) The words that are in capital let- (c) That portion of the warning state- ters in the warning statement set forth ment set forth in paragraph (b) of this in paragraph (b) of this section should section in capital letters should be be printed on the main (front) panel or printed on the main (front) panel of the panels of the container in capital let- container in capital letters of the type ters of the type size specified in size specified in § 1500.121(c). The bal- § 1500.121(c). The balance of the cau- ance of the cautionary statements may tionary information may appear to- appear together on another panel if the gether on another panel provided the front panel also bears a statement such front panel bears a statement such as as ‘‘Read carefully other cautions on ‘‘Read carefully other cautions on lllll panel.’’ lll panel,’’ the blank being filled in (d) If an article has additional haz- with the identification of the specific ards, such as skin or eye irritancy, tox- label panel bearing the balance of the icity, or flammability, appropriate ad- cautionary labeling. It is recommended ditional front and rear panel pre- that a borderline be used in conjunc- cautionary labeling is required. tion with the cautionary labeling. (d) If an article has additional haz- § 1500.133 Extremely flammable con- ards, or contains ingredients listed in tact adhesives; labeling. § 1500.14 as requiring special labeling, appropriate additional front and rear (a) Extremely flammable contact ad- panel precautionary labeling is re- hesives, also known as contact bonding quired. cements, when distributed in containers intended or suitable for house- (e) Since the Commission has issued hold use may be misbranded under the a regulation banning under the Con- act if the containers fail to bear a sumer Product Safety Act extremely warning statement adequate for the flammable contact adhesives covered protection of the public health and by this labeling regulation (sec. 16 CFR safety. part 1302), paragraphs (a), (b), (c) and (d) of this section are revoked as to the (b) The following warning statement subject products after June 13, 1978. is considered as the minimum cautionary labeling adequate to meet the [38 FR 27012, Sept. 27, 1973, as amended at 42 requirements of section 2(p)(1) of the FR 63742, Dec. 19, 1977] act (repeated in § 1500.3(b)(14)(i)) with respect to containers of more than one- § 1500.134 Policy on first aid labeling half pint of contact adhesive and simi- for saline emesis. lar liquid or semiliquid articles having (a) This section states the Consumer a flashpoint at or below 20 °F. as deter- Product Safety Commission’s policy mined by the method in § 1500.43, when concerning first aid instructions for the only hazard foreseeable is that the use of a salt solution to induce

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vomiting (saline emesis) in the event of sions are intended to help clarify the ingestion of hazardous substances. complex issues involved in assessing (b) In many cases where hazardous risk from substances that may poten- substances are ingested, the rec- tially cause chronic hazards and, where ommended first aid instructions for in- possible, to describe conditions under ducing vomiting have contained a which substances should be considered statement that this should be accom- toxic due to a risk of the specified plished by drinking a solution of salt chronic hazards. The guidelines are not (sodium chloride) in warm water. At intended to be a static classification one time, this direction was considered system, but should be considered along medically acceptable. However, the with available data and with expert Commission has obtained information judgment. They are not mandatory. showing that the instruction to per- Rather, the guidelines are intended as form saline emesis is no longer appro- an aid to manufacturers in determining priate. This is because the use of salt whether a product subject to the FHSA to induce vomiting can cause severe presents a chronic hazard. All default hypernatremia (salt poisoning) with assumptions contained in the guide- potentially toxic effects, particularly lines on hazard and risk determination in children 5 years old or younger, the are subject to replacement when alter- age group most often involved in acci- natives which are supported by appro- dental poisonings. In view of the avail- priate data become available. The fol- ability of safer and more effective lowing are brief summaries of more ex- emetics such as ipecac syrup, the Com- tensive discussions contained in the mission no longer recommends a direc- guidelines. Thus, the guidelines should tion to perform saline emesis as a first be consulted in conjunction with these aid direction for inducing vomiting. summaries. Copies of the guidelines (c) The Commission believes that, for may be obtained from the Office of products for which directions for saline Compliance and Enforcement, Con- emesis have been given in the past, ipe- sumer Product Safety Commission, cac syrup, U.S.P., is the most appro- Washington, DC 20207. (In addition to priate emetic, unless a particular con- the chronic hazards discussed below, traindication exists in connection with issues relating to the chronic hazard of any particular hazardous substance. sensitization are discussed in 16 CFR (d) The Commission wishes to empha- 1500.3(c)(5).) size that this policy does not require that any specific first aid instruction (a) Carcinogenicity. Substances are or wording be used. Where appropriate, toxic by reason of their potential car- the label may include directions (1) cinogenicity in humans when they are that the victim immediately contact a known or probable human carcinogenic doctor or poison control center and/or substances as defined below. Sub- (2) that vomiting be induced using stances that are possible human car- methods other than salt. It is, of cinogenic substances or for which there course, the manufacturer’s responsi- is no evidence of carcinogenic effect bility to insure that the label provides under the following categories lack enough information in addition to first sufficient evidence to be considered aid instructions to fulfill all other la- toxic by virtue of their potential car- beling required by statute or regula- cinogenicity. tion. (1) Known Human carcinogenic Sub- stances (‘‘sufficient evidence’’ in humans). (Sec. 30(a), 86 Stat. 1231 (15 U.S.C. 2079(a))) Substances are toxic by reason of their [43 FR 33704, Aug. 1, 1978] carcinogenicity when they meet the ‘‘sufficient evidence’’ criteria of car- § 1500.135 Summary of guidelines for cinogenicity from studies in humans, determining chronic toxicity. which require that a causal relation- A substance may be toxic due to a ship between exposure to an agent and risk of a chronic hazard. (A regulatory cancer be established. This category is definition of ‘‘toxic’’ that pertains to similar to the Environmental Protec- chronic toxicity may be found at 16 tion Agency’s (EPA) Group A, the CFR 1500.3(c)(2).) The following discus- International Agency for Research on

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Cancer’s (IARC) Group 1, or the Amer- been found to elicit a statistically sig- ican National Standards Institute’s nificant (p <0.05) exposure-related in- (ANSI) Category 1. A causal relation- crease in the incidence of malignant ship is established if one or more epide- tumors, combined malignant and be- miological investigations that meet nign tumors, or benign tumors if there the following criteria show an associa- is an indication of the ability of such tion between cancer and exposure to benign tumors to progress to malig- the agent. nancy: (i) No identified bias that can ac- (A) In one or both sexes of multiple count for the observed association has species, strains, or sites of independent been found on evaluation of the evi- origin; or experiments using different dence. routes of administration or dose levels; (ii) All possible confounding factors or which could account for the observed (B) To an unusual degree in a single association can be ruled out with rea- experiment (one species/strain/sex) sonable confidence. with regard to unusual tumor type, un- (iii) Based on statistical analysis, the usual tumor site, or early age at onset association has been shown unlikely to of the tumor. be due to chance. (2) Probable Human Carcinogenic Sub- The presence of positive effects in stances. Substances are also toxic by short-term tests, dose-response effects reason of their probable carcino- data, or structure-activity relationship genicity when they meet the ‘‘limited are considered additional evidence. evidence’’ criteria of carcinogenicity in (3) Possible Human Carcinogenic Sub- humans or the ‘‘sufficient evidence’’ cri- stance (‘‘limited evidence’’ animal car- teria of carcinogenicity in animals de- cinogen). In the absence of ‘‘sufficient’’ scribed below. This category is similar or ‘‘limited’’ human data, agents with to EPA’s Group B, IARC’s Group 2, or ‘‘limited’’ evidence of carcinogenicity ANSI’s Categories 2 and 3. Evidence de- from animal studies fall into this cat- rived from animal studies that has egory. Such substances, and those that been shown not to be relevant to hu- do not fall into any other group, are mans is not included. For example, not considered ‘‘toxic.’’ This does not such evidence would result when there imply that the substances are or are was an identified mechanism of action not carcinogens, only that the evidence for a chemical that causes cancer in is too uncertain to provide for a deter- animals that has been shown not to mination. This category is similar to apply to the human situation. It is rea- EPA’s Group C, IARC’s Group 3, or sonable, for practical purposes, to re- ANSI’s category 4. gard an agent for which there is ‘‘suffi- (b) Neurotoxicity. Substances are toxic cient’’ evidence of carcinogenicity in by reason of their potential animals as if it presented a carcino- neurotoxicity in humans when they genic risk to humans. meet the ‘‘sufficient evidence’’ or ‘‘lim- (i) ‘‘Limited evidence’’ of carcinogenicity ited evidence’’ criteria of neurotoxicity in humans. The evidence is considered in humans, or when they meet the limited for establishing a causal rela- ‘‘sufficient evidence’’ criteria of tionship between exposure to the agent neurotoxicity in animals. and cancer when a causal interpreta- (1) Known Neurotoxic Substances (‘‘suf- tion is credible, but chance, bias, or ficient evidence in humans’’). Substances other confounding factors could not be are toxic by reason of their ruled out with reasonable confidence. neurotoxicity and are considered (ii) ‘‘Sufficient evidence’’ of carcino- ‘‘known neurotoxic substances’’ when genicity in animals. Sufficient evidence they meet the ‘‘sufficient evidence’’ cri- of carcinogenicity requires that the teria of neurotoxicity derived from substance has been tested in well-de- studies in humans which require that a signed and -conducted studies (e.g., as causal association between exposure to conducted by National Toxicology Pro- an agent and neurotoxicity be estab- gram (NTP), or consistent with the Of- lished with a reasonable degree of cer- fice of Science Technology Assessment tainty. Substances in this category and Policy (OSTP) guidelines) and has meet the definition of ‘‘neurotoxic’’ as 551

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stated above. ‘‘Sufficient evidence,’’ de- ferent routes of administration and rived from human studies, for a causal dose-levels. association between exposure to a (3) Possible Neurotoxic Substances. chemical and neurotoxicity is consid- ‘‘Possible neurotoxic substances’’ are ered to exist if the studies meet the fol- the substances which meet the ‘‘limited lowing criteria. evidence’’ criteria of neurotoxicity evi- (i) A consistent pattern of neuro- dence derived from animal studies in logical dysfunction is observed. the absence of human data, or in the (ii) The adverse effects/lesions ac- presence of inadequate human data, or count for the neurobehavioral dysfunc- data which do not fall into any other tion with reasonable certainty. group. Substances in this category are (iii) All identifiable bias and con- not considered ‘‘toxic.’’ founding factors are reasonably dis- (c) Developmental and Reproductive counted after consideration. Toxicity—(1) Definitions of ‘‘Sufficient’’ (iv) The association has been shown and ‘‘Limited’’ Evidence. The following unlikely to be due to chance, based on definitions apply to all categories stat- statistical analysis. ed below. (2) Probable Neurotoxic Substances. (i) ‘‘Sufficient evidence’’ from human Substances are also toxic by reason of studies for a causal association be- their probable neurotoxicity when they tween human exposure and the subse- meet the ‘‘limited evidence’’ criteria of quent occurrence of developmental or neurotoxicity in humans, or the ‘‘suffi- reproductive toxicity is considered to cient evidence’’ criteria derived from exist if the studies meet the following animal studies. Evidence derived from criteria: animal studies that has been shown not (A) No identified bias that can ac- to be relevant to humans is not in- count for the observed association has cluded. Such evidence would result, for been found on evaluation of the evi- example, when there was an identified dence. mechanism of action for a chemical that causes neurotoxicity in animals (B) All possible confounding factors that has been shown not to apply to which could account for the observed the human situation. association can be ruled out with reasonable confidence. (i) ‘‘Limited evidence’’ of neurotoxicity in humans. The evidence derived from (C) Based on statistical analysis, the human studies is considered limited for association has been shown unlikely to neurotoxicity when the evidence is less be due to chance. than convincing, i.e., one of the cri- (ii) ‘‘Limited evidence’’ from human teria of ‘‘sufficient evidence’’ of studies exists when the human epide- neurotoxicity for establishing a causal miology meets all but one of the cri- association between exposure to the teria for ‘‘sufficient evidence’’; i.e., the agent and neurotoxicity is not met, statistical evidence is borderline as op- leaving some uncertainties in estab- posed to clear-cut, there is a source of lishing a causal association. bias, or there are confounding factors (ii) ‘‘Sufficient evidence’’ of that have not been and cannot be ac- neurotoxicity in animals. Sufficient evi- counted for. dence of neurotoxicity derived from (iii) ‘‘Sufficient evidence’’ from ani- animal studies for a causal association mal studies exists when between exposure to a chemical and (A) Obtained from a good quality ani- neurotoxicity requires that: mal study; and (A) The substance has been tested in (B) The substance has been found to well-designed and -conducted studies elicit a statistically significant (p<0.05) (e.g., NTP’s neurobehavioral battery, treatment-related increase in multiple or conforming to EPA’s neurotoxicity endpoints in a single species/strain, or test guidelines); and in the incidence of a single endpoint at (B) The substance has been found to multiple dose levels or with multiple elicit a statistically significant (p routes of administration in a single <0.05) increase in any neurotoxic effect species/strain, or increase in the inci- in one or both sexes of multiple spe- dence of a single endpoint in multiple cies, strains, or experiments using dif- species/strains/ experiments.

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(iv) ‘‘Limited evidence’’ from animal human exposure and the subsequent oc- studies exists when: currence of developmental toxicity (A) Obtained from a good quality manifested by death of the conceptus study and there is a statistically sig- (embryo or fetus), or structural or nificant (p<0.05) treatment-related in- functional birth defects. This category crease in the incidence of a single end- (Human Developmental Toxicant) is point in a single species/strain/experi- comparable to category 1 of the EEC ment at a single dose level adminis- and categories D and X of FDA, except tered through only one route and such that these guidelines are limited to evidence otherwise does not meet the teratogens. This category is also com- criteria for ‘‘sufficient evidence’’; or parable to the category ‘‘definitive evi- (B) The evidence is derived from dence for human developmental tox- studies which can be interpreted to icity’’ proposed by EPA. show positive effects but have some (ii) Probable Human Developmental qualitative or quantitative limitations Toxicant. A substance is considered a with respect to experimental proce- ‘‘probable human developmental toxi- dures (e.g., doses, exposure, follow-up, cant’’ if there is ‘‘limited’’ human evi- number of animals/group, reporting of dence or ‘‘sufficient’’ animal evidence to the data, etc.) which would prevent establish a causal association between classification of the evidence in the human exposure and subsequent occur- group of ‘‘sufficient evidence.’’ rence of developmental toxicity. This (2) Developmental Toxicants. Sub- group (Probable Human Developmental stances are toxic by reason of their po- Toxicant) is comparable to the cat- tential developmental or reproductive egory ‘‘adequate evidence for human toxicity when they meet the ‘‘sufficient developmental toxicity’’ proposed by evidence’’ or ‘‘limited evidence’’ criteria EPA. This category is also comparable of developmental or reproductive tox- to category 2 of the EEC and category icity in humans, or when they meet the A1 of FDA, except that these guidelines ‘‘sufficient evidence’’ criteria of devel- are limited to teratogens. opmental or reproductive toxicity in (iii) Possible Human Developmental animals. The Food and Drug Adminis- Toxicant. A substance is considered a tration (FDA) and the European Eco- ‘‘possible human developmental toxi- nomic Community (EEC) have devel- cant’’ if there is ‘‘limited’’ animal evi- oped categories for teratogens but not dence, in the absence of human data, or other developmental toxicants. The in the presence of inadequate human teratogen guidelines limit the informa- data, or which does not fall into any tion only to structural birth defects other group, to establish a causal asso- and do not include other hazards of de- ciation between human exposure and velopmental toxicity such as subsequent occurrence of develop- embryonal death, fetal death, or func- mental toxicity. EEC, FDA, and EPA tional deficiencies which are also im- have not developed a category com- portant in assessing the overall tox- parable to this group. The Commission icity of a substance when administered believes that data from well planned during pregnancy. Recently, EPA has animal studies are important to con- proposed a system for classifying de- sider even though they may provide velopmental toxicity. The Occupa- only limited evidence of developmental tional Safety and Health Administra- toxicity. tion (OSHA) has not yet developed any (3) Male Reproductive Toxicants. Male classification for developmental tox- reproductive toxicants can be grouped icity. The commission has established into the following different categories the following categories for determina- based on evidence obtained from tion of developmental toxicity accord- human or animal studies. ing to the available evidence. (i) Known Human Male Reproductive (i) Known Human Developmental Toxi- Toxicant. A substance is considered a cant (‘‘sufficient evidence in humans’’). A ‘‘known human male reproductive toxi- substance is considered a ‘‘known cant’’ if there is ‘‘sufficient’’ human evi- human developmental toxicant’’ if dence to establish a causal association there is ‘‘sufficient’’ human evidence to between human exposure and the ad- establish a causal association between verse effects on male reproductive

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main endpoints which are mating abil- toxicant’’ if there is ‘‘sufficient’’ human ity, fertility, and prenatal and post- evidence to establish a causal associa- natal development of the conceptus. tion between human exposure and ad- This category is comparable to the one verse effects on female reproductive termed ‘‘Known Positive’’ in the EPA function such as mating ability, fer- guidelines on male reproductive risk tility, and prenatal and postnatal de- assessment. velopment of the conceptus. (ii) Probable Human Male Reproductive (ii) Probable Human Female Reproduc- Toxicant. A substance is considered a tive Toxicant. A substance is considered ‘‘probable human male reproductive a ‘‘probable human female reproductive toxicant’’ if there is ‘‘limited’’ human toxicant’’ if there is ‘‘limited’’ human evidence or ‘‘sufficient’’ animal evi- evidence or ‘‘sufficient’’ animal evidence to establish a causal association dence to establish a causal association between human exposure and the ad- between human exposure and adverse verse effects on male reproductive effects on female reproductive func- main endpoints. This category is com- tion. parable to the one termed ‘‘Probable (iii) Possible Human Female Reproduc- Positive’’ in the EPA guidelines on tive Toxicant. A substance is considered male reproductive risk assessment. a ‘‘possible human female reproductive However, the EPA category is based toxicant’’ if there is ‘‘limited’’ animal only on sufficient animal evidence. evidence, in the absence of human CPSC believes that limited human evi- data, or in the presence of inadequate dence is also sufficient for a chemical human data, or which does not fall into to be placed in this category. any other group, to establish a causal (iii) Possible Human Male Reproductive association between human exposure Toxicant. A substance is considered a and adverse effects on female reproduc- ‘‘possible human male reproductive tive function. toxicant’’ if there is limited animal evidence, in the absence of human data, or (d) Other Subjects Related to the Deter- in the presence of inadequate human mination that a Substance is Toxic. data, or which does not fall into any Under the FHSA, for a toxic substance other group, to establish a causal asso- to be considered hazardous, it must not ciation between human exposure and only have the potential to be hazardous adverse effects on male reproductive but there must also be the potential main endpoints. This category is com- that persons are exposed to the sub- parable to the one termed ‘‘Possible stance, that the substance can enter Positive A’’ in the EPA guidelines on the body, and that there is a signifi- male reproductive risk assessment. cant risk of an adverse health effect as- EPA proposes to use either limited sociated with the customary handling human or limited animal evidence data and use of the substance. Under these to classify a toxicant as a ‘‘Possible guidelines, existence of an adverse Positive A’’ toxicant. As described health effect means that such exposure above, CPSC would elevate limited is above the ‘‘acceptable daily intake’’ human evidence to the category ‘‘Prob- (‘‘ADI’’). The ADI is based on the risks able Human Male Reproductive Toxi- posed by the substance, and whether cant.’’ they are acceptable under the FHSA. (4) Female Reproductive Toxicants. Fe- This section addresses those issues by male reproductive toxicants can be providing guidelines concerning assess- grouped into the following different ment of exposure, assessment of bio- categories based on evidence obtained availability, determination of accept- from human or animal studies. EPA able risks and the ADI to children and has proposed guidelines for assessing adults, and assessment of risk. female reproductive risk but has not (1) Assessment of Exposure. An expo- yet proposed a specific system for cat- sure assessment may comprise a single egorization of female reproductive exposure scenario or a distribution of toxicants. exposures. Reasonably foreseeable use, (i) Known Human Female Reproductive as well as accidental exposure, should Toxicant. A substance is considered a be taken into consideration when de- ‘‘known human female reproductive signing exposure studies. The following 554

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guidelines should be used in the assess- may involve experiments measuring ment of exposure. the amount of material leached from a (i) Inhalation. Inhalation studies to product contacting a liquid layer which assess exposure should be reliable stud- interfaces with the skin, or the amount ies using direct monitoring of popu- of substance which migrates from a lations, predictions of exposure product (in solid or liquid form) which through modeling, or surrogate data. is in contact with the skin. (A) Direct Monitoring. Populations to (B) Parameters to be considered in- be monitored should be selected ran- clude: Surface area of the skin con- domly to be representative of the gen- tacted, duration of contact, frequency eral population, unless the exposure of of contact, and thickness of a liquid a particular subset population is the interfacial layer. desired goal of the assessment. The (2) Assessment of Bioavailability. (i) monitoring technique should be appro- The need to consider bioavailability in priate for the health effect of interest. estimating the risk from use of a prod- (B) Modeling. Predictions of exposure uct containing a toxic substance only to a chemical using mathematical arises when it is anticipated that the models can be based on physical and absorption characteristics of a sub- chemical principles, such as mass bal- stance to which there is human expo- ance principles. Mass balance models sure will differ from those characteris- should consider the source strength of tics for the substance tested in the the product of interest, housing char- studies used to define the dose-response acteristics, and ambient conditions relationship. likely to be encountered by the studied (ii) In determining the need to assess population. bioavailability, the factors to be exam- (C) Surrogate Data. Surrogate data ined include: should only be used when data con- (A) The physical or chemical form of cerning the chemical of interest are the substance, sparse or unavailable and when there is (B) The route of exposure (inhalation, a reasonable assurance that the surro- ingestion, or through the skin), gate data will accurately represent the (C) The presence of other constitu- chemical of interest. ents in the product which interfere (ii) Oral Ingestion. Oral ingestion with or alter absorption of the toxic studies may involve direct monitoring substance, and of sources of chemicals as well as lab- (D) Dose. oratory simulations. The estimation of (3) Assessment of Risk. This section on exposure from ingestion of chemicals quantitative risk assessment applies to present in consumer products is pre- estimates of risk for substances that dicted based upon estimates of use of are toxic by reason of their carcino- the product and absorption of the genicity. chemical from the gastrointestinal (i) Generally, the study leading to tract. The following criteria should be the highest risk should be used in the established for laboratory simulations risk assessment; however, other factors to estimate exposure: may influence the choice of study. (A) A simulant or range of simulants (ii) Risk should be based on the max- should be carefully selected to mimic imum likelihood estimate from a the possible range of conditions which multistage model (such as Global83 or occur in humans, such as full and later version) unless the maximum empty stomachs, or various saliva likelihood estimate is not linear at low compositions at different times of the dose, in which case the 95% upper con- day. fidence limit on risk should be used. (B) The mechanical action to which a (iii) For systemic carcinogens, if esti- product is submitted must be chosen to mates of human risk are made based on represent some range of realistic condi- animal data, a factor derived from ditions to which a human may subject viding the assumed human weight (70 the product. kg) by the average animal weight dur- (iii) Dermal Exposure. (A) Dermal ex- ing the study and taking that to the 1⁄3 posure involves estimating the amount power should be used. There is the pos- of substance contacting the skin. This sibility that this factor may be

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changed, using the 1⁄4 power instead of determined, a safety factor of one the 1⁄3 power, as part of a unified Fed- thousand will be applied to the lowest eral regulatory approach. If such an ap- LOEL. Both the NOEL and LOEL are proach is adopted, it will apply here. defined in terms of daily dose level. (iv) When dose is expressed as parts [57 FR 46665, Oct. 9, 1992] per million, and the carcinogen acts at the site of contact, humans and ani- § 1500.210 Responsibility. mals exposed to the same amount for The provisions of these regulations the same proportion of lifetime should (16 CFR subchapter C of chapter II) be assumed to be equally sensitive. with respect to the doing of any act (v) If no experimental study having shall be applicable also to the causing the same route of exposure as that an- of such act to be done. ticipated for human use of a substance is available, a study by another route § 1500.211 Guaranty. of exposure may be used. Pharmaco- kinetic methods may be used if suffi- In the case of the giving of a guar- cient data are available. anty or undertaking referred to in sec- (vi) When exposure scenarios are dif- tion 5(b)(2) of the act, each person sign- ferent from those used in the under- ing such guaranty or undertaking, or lying study upon which estimates of causing it to be signed, shall be consid- risk are based, proportionality should ered to have given it. Each person be applied. If pharmacokinetic methods causing a guaranty or undertaking to are used to adjust for risks at high be false is chargeable with violations of versus low exposure levels, level-time section 4(d) of the act. measures should not be combined with- § 1500.212 Definition of guaranty; sug- out taking the non-linearity into ac- gested forms. count. (a) A guaranty or undertaking re- (4) Acceptable Risks—(i) ADI for Car- ferred to in section 5(b)(2) of the act cinogens. The maximum acceptable may be: daily intake (‘‘ADI’’) is that exposure of (1) Limited to a specific shipment or a toxic (by virtue of its carcino- other delivery of an article, in which genicity) substance that is estimated case it may be a part of or attached to to lead to a lifetime excess risk of one the invoice or bill of sale covering such in a million. Exposure refers to the an- shipment of delivery; or ticipated exposure from normal life- (2) General and continuing, in which time use of the product, including use case, in its application to any shipment as a child as well as use as an adult. or other delivery of an article, it shall (ii) ADI for Neurotoxicological and De- be considered to have been given at the velopmental/Reproductive Agents. Due to date such article was shipped or deliv- the difficulties in using a numerical ered, or caused to be shipped or deliv- risk assessment method to determine ered, by the person who gives the guar- risk for neurotoxicological or develop- anty of undertaking. mental/reproductive toxicants, the (b) The following are suggested forms Commission is using a safety factor ap- of guaranty or undertaking referred to proach, as explained below. in section 5(b)(2) of the act. (1) Limited (A) Human Data. If the hazard is form for use on invoice or bill of sale. ascertained from human data, a safety factor of ten will be applied to the low- (Name of person giving the guaranty or un- est No Observed Effect Level (‘‘NOEL’’) dertaking) seen among the relevant studies. If no hereby guarantees that no article listed NOEL can be determined, a safety fac- herein is misbranded within the meaning of the Federal Hazardous Substances Act. tor of 100 will be applied to the Lowest (Signature and post-office address of person Observed Effect Level (‘‘LOEL’’). Both giving the guaranty or undertaking) the NOEL and LOEL are defined in terms of daily dose level. (2) General and continuing forms. (B) Animal Data. If the hazard is The article comprising each shipment or ascertained from animal data, a safety other delivery hereafter made by lllll factor of one hundred will be applied to (Name of person giving the guaranty or un- the lowest NOEL. If no NOEL can be dertaking)

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to, or on the order of llllllllll such sample was collected was intro- (Name and post-office address of person to duced or delivered for introduction into whom the guaranty or undertaking is interstate commerce, or was in or was given) received in interstate commerce, or is hereby guaranteed, as of the date of such was manufactured within a Territory shipment or delivery, to be, on such date, not organized with a legislative body. not misbranded within the meaning of the Federal Hazardous Substances Act. Only samples so designated by an offi- (Signature and post-office address of person cer or employee of the Commission giving the guaranty or undertaking) shall be considered to be official samples: (c) The application of a guaranty or (a) For the purpose of determining undertaking referred to in section whether or not a sample is collected for 5(b)(2) of the act to any shipment or analysis, the term ‘‘analysis’’ includes other delivery of an article shall expire examinations and tests. when such article, after shipment or (b) The owner of a hazardous sub- delivery by the person who gave such stance of which an official sample is guaranty or undertaking, becomes mis- collected is the person who owns the branded within the meaning of the act. shipment or other lot of the article § 1500.213 Presentation of views under from which the sample is collected. section 7 of the act. § 1500.230 Guidance for lead (Pb) in (a) Presentation of views under sec- consumer products. tion 7 of the act shall be private and in- (a) Summary. (1) The U.S. Consumer formal. The views presented shall be Product Safety Commission issues this confined to matters relevant to the guidance to manufacturers, importers, contemplated proceeding. Such views distributors, and retailers to protect may be presented by letter or in person children from hazardous exposure to by the person to whom the notice was lead in consumer products. 1 The Com- given, or by his representative. In case mission identifies the major factors such person holds a guaranty or under- that it considers when evaluating prod- taking referred to in section 5(b)(2) of ucts that contain lead, and informs the the act applicable to the article on public of its experience with products which such notice was based, such that have exposed children to poten- guaranty or undertaking, or a verified tially hazardous amounts of lead. copy thereof, shall be made a part of (2) To reduce the risk of hazardous such presentation of views. exposure to lead, the Commission re- (b) Upon request, reasonably made, quests manufacturers to eliminate the by the person to whom a notice ap- use of lead that may be accessible to pointing a time and place for the pres- children from products used in or entation of views under section 7 of the around households, schools, or in recre- act has been given, or by his represent- ation. The Commission also rec- ative, such time or place, or both such ommends that, before purchasing prod- time and place, may be changed if the ucts for resale, importers, distributors, request states reasonable grounds and retailers obtain assurances from therefor. Such request shall be ad- manufacturers that those products do dressed to the office of the Consumer not contain lead that may be accessible Product Safety Commission that issued to children. the notice. (b) Hazard. Young children are most § 1500.214 Examinations and investiga- commonly exposed to lead in consumer tions; samples. products from the direct mouthing of objects, or from handling such objects When any officer or employee of the and subsequent hand-to-mouth activ- Commission collects a sample of a haz- ity. The specific type and frequency of ardous substance for analysis under the act, the sample shall be designated as 1 an official sample if records or other This guidance is not a rule. It is intended to highlight certain obligations under the evidence is obtained by him or any Federal Hazardous Substances Act. Compa- other officer or employee of the Com- nies should read that Act and the accom- mission indicating that the shipment panying regulations in this part for more de- or other lot of the article from which tailed information.

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behavior that a child exposed to a prod- the most commonly-recognized sources uct will exhibit depends on the age of of lead poisoning among the products the child and the characteristics and within the Commission’s jurisdiction. pattern of use of the product. The ad- The Commission has, by regulation, verse health effects of lead poisoning in banned paint and other similar surface children are well-documented and may coatings that contain more than 0.06% have long-lasting or permanent con- lead (‘‘lead-containing paint’’), toys and sequences. These effects include neuro- other articles intended for use by chil- logical damage, delayed mental and dren that bear lead-containing paint, physical development, attention and and furniture articles for consumer use learning deficiencies, and hearing prob- that bear lead-containing paint. 16 CFR lems. Because lead accumulates in the part 1303. In recent years, however, the body, even exposures to small amounts Commission staff has identified a num- of lead can contribute to the overall ber of disparate products—some in- level of lead in the blood and to the tended for use by children and others subsequent risk of adverse health ef- simply used in or around the household fects. Therefore, any unnecessary expo- or in recreation—that presented a risk sure of children to lead should be of lead poisoning from sources other avoided. The scientific community gen- than paint. These products included erally recognizes a level of 10 vinyl miniblinds, crayons, figurines micrograms of lead per deciliter of used as game pieces, and children’s blood as a threshold level of concern jewelry. with respect to lead poisoning. To (3) In several of these cases, the avoid exceeding that level, young chil- staff’s determination that the products dren should not chronically ingest presented a risk of lead poisoning re- more than 15 micrograms of lead per sulted in recalls or in the replacement day from consumer products. of those products with substitutes, in (c) Guidance. (1) Under the Federal addition to an agreement to dis- Hazardous Substances Act (FHSA), 15 continue the use of lead in future pro- U.S.C. 1261(f)(1), household products duction. The Commission believes that, that expose children to hazardous had the manufacturers of these lead- quantities of lead under reasonably containing products acted with pru- foreseeable conditions of handling or dence and foresight before introducing use are ‘‘hazardous substances.’’ A the products into commerce, they household product that is not intended would not have used lead at all. This in for children but which creates such a turn would have eliminated both the risk of injury because it contains lead risk to young children and the costs requires precautionary labeling under and other consequences associated with the Act. 15 U.S.C. 1261(p). A toy or the corrective actions. other article intended for use by chil- (4) The Commission urges manufac- dren which contains a hazardous turers to eliminate lead in consumer amount of lead that is accessible for products to avoid similar occurrences children to ingest is a banned haz- in the future. However, to avoid the ardous substance. 15 U.S.C. possibility of a Commission enforce- 1261(q)(1)(B). In evaluating the poten- ment action, a manufacturer who be- tial hazard associated with products lieves it necessary to use lead in a con- that contain lead, the Commission sumer product should perform the req- staff considers these major factors on a uisite analysis before distribution to case-by-case basis: the total amount of determine whether the exposure to lead lead contained in a product, the bio- causes the product to be a ‘‘hazardous availability of the lead, the accessi- substance.’’ If the product is a haz- bility of the lead to children, the age ardous substance and is also a chil- and foreseeable behavior of the children’s product, it is banned. If it is a dren exposed to the product, the fore- hazardous household substance but is seeable duration of the exposure, and not intended for use by children, it re- the marketing, patterns of use, and life quires precautionary labeling. This cycle of the product. same type of analysis also should be (2) Paint and similar surface coatings performed on materials substituted for containing lead have historically been lead.

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(5) The Commission also notes that, children’s products, hazardous chemi- under the FHSA, any firm that pur- cals may become accessible to young chases a product for resale is respon- children in a manner that places chil- sible for determining whether that dren at risk. Young children are ex- product contains lead and, if so, wheth- posed to the chemicals from directly er it is a ‘‘hazardous substance.’’ The mouthing them or from handling such Commission, therefore, recommends objects and subsequent hand-to-mouth that, prior to the acquisition or dis- or hand-to-eye activity. The specific tribution of such products, importers, type and frequency of behavior that a distributors, and retailers obtain infor- child exposed to a product will exhibit mation and data, such as analyses of depends on the age of the child and the chemical composition or accessibility, characteristics and pattern of use of relevant to this determination from the product. The adverse health effects manufacturers, or have such evalua- of these chemicals to children include tions conducted themselves. chemical poisoning from ingestion of the chemicals, pneumonia from aspira- [63 FR 70649, Dec. 22, 1998] tion of the chemicals into the lungs, § 1500.231 Guidance for hazardous liq- and skin and eye irritation from expo- uid chemicals in children’s prod- sure to the chemicals. The chemicals ucts. may also be combustible. (a) Summary. The U.S. Consumer (c) Guidance. (1) Under the Federal Product Safety Commission issues this Hazardous Substances Act (FHSA), guidance to manufacturers, importers, products that are toxic or irritants and distributors, and retailers to protect that may cause substantial injury or children from exposure to hazardous illness under reasonably foreseeable chemicals found in liquid-filled chil- conditions of handling or use, including dren’s products, such as rolling balls, reasonably foreseeable ingestion by bubble watches, necklaces, pens, paper- children, are ‘‘hazardous substances.’’ 15 weights, keychains, liquid timers, and U.S.C. 1261(f)(1). A product that is not mazes. 1 The Commission identifies the intended for children, but that creates major factors that it considers when a risk of substantial injury or illness evaluating liquid-filled children’s prod- because it contains hazardous chemi- ucts that contain hazardous chemicals, cals, requires precautionary labeling and informs the public of its experience under the Act. 15 U.S.C. 1261(p). A toy with exposure to these hazardous or other article intended for use by chemicals to children. To reduce the children that contains an accessible risk of exposure to hazardous chemi- and harmful amount of a hazardous cals, such as mercury, ethylene glycol, chemical is banned. 15 U.S.C. diethylene glycol, methanol, meth- 1261(q)(1)(A). In evaluating the poten- ylene chloride, petroleum distillates, tial hazard associated with children’s toluene, xylene, and related chemicals, products that contain hazardous the Commission requests manufactur- chemicals, the Commission’s staff con- ers to eliminate the use of such chemi- siders certain factors on a case-by-case cals in children’s products. The Com- basis, including: the total amount of mission also recommends that, before the hazardous chemical in a product, purchasing products for resale, import- the accessibility of the hazardous ers, distributors, and retailers obtain chemicals to children, the risk pre- assurances from manufacturers that sented by that accessibility, the age liquid-filled children’s products do not and foreseeable behavior of the chil- contain hazardous liquid chemicals. dren exposed to the product, and the (b) Hazard. During reasonably fore- marketing, patterns of use, and life seeable handling or use of liquid-filled cycle of the product. (2) The Commission’s staff has identified a number of liquid-filled children’s 1 This guidance is not a rule. It is intended products, such as rolling balls, bubble to highlight certain obligations under the Federal Hazardous Substances Act. Compa- watches, necklaces, pens, paper- nies should read that Act and the accom- weights, maze toys, liquid timers, and panying regulations in this part for more de- keychains, that contain hazardous tailed information. chemicals. In several of these cases,

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the staff determined that these prod- jurisdiction over the hazardous sub- ucts violated the FHSA because they stance shall give to the owner or con- presented a risk of chemical poisoning signee prompt notice of delivery of, or and/or chemical pneumonia from aspi- intention to deliver, such sample. Upon ration. This determination resulted in receipt of the notice, the owner or con- recalls or in the replacement of those signee shall hold such hazardous sub- products with substitutes, as well as in stance and not distribute it until fur- agreements with the manufacturers to ther notice from the area office direc- discontinue the use of hazardous tor or the collector of customs of the chemicals in liquid-filled children’s results of examination of the sample. products in future production. The Commission believes that these haz- § 1500.267 Payment for samples. ardous substances pose a risk to young The Consumer Product Safety Com- children and, consequently, manufac- mission will pay for all import samples turers should not have included them in the product design or manufacturing that are found to be in compliance with process. the requirements of the act. Billing for (3) Therefore, the Commission con- reimbursement should be made by the siders the use of hazardous chemicals owner or consignee to the Commission in children’s products such as those de- area office headquarters in the terri- scribed above to be ill-advised and en- tory of which the shipment was offered courages manufacturers to avoid using for import. Payment for samples will them in such products. Further, the not be made if the hazardous substance Commission recommends that, before is found to be in violation of the act, purchasing such products for resale, even though subsequently brought into importers, distributors, and retailers compliance under the terms of an au- obtain assurances from the manufac- thorization to bring the article into turers that liquid-filled children’s compliance. products do not contain hazardous liquid chemicals. § 1500.268 Hearing. [63 FR 70648, Dec. 22, 1998] (a) If it appears that the hazardous substance may be subject to refusal of IMPORTS admission, the area office director shall give the owner or consignee a § 1500.265 Imports; definitions. written notice to that effect, stating For the purposes of the regulations the reasons therefor. The notice shall prescribed under section 14 of the act: specify a place and a period of time (a) The term owner or consignee during which the owner or consignee means the person who has the rights of shall have an opportunity to introduce a consignee under the provisions of the testimony. Upon timely request, giving Tariff Act of 1930 (secs. 483, 484, 485, 46 reasonable grounds therefor, such time Stat. 721 as amended; 19 U.S.C. 1483, and place may be changed. Such testi- 1484, 1485). mony shall be confined to matters rel- (b) The term area office director means evant to the admissibility of the haz- the director of the area office of the ardous substance, and may be intro- Consumer Product Safety Commission duced orally or in writing. having jurisdiction over the port of (b) If such owner or consignee sub- entry through which a hazardous sub- mits or indicates his intention to substance is imported or offered for im- mit an application for authorization to port, or such officer of the area office relabel or perform other action to as he may designate to act in his behalf bring the hazardous substance into in administering and enforcing the pro- compliance with the act, such testi- visions of section 14 of the act. mony shall include evidence in support of such application. If such application § 1500.266 Notice of sampling. is not submitted at or prior to the When a sample of a hazardous sub- hearing, the area office director shall stance offered for import has been re- specify a time limit, reasonable in the quested by the director of the area of- light of the circumstances, for filing fice, the collector of customs having such application.

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§ 1500.269 Application for authoriza- owner or consignee on the appropriate tion. form of a customs single-entry or term Application for authorization to bond, containing a condition for the re- relabel or perform other action to delivery of the merchandise or any part bring the hazardous substance into thereof upon demand of the collector of compliance with the act may be filed customs and containing a provision for only by the owner or consignee and the performance of conditions as may shall: legally be imposed for the relabeling or (a) Contain detailed proposals for other action necessary to bring the bringing the article into compliance hazardous substance into compliance with the act. with the act in such manner as is pre- (b) Specify the time and place where scribed for such bond in the customs such operations will be carried out and regulations in force on the date of re- the approximate time for their comple- quest for authorization. The bond shall tion. be filed with the collector of customs. (b) The collector of customs may can- § 1500.270 Granting of authorization. cel the liability for liquidated damages (a) When authorization contemplated incurred under the above-mentioned by § 1500.269 is granted, the area office provisions of such a bond, if he receives director shall notify the applicant in an application for relief therefrom, writing, specifying: upon the payment of a lesser amount (1) The procedure to be followed: or upon such other terms and condi- (2) That the operations are to be car- tions as shall be deemed appropriate ried out under the supervision of an of- under the law and in view of the cir- ficer of the Consumer Product Safety cumstances, but the collector shall not Commission or the Bureau of Customs, act under this regulation in any case as the case may be; unless the area office director is in full (3) A time limit, reasonable in the agreement with the action. light of the circumstances, for completion of the operations; and § 1500.272 Costs chargeable in connec- (4) Such other conditions as are nection with relabeling and recondi- essary to maintain adequate super- tioning inadmissible imports. vision and control over the article. The cost of supervising the relabeling (b) Upon receipt of a written request or other action necessary in connection for extension of time to complete such with an import of a hazardous sub- operations, containing reasonable stance that fails to comply with the grounds therefor, the area office direc- act shall be paid by the owner or con- tor may grant such additional time as signee who files an application request- he deems necessary. ing such action and executes a bond, (c) An authorization may be amended pursuant to section 14(b) of the act. upon a showing of reasonable grounds The cost of such supervision shall in- therefor and the filing of an amended clude, but not be restricted to, the fol- application for authorization with the lowing: area office director. (a) Travel expenses of the supervising (d) If ownership of a hazardous sub- officer. stance covered by an authorization (b) Per diem in lieu of subsistence of changes before the operations specified the supervising officer when away from in the authorization have been com- his home station as provided by law. pleted, the original owner will be held (c) Services of the supervising officer, responsible, unless the new owner has to be calculated at the rate of a GS 11, executed a bond and obtained a new au- step 1 employee, except that such serv- thorization. Any authorization granted ices performed by a customs officer and under this section shall supersede and subject to the provisions of the Act of nullify any previously granted author- February 13, 1911, as amended (sec. 5, 36 ization with respect to the article. Stat. 901 as amended; 19 U.S.C. 267), shall be calculated as provided in that § 1500.271 Bonds. Act. (a) The bonds required under section (d) Services of the analyst, to be cal- 14(b) of the act may be executed by the culated at the rate of a GS 12, step 1

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employee (which shall include the use intended for use by children under 3 of the chemical laboratories and equip- years (36 months) of age that are intro- ment of the Consumer Product Safety duced into interstate commerce after Commission). the effective date. Such articles in- (e) The minimum charge for services clude, but are not to limited to: of supervising officers and of analysts squeeze toys; teethers; crib exercisers; shall be not less than the charge for 1 crib gyms; crib mobiles; other toys or hour, and time after the first hour articles intended to be affixed to a crib, shall be computed in multiples of 1 stroller, playpen, or baby carriage; pull hour, disregarding fractional parts less and push toys; pounding toys; blocks than one-half hour. and stacking sets; bathtub, wading pool and sand toys; rocking, spring, [38 FR 27012, Sept. 27, 1973, as amended at 57 FR 28605, June 26, 1992] and stick horses and other figures; chime and musical balls and carousels; jacks-in-the-box; stuffed, plush, and PART 1501—METHOD FOR IDENTI- flocked animals and other figures; pre- FYING TOYS AND OTHER ARTI- school toys, games and puzzles in- CLES INTENDED FOR USE BY tended for use by children under 3; CHILDREN UNDER 3 YEARS OF riding toys intended for use by children AGE WHICH PRESENT CHOKING, under 3; infant and juvenile furniture ASPIRATION, OR INGESTION articles which are intended for use by HAZARDS BECAUSE OF SMALL children under 3 such as cribs, play- PARTS pens, baby bouncers and walkers, strollers and carriages; dolls which are Sec. intended for use by children under 3 1501.1 Purpose. such as baby dolls, rag dolls, and bean 1501.2 Scope. bag dolls; toy cars, trucks, and other 1501.3 Exemptions. vehicles intended for use by children 1501.4 Size requirements and test procedure. under 3. In addition, such articles in- 1501.5 Enforcement procedure. clude any other toys or articles which AUTHORITY: Secs. 2(f)(1)(D), (q)(1)(A), (s), are intended, marketed or labeled to be 3(e)(1), and 10; 74 Stat. 372, 374, 375 as amend- entrusted to or used by children under ed; 80 Stat. 1304–05, 83 Stat. 187–89 (15 U.S.C. 3 years of age. 1261, 1262, 1269). (b) In determining which toys and SOURCE: 44 FR 34903, June 15, 1979, unless other articles are intended for use by otherwise noted. children under 3 years (36 months) of age, for purposes of this regulation, the § 1501.1 Purpose. following factors are relevant: the Section 1500.18(a)(9) of this chapter manufacturer’s stated intent (such as classifies as a banned hazardous sub- on a label) if it is a reasonable one; the stance any toy or other article in- advertising, promotion, and marketing tended for use by children under 3 of the article; and whether the article years of age that presents a choking, is commonly recognized as being in- aspiration, or ingestion hazard because tended for children under 3. of small parts. This part 1501 describes (c) This regulation does not apply to certain articles that are subject to toys or articles which are solely in- § 1500.18(a)(9); lists certain articles that tended for use by children 3 years of are specifically exempted; and provides age or older. In addition, it does not a test method for determining whether apply to all articles to which children an article is hazardous to children under 3 years of age might have access under 3 because it, or one of its compo- simply because of presence in a house- nents that can be detached or broken hold. Certain articles which are specifi- off during normal or reasonable fore- cally exempted from this regulation seeable use, is too small. are listed in § 1501.3 below.

§ 1501.2 Scope. § 1501.3 Exemptions. (a) This regulation (§ 1500.18(a)(9) and The following articles are exempt the criteria described in § 1501.4 below) from this regulation (§§ 1500.18(a)(9) and applies to all toys and other articles 1501.4 below):

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(a) Balloons; to ensure compliance with this regula- (b) Books and other articles made of tion, the dimensions of the Commis- paper; sion’s test cylinder will be no greater (c) Writing materials such as cray- than those shown in Figure 1. (In addi- ons, chalk, pencils, and pens; tion, for compliance purposes, the (d) Children’s clothing and acces- English dimensions shall be used. The sories, such as shoe lace holders and metric approximations are included buttons; only for convenience.) (e) Grooming, feeding, and hygiene (b)(1) Place the article, without com- products, such as diaper pins and clips, pressing it, into the cylinder. If the ar- barrettes, toothbrushes, drinking ticle fits entirely within the cylinder, glasses, dishes and eating utensils; in any orientation, it fails to comply (f) Phonograph records; with the test procedure. (Test any de- (g) Modeling clay and similar prod- tached components of the article the ucts; same way.) (h) Fingerpaints, watercolors, and other paint sets; (2) If the article does not fit entirely (i) Rattles (as defined at 16 CFR within the cylinder, subject it to the 1510.2); and appropriate ‘‘use and abuse’’ tests of 16 (j) Pacifiers (as defined at 16 CFR CFR 1500.51 and 1500.52 (excluding the 1511.2(a)). bite tests of §§ 1500.51(c) and 1500.52(c)). Any components or pieces (excluding § 1501.4 Size requirements and test paper, fabric, yarn, fuzz, elastic, and procedure. string) which have become detached (a) No toy or other children’s article from the article as a result of the use subject to § 1500.18(a)(9) and to this part and abuse testing shall be placed into 1501 shall be small enough to fit en- the cylinder, one at a time. If any such tirely within a cylinder with the di- components or pieces fit entirely with- mensions shown in Figure 1, when test- in the cylinder, in any orientation and ed in accordance with the procedure in without being compressed, the article paragraph (b) of this section. In testing fails to comply with the test procedure.

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§ 1501.5 Enforcement procedure. an emergency situation exists, only in accordance with Chapter 2, Guide 2.05— The Commission will enforce this Letter of Advice/Notices of Noncompli- regulation, unless it determines that ance of the CPSC Enforcement Policy

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and Procedural Guides, issued in Janu- 1502.17 Advice on public participation in ary 1990 and available from the Office hearings. of the Secretary, Consumer Product Safety Commission, Washington, DC Subpart D—Presiding Officer 20207. Under the procedure described in 1502.18 Presiding officer. this chapter, firms must be informed 1502.19 Commencement of functions. by letter that they or their products 1502.20 Authority of presiding officer. may be the subject of enforcement ac- 1502.21 Disqualification of presiding officer. tion and must be provided ten days 1502.22 Unavailability of presiding officer. within which to submit evidence and Subpart E—Hearing Procedures arguments that the products are not violative or are not covered by the reg- 1502.23 Filing and service of submissions. ulation, prior to the initiation of en- 1502.24 Petition to participate in forma forcement action by the Commission or pauperis. by its delegated staff member. The 1502.25 Disclosure of data and information to be relied on by the participants. function of approving such enforce- 1502.26 Purpose; oral and written testimony; ment actions is currently delegated by burden of proof. the Commission to the Assistant Exec- 1502.27 Participation of nonparties. utive Director for Compliance and En- 1502.28 Conduct at oral hearings or con- forcement (copies of the existing dele- ferences. gation documents are also available 1502.29 Time and place of prehearing con- from the CPSC’s Office of the Sec- ference. retary). 1502.30 Prehearing conference procedure. 1502.31 Summary decisions. [56 FR 46986, Sept. 17, 1991] 1502.32 Receipt of evidence. 1502.33 Official notice. 1502.34 Briefs and arguments. PART 1502—PROCEDURES FOR 1502.35 Interlocutory appeal from ruling of FORMAL EVIDENTIARY PUBLIC presiding officer. HEARING 1502.36 Official transcript. 1502.37 Motions. Subpart A—General Provisions Subpart F—Administrative Record Sec. 1502.1 Scope. 1502.38 Administrative record of a hearing. 1502.2 Computation of time periods. 1502.39 Examination of record. 1502.3 Confidential information. 1502.4 Office of the Secretary. Subpart G—Initial and Final Decision 1502.40 Initial decision. Subpart B—Initiation of Proceedings 1502.41 Appeal from or review of initial deci- 1502.5 Initiation of a hearing involving the sion. issuance, amendment, or revocation of a 1502.42 Decision by Commission on appeal regulation. or review of initial decision. 1502.6 Filing objections and requests for a 1502.43 Reconsideration and stay of Com- hearing on a regulation. mission’s action. 1502.7 Notice of filing of objections. 1502.8 Ruling on objections and requests for Subpart H—Judicial Review hearing. 1502.44 Review by the courts. 1502.9 Modification or revocation of regula- 1502.45 Copies of petitions for judicial re- tion or order. view. 1502.10 Denial of hearing in whole or in part. AUTHORITY: 15 U.S.C. 1261(q)(1)(B), 1262(a), 1502.11 Judicial review after waiver of hear- 1262(e), 1269(a); 15 U.S.C. 1474(a); 21 U.S.C. ing on a regulation. 371(e)–(g). 1502.12 Request for alternative form of hear- SOURCE: 56 FR 9278, Mar. 6, 1991, unless oth- ing. erwise noted. 1502.13 Notice of hearing; stay of action. 1502.14 Effective date of a regulation when no objections are filed. Subpart A—General Provisions Subpart C—Appearance and Participation § 1502.1 Scope. 1502.15 Appearance. The procedures in this part apply 1502.16 Notice of participation. when—

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(a) A person has a right to an oppor- (c) The telephone number of the Of- tunity for a hearing under sections fice of the Secretary is (301)504-0800. 2(q)(1)(B) or 3(a) of the Federal Haz- [56 FR 9278, Mar. 6, 1991, as amended at 62 FR ardous Substances Act (‘‘FHSA’’) and 46667, Sept. 4, 1997] 701(e) of the Federal Food, Drug, and Cosmetic Act (‘‘FDCA’’) (15 U.S.C. 1261(q)(1)(B) and 1262(a), and 21 U.S.C. Subpart B—Initiation of 371(e)); Proceedings (b) The Commission elects to hold a hearing under section 3(e)(1) of the § 1502.5 Initiation of a hearing involving the issuance, amendment, or FHSA or section 5 of the Poison Pre- revocation of a regulation. vention Packaging Act (‘‘PPPA’’) and section 701(e) of the FDCA (15 U.S.C. (a) The FEDERAL REGISTER notice 1262(e)(1) and 1474(a), and 21 U.S.C. promulgating the final regulation will 371(e)); or describe how to submit objections and (c) The Commission concludes that it requests for hearing. is in the public interest to hold a for- (b) On or before the 30th day after the mal evidentiary public hearing on any date of publication of a final regulation matter before it in such a proceeding. in the FEDERAL REGISTER, a person may file written objections, with or § 1502.2 Computation of time periods. without a request for a hearing, with Whenever a time period for taking the Commission. The 30-day period action is specified by these procedures, may not be extended, except that addi- by the presiding officer, or by the Com- tional information supporting an objec- mission, Saturdays, Sundays, and Fed- tion may be received after 30 days upon eral holidays are included in com- a showing of inadvertent omission or puting time. However, if the last day for other good cause shown, if consider- for taking such action falls on a Satur- ation of the additional information day, Sunday, or Federal holiday, the will not delay review of the objection action shall be timely if taken on or and request for hearing. before the next Federal Government business day. § 1502.6 Filing objections and requests for a hearing on a regulation. § 1502.3 Confidential information. (a) Objections and requests for a Whenever any participant desires or hearing under § 1502.5(a) must be filed is required to submit information in with the Office of the Secretary and any proceeding under this part 1502, will be accepted for filing if they meet and the participant believes that such the following conditions: information consists of trade secret or (1) They are submitted within the other confidential business or financial time specified in § 1502.5(b). information that should not be dis- (2) Each objection is separately num- closed publicly, the participant may, bered. instead of submitting such informa- (3) Each objection specifies with par- tion, file a motion for a protective ticularity the provision(s) of the regu- order containing a general description lation to which that objection is di- of the information desired to be with- rected. held, together with a detailed argu- (4) Each objection on which a hearing ment supporting the claim that the in- is requested specifically requests a formation should be held in confidence. hearing. Failure to request a hearing on an objection constitutes a waiver of § 1502.4 Office of the Secretary. the right to a hearing on that objec- (a) The mailing address of the Com- tion. mission’s Office of the Secretary is: (5) Each objection for which a hear- Office of the Secretary, Consumer Product ing is requested includes a detailed de- Safety Commission, Washington, DC 20207. scription of the basis for the objection (b) The address for delivery to the Of- and the factual information or analysis fice of the Secretary is: in support thereof. Failure to include a Office of the Secretary, Room 502, 4330 East description and analysis for an objec- West Highway, Bethesda, Maryland 20816. tion constitutes a waiver of the right

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to a hearing on that objection. The de- delay, the notice required by this sec- scription and analysis may be used tion may be combined with the notices only for the purpose of determining described in §§ 1502.10 and 1502.13. whether a hearing has been justified under § 1502.8, and do not limit the evi- § 1502.8 Ruling on objections and re- dence that may be presented if a hear- quests for hearing. ing is granted. (a) As soon as practicable, the Com- (i) A copy of any report, article, sur- mission will review all objections and vey, or other written document relied requests for hearing filed under § 1502.6 upon must be submitted, unless the and determine— document is— (1) Whether the regulation should be (A) A CPSC document that is rou- modified or revoked under § 1502.9; and tinely publicly available; or (2) Whether a hearing has been justi- (B) A recognized medical or scientific fied. textbook or journal in the public do- (b) A request for a hearing will be main. granted if the material submitted (ii) A summary of the non-documen- shows the following: tary testimony to be presented by any witnesses relied upon must be sub- (1) There is a genuine and substantial mitted. issue of fact for resolution at a hear- (b) If an objection or request for a ing. A hearing will not be granted on public hearing fails to meet the re- issues of policy or law. quirements of this section the Office of (2) The factual issue can be resolved the General Counsel shall notify the by available and specifically identified Office of the Secretary of the defi- reliable evidence. A hearing will not be ciency. The Office of the Secretary granted on the basis of mere allega- shall return it with a copy of the appli- tions or denials or general descriptions cable regulations, indicating those proof positions and contentions. visions not complied with. A deficient (3) The data and information sub- objection or request for a hearing may mitted, if established at a hearing, be supplemented and subsequently filed would be adequate to justify resolution if submitted within the 30-day time pe- of the factual issue in the way sought riod specified in § 1502.5(b). by the person. A hearing will be denied (c) If another person objects to a reg- if the Commission concludes that the ulation issued in response to a petition, data and information submitted, even the petitioner may submit a written though accurate, are insufficient to reply to the Office of the Secretary on justify the factual determination or before the 15th day after the last urged. day for filing objections. (4) Resolution of the factual issue in the way sought by the person is ade- § 1502.7 Notice of filing of objections. quate to justify the action requested. A As soon as practicable after the expi- hearing will not be granted on factual ration of the time for filing objections issues that are not determinative with to and requests for hearing on agency respect to the action requested, e.g., if action involving the issuance, amend- the Commission concludes that the ment, or revocation of a regulation Commission’s action would be the same under the FHSA or the PPPA and sec- even if the factual issue were resolved tion 701(e) of the Federal Food, Drug, in the way sought, or if a request is and Cosmetic Act, the Commission made that a final regulation include a shall publish a notice in the FEDERAL provision not reasonably encompassed REGISTER specifying those parts of the by the proposal. regulation that have been stayed by (5) The action requested is not incon- the filing of proper objections and, if sistent with any provision in the FHSA no objections have been filed, stating or any regulation in 16 CFR subchapter that fact. The notice does not con- C explaining or particularizing the re- stitute a determination that a hearing quirements of the FHSA. is justified on any objections or re- (6) The requirements in other appli- quests for hearing that have been filed. cable regulations, and in the notice When to do so will cause no undue promulgating the final regulation or

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the notice of opportunity for hearing (c) Any denial will be explained. A are met. denial based on an analysis of the in- (c) In making the determinations formation submitted to justify a hear- specified in paragraph (a) of this sec- ing will explain the inadequacy of the tion, the Commission may issue an ap- information. propriate order on the determinations (d) The notice will confirm, modify, without further notice or opportunity or stay the effective date of the regula- for comment from interested parties. tion involved. However, the Commission, at its op- (e) The record of the administrative tion, may use the procedure specified proceeding relating to denial in whole in 16 CFR part 1052 or any other appli- or in part of a public hearing on an ob- cable public procedure available to it. jection or request for hearing consists (d) If it is uncertain whether a hear- of the following: ing has been justified under the prin- (1) The entire rulemaking record; ciples in paragraph (b) of this section, (2) The objections and requests for and the Commission concludes that hearing filed by the Office of the Sec- summary decision against the person retary; and requesting a hearing should be considered, the Commission may serve upon (3) The notice denying a formal evi- the person by registered mail a pro- dentiary public hearing. posed order denying a hearing. The per- (f) The record specified in paragraph son has 30 days after receipt of the pro- (e) of this section is the exclusive posed order to demonstrate that the record for the Commission’s decision submission justifies a hearing. on the complete or partial denial of a hearing. The record of the proceeding § 1502.9 Modification or revocation of will be closed as of the date of the regulation or order. Commission’s decision denying a hear- If, upon review of an objection or re- ing, unless another date is specified. A quest for hearing, the Commission de- person who requested and was denied a termines that the regulation should be hearing may submit a petition for re- modified or revoked, the Commission consideration or a petition for stay of will promptly take such action by no- the Commission’s action. A person who tice in the FEDERAL REGISTER. Further wishes to rely upon information or objections to or requests for hearing on views not included in the administra- the modification or revocation may be tive record shall submit them to the submitted under §§ 1502.5 and 1502.6, but Commission with a petition to modify no further issue may be taken with the final regulation. other provisions in the regulation. Ob- (g) Denial of a request for a hearing jections and requests for hearing that in whole or in part is final agency ac- are not affected by the modification or tion reviewable in the courts, under revocation will remain on file and be the statutory provisions governing the acted upon in due course. matter involved, as of the date of publication of the denial in the FEDERAL § 1502.10 Denial of hearing in whole or REGISTER. in part. (1) Before requesting a court for a (a) If the Commission determines stay of the Commission’s action pend- upon review of the objections or re- ing judicial review, a person shall first quests for hearing that a hearing is not submit a petition to the Commission justified, in whole or in part, a notice for a stay of action. of the determination will be published (2) The time for filing a petition for in the FEDERAL REGISTER. judicial review of a denial of a hearing (b) The notice will state whether the on an objection or issue begins on the hearing is denied in whole or in part. If date the denial is published in the FED- the hearing is denied in part, the no- ERAL REGISTER. The failure to file a pe- tice will be combined with the notice tition for judicial review within the pe- of hearing required by § 1502.13, and will riod established in the statutory provi- specify the objections and requests for sion governing the matter involved hearing that have been granted and de- constitutes a waiver of the right to ju- nied. dicial review of the objection or issue,

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regardless whether a hearing has been (c) When more than one person re- granted on other objections and issues. quests and justifies a formal hearing under these procedures, an alternative § 1502.11 Judicial review after waiver form of hearing may be used only if all of hearing on a regulation. the persons concur and waive their (a) A person with a right to submit right to request a formal hearing. objections and a request for hearing (d) The Commission will determine under § 1502.5(a) may submit objections whether an alternative form of hearing and waive the right to a hearing. The should be used after considering the re- waiver may be either an explicit state- quests submitted and the appropriate- ment, or a failure to request a hearing, ness of the alternative hearing for the as provided in § 1502.6(a)(4). issues raised in the objections. The (b) If a person waives the right to a Commission’s determination is binding hearing, the Commission will rule upon unless, for good cause, the Commission the person’s objections under §§ 1502.8 subsequently determines otherwise. through 1502.10. As a matter of discre- (e) If the Commission determines tion, the Commission may also order a that an alternative form of hearing hearing on the matter. will be used, the Commission will pub- (c) If the Commission rules adversely lish a notice in the FEDERAL REGISTER on a person’s objection, the person may setting forth the following informa- petition for judicial review in a U.S. court of appeals under the appropriate tion: statute. (1) A description of the regulation (1) The record for judicial review is that is the subject of the hearing. the record designated in § 1502.10(e). (2) A statement specifying any part (2) The time for filing a petition for of the regulation that has been stayed judicial review begins on the date of by operation of law or in the Commis- publication of the Commission’s ruling sion’s discretion. on the objections in the FEDERAL REG- (3) The time, date, and place of the ISTER. hearing, or a statement that such information will be contained in a later § 1502.12 Request for alternative form notice. of hearing. (4) The parties to the hearing. (a) A person with a right to request a (5) The issues at the hearing. The formal hearing may waive that right statement of issues determines the and request a hearing before the Com- scope of the hearing. mission under 16 CFR part 1052. (b) The request— § 1502.13 Notice of hearing; stay of ac- (1) May be on the person’s own initiation. tive or at the suggestion of the Com- (a) If the Commission determines mission; upon review of the objections and re- (2) Must be submitted by the person quests for hearing that a hearing is jus- in the form of a petition before publi- tified on any issue, the Commission cation of a notice of hearing under will publish a notice setting forth the § 1502.13 or a denial of hearing under following: § 1502.10; and (1) A description of the regulation (3) Must be— (i) In lieu of a request for a formal that is the subject of the hearing. hearing under § 1502.5; or, (2) A statement specifying any part (ii) If submitted with or after a re- of the regulation or order that has been quest for formal hearing, accompanied stayed by operation of law or in the by a waiver of the right to a formal Commission’s discretion. hearing, conditioned on the request for (3) The parties to the hearing. the alternative form of hearing. Upon (4) The issues of fact on which a hear- acceptance by the Commission, the ing has been justified. waiver becomes binding and may be (5) A statement of any objections or withdrawn only by waiving any right requests for hearing for which a hear- to any form of hearing, unless the ing has not been justified, which are Commission determines otherwise. subject to § 1502.10.

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(6) The presiding officer, or a state- Subpart C—Appearance and ment that the presiding officer will be Participation designated in a later notice. (7) The time within which notices of § 1502.15 Appearance. participation should be filed under (a) A person who has filed a notice of § 1502.16. participation under § 1502.16 may ap- (8) The date, time, and place of the pear in person or by counsel or other prehearing conference, or a statement representative in any hearing and, sub- that the date, time, and place will be ject to § 1502.27, may be heard con- announced in a later notice. The pre- cerning all relevant issues. hearing conference may not commence (b) The presiding officer may strike a until after the time expires for filing person’s appearance for violation of the the notice of participation required by requirements regarding conduct in § 1502.16(a). § 1502.28. (9) The time within which participants should submit written informa- § 1502.16 Notice of participation. tion and views under § 1502.25(b). Addi- (a) Within 30 days after publication tional copies of material already sub- of the notice of hearing under § 1502.13, mitted under § 1502.25 need not be in- a person desiring to participate in a cluded with any later submissions. hearing is to file with the Office of the (10) The contents of the portions of Secretary a notice of participation in the administrative record relevant to the following form: the issues at the hearing. Except for (Date) trade secrets or other confidential in- Office of the Secretary, Consumer Product formation, the disclosure of which is Safety Commission, Room 502, 4330 East prohibited by statute, the portions list- West Highway, Bethesda, MD. Mailing ad- ed will be placed on public display in dress: Office of the Secretary, Consumer the Office of the Secretary before the Product Safety Commission, Washington, DC 20207. notice is published. (b) The statement of the issues deter- Notice of Participation mines the scope of the hearing and the (Title of Regulation) matters on which evidence may be in- Docket No. lllllllllllllllll troduced. The issues may be revised by Please enter the participation of: the presiding officer. A participant (Name) lllllllllllllllllll may obtain interlocutory review by the (Street address) lllllllllllllll (City, State, and Zip Code) lllllllll Commission of a decision by the pre- llllllllllllllllllllllll siding officer to revise the issues to in- (Telephone number) lllllllllllll clude an issue on which the Commis- Service on the above will be accepted by: sion has not granted a hearing or to (Name) lllllllllllllllllll eliminate an issue on which a hearing (City, State, and Zip Code) lllllllll has been granted. llllllllllllllllllllllll (Telephone number) lllllllllllll (c) A hearing is deemed to begin on The following statements are made as part the date of publication of the notice of of this notice of participation: hearing. A. Specific interests. (A statement of the specific interest of the person in the pro- § 1502.14 Effective date of a regulation ceeding, including the specific issues of fact when no objections are filed. concerning which the person desires to be heard. This part need not be completed by a (a) If no objections are filed and no party to the proceeding.) hearing is requested on a regulation B. Commitment to participate. (A statement under § 1502.5, the regulation is effec- that the person will present documentary tive on the date specified in the regula- evidence or testimony at the hearing and tion as promulgated. will comply with the requirements of § 1502.25 (b) The Commission shall publish a of these procedures.) confirmation of the effective date of (Signed) lllllllllllllllllll the regulation. The FEDERAL REGISTER (b) Any amendment to a notice of document confirming the effective date participation should be filed with the of the regulation may extend the time Office of the Secretary and served on for compliance with the regulation. all participants.

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(c) No person may participate in a sion. Accordingly, members of the Of- hearing who has not filed a written no- fice of the General Counsel, other than tice of participation or whose partici- the attorneys responsible for rep- pation has been stricken under para- resenting the staff, will not answer graph (e) of this section. questions about the hearing from any (d) The presiding officer may permit participant or potential participant. the late filing of a notice of participa- (d) Participants in a hearing may tion upon a showing of good cause. communicate with the attorneys re- (e) The presiding officer may strike sponsible for representing the staff, in the participation of a person for non- the same way that they may commu- participation in the hearing or for fail- nicate with counsel for any other party ure to comply with any requirement of in interest about the presentation of this subpart, e.g., disclosure of infor- matters at the hearing. It would be in- mation as required by § 1502.25 or the appropriate to bar discussion of such prehearing order issued under § 1502.30. matters as stipulations of fact, joint Any person whose participation is presentation of witnesses, or possible stricken may petition the Commission settlement of hearing issues. Members for interlocutory review of that deci- of the public, including participants at sion. hearings, are advised, however, that all [56 FR 9278, Mar. 6, 1991, as amended at 62 FR such communications, including those 46667, Sept. 4, 1997] by telephone, will be recorded in memoranda that can be filed with the § 1502.17 Advice on public participa- Office of the Secretary. tion in hearings. (e) Separation of functions and ex (a) All inquiries from the public parte communications will be handled about scheduling, location, and general as follows. procedures should be addressed to the (1) An interested person may meet or Office of the Secretary, Consumer correspond with any CPSC representa- Product Safety Commission, Wash- tive concerning a matter prior to publi- ington, DC 20207, or telephone (301) 504– cation of a notice announcing a formal 0800. evidentiary public hearing on the mat- (b) Requests by hearing participants ter. The provisions of 16 CFR part 1012 for changes in the schedule of a hearing apply to such meetings. or for filing documents, briefs, or other (2) Upon publication of a notice an- pleadings should be made in writing di- nouncing a formal evidentiary public rectly to the presiding officer. hearing, the following rules concerning (c) Under no circumstances will the separation of functions apply: Office of the General Counsel of CPSC (i) The CPSC staff members respon- directly provide advice about a hearing sible for preparing evidence and par- to any person who is participating or ticipating in the hearing in the matter may participate in the hearing. In are, as a party to the hearing, respon- every hearing, certain attorneys in the sible for all investigative functions and office are designated to represent the for presentation of the position of the staff. Other members of the office, or- staff at the hearing and in any pleading dinarily including the General Counsel, or oral argument before the Commis- are designated to advise the Commis- sion. These representatives of the staff sion on a final decision in the matter. may not participate or advise in any It is not compatible with these func- decision except as witnesses or counsel tions, nor would it be professionally re- in public proceedings. Except as pro- sponsible, for the attorneys in the Of- vided herein, there shall be no other fice of the General Counsel also to ad- communication between representa- vise other participants in a hearing, or tives of the staff and representatives of for any attorney who may be called on the various Commissioners’ offices con- to advise the Commission to respond to cerning the matter prior to the deci- inquiries from other participants in the sion of the Commission. The Commis- hearing; such participants may be urg- sion may, however, designate other ing views contrary to those of the staff representatives of the staff to advise involved or to what may ultimately be the Commission. The designation will the final conclusions of the Commis- be in writing and filed with the Office

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of the Secretary no later than the time involved in the hearing will be re- specified in paragraph (f)(2) of this sec- stricted as follows: tion for the application of separation of (A) No person outside CPSC may functions. All employees of the CPSC have an ex parte communication with other than representatives of the in- the presiding officer or any person rep- volved staff (except for those specifi- resenting the offices of the Commis- cally designated otherwise) may be sioners concerning the matter in the called upon to advise and participate hearing. Neither the presiding officer with the offices of the Commissioners nor any person representing the offices in their functions relating to the hear- of the Commissioners may have any ex ing and the final decision. parte communications with a person (ii) The General Counsel of CPSC outside CPSC concerning the matter in shall designate members of the Office of the General Counsel to advise and the hearing. All communications are to participate with the staff in its func- be public communications, as witness tions in the hearing and shall designate or counsel under the applicable proce- other members of the Office of the Gen- dures. eral Counsel to advise the offices of the (B) A participant in the hearing may Commissioners in their functions re- submit a written communication con- lated to the hearing and the final deci- cerning a proposal for settlement to sion. The members of the Office of the the presiding officer with a request General Counsel designated to advise that it be transmitted to the Commis- the staff may not participate or advise sion. These communications are to be in any decision of the Commission ex- in the form of pleadings, served on all cept as counsel in public proceedings. other participants, and filed with the The designation shall be in the form of Office of the Secretary like any other a memorandum filed with the Office of pleading. the Secretary and made a part of the (C) A written communication con- administrative record in the pro- trary to this section must be imme- ceeding. There may be no other com- diately served on all other participants munication between those members of and filed with the Office of the Sec- the Office of the General Counsel des- retary by the presiding officer at the ignated to advise the offices of the hearing, or by the Commissioner, de- Commissioners and any other person in pending on who received the commu- the Office of the General Counsel or in the involved staff with respect to the nication. An oral communication con- matter prior to the decision of the trary to this section must be imme- Commission. The General Counsel may diately recorded in a written memo- assign different attorneys to advise ei- randum and similarly served on all ther the staff or the offices of the Com- other participants and filed with the missioners at any stage of the pro- Office of the Secretary. A person, in- ceedings. The General Counsel will or- cluding a representative of a partici- dinarily advise and participate with pant in the hearing, who is involved in the offices of the Commissioners in an oral communication contrary to their functions relating to the hearing this section, must, if possible, be made and the final decision. available for cross-examination during (iii) The Commissioners are respon- the hearing with respect to the sub- sible for the agency review and final stance of that conversation. Rebuttal decision of the matter, with the advice testimony pertinent to a written or and participation of anyone in CPSC oral communication contrary to this other than representatives of the re- section will be permitted. Cross-exam- sponsible staff and those members of ination and rebuttal testimony will be the Office of the General Counsel des- transcribed and filed with the Office of ignated to assist in the staff functions the Secretary. in the hearing. (D) The making of a communication (iv) Between the date that separation contrary to this section may, con- of functions applies and the date of the Commission’s decision on the matter, sistent with the interests of justice and communication concerning the matter the policy of the underlying statute,

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result in a decision adverse to the per- will be served, and the action is in ac- son knowingly making or causing the cordance with law; making of such a communication. (n) Strike the participation of any person under § 1502.16(e) or exclude any [56 FR 9278, Mar. 6, 1991, as amended at 62 FR 46667, Sept. 4, 1997] person from the hearing under § 1502.28, or take other reasonable disciplinary action; and Subpart D—Presiding Officer (o) Take any other action required § 1502.18 Presiding officer. for the fair, expeditious, and orderly conduct of the hearing. The presiding officer in a hearing will be an administrative law judge § 1502.21 Disqualification of presiding qualified under 5 U.S.C. 3105. officer. § 1502.19 Commencement of functions. (a) A participant may request the presiding officer to disqualify himself/ The functions of the presiding officer herself and withdraw from the pro- begin upon designation and end upon ceeding. The ruling on any such re- the filing of the initial decision. quest may be appealed in accordance with § 1502.35(b). § 1502.20 Authority of presiding officer. (b) A presiding officer who is aware of grounds for disqualification, whether The presiding officer has all powers or not raised by a participant, shall necessary to conduct a fair, expedi- withdraw from the proceeding. tious, and orderly hearing, including the power to— § 1502.22 Unavailability of presiding (a) Specify and change the date, officer. time, and place of oral hearings and (a) If the presiding officer is unable conferences; to act for any reason, the Commission (b) Establish the procedures for use will assign the powers and duties to an- in developing evidentiary facts, includ- other presiding officer. The substi- ing the procedures in § 1502.30(b) and to tution will not affect the hearing, ex- rule on the need for oral testimony and cept as the new presiding officer may cross-examination under § 1502.26(b); order. (c) Prepare statements of the areas of (b) Any motion based on the substi- factual disagreement among the par- tution must be made within 10 days. ticipants; (d) Hold conferences to settle, simplify, or determine the issues in a hear- Subpart E—Hearing Procedures ing or to consider other matters that may expedite the hearing; § 1502.23 Filing and service of submissions. (e) Administer oaths and affirma- tions; (a) Submissions, including pleadings (f) Control the course of the hearing in a hearing, are to be filed with the and the conduct of the participants; Office of the Secretary. Two copies (g) Examine witnesses and strike or shall be filed. To determine compliance limit their testimony if they fail to re- with filing deadlines in a hearing, a spond fully to proper questions; submission is considered filed on the (h) Admit, exclude, or limit evidence; day of filing with or mailing to the Of- (i) Set the time for filing pleadings; fice of the Secretary. When this part (j) Rule on motions and other proce- allows a response to a submission and dural matters; prescribes a period of time for the fil- (k) Rule on motions for summary de- ing of the response, an additional 3 cision under § 1502.31; days are allowed for the filing of the (l) Conduct the hearing in stages if response if the submission is served by the number of parties is large or the mail. issues are numerous and complex; (b) The person making a submission (m) Waive, suspend, or modify any shall serve copies of it on the other procedure in this subpart if the pre- participants. siding officer determines that no party (c) Service is accomplished by mail- will be prejudiced, the ends of justice ing a submission to the address shown

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in the notice of participation or by per- (2) All other documentary data and sonal delivery. information relied upon. (d) All submissions are to be accom- (3) A narrative position statement on panied by a certificate of service or by the factual issues in the notice of hear- a statement that service is not re- ing and the type of supporting evidence quired, stating the reason therefor. the Assistant General Counsel intends (e) No written submission or other to introduce. portion of the administrative record (b) Within 60 days of the publication may be held in confidence, except as of the notice of hearing or, if no partic- provided in § 1502.3. ipant will be prejudiced, within another period of time set by the pre- § 1502.24 Petition to participate in siding officer, each participant shall forma pauperis. submit to the Office of the Secretary (a) A participant who believes that all data and information specified in compliance with the filing and service paragraph (a) (2) and (3) of this section requirements of this section con- and any objections that the adminis- stitutes an unreasonable financial bur- trative record filed under paragraph den may submit to the Commission a (a)(1) of this section is incomplete, and petition to participate in forma any documents in the participants’ pauperis. files containing factual information, (b) The petition will be captioned: whether favorable or unfavorable to ‘‘Request to Participate In Forma the regulation issued by the Commis- Pauperis, Docket No. lll.’’ Filing and sion, which relates to the issues in- service requirements for the petition volved in the hearing. are described in paragraph (c) of this (c) Submissions required by para- section, whether or not the petition is graphs (a) and (b) of this section may granted; The petition must dem- be supplemented later in the pro- onstrate that either: ceeding, with the approval of the pre- (1) The participant is indigent and a siding officer, upon a showing that the strong public interest justifies partici- material in the supplement was not pation, or reasonably known or available when (2) The participant’s participation is the submission was made, that the rel- in the public interest because it can be evance of the material contained in the considered of primary benefit to the supplement could not reasonably have general public. been foreseen, or that admission of the (c) The Commission may grant or material in the supplement is nec- deny the petition. If the petition is essary for a fair determination of the granted, the participant need file only issues involved in the hearing. one copy of each submission with the (d) A participant’s failure to comply Office of the Secretary. The Office of substantially and in good faith with the Secretary will make sufficient ad- this section constitutes a waiver of the ditional copies for the administrative right to participate further in the hear- record, and serve a copy on each other ing; failure of a party to comply con- participant. stitutes a waiver of the right to a hearing. § 1502.25 Disclosure of data and infor- (e) Participants may reference each mation to be relied on by the par- other’s submissions. To reduce duplica- ticipants. tive submissions, participants are en- (a) Before the notice of hearing is couraged to exchange and consolidate published under § 1502.13, the Assistant lists of documentary evidence. If a par- General Counsel for Regulatory Affairs ticular document is bulky or in limited shall submit the following to the Office supply and cannot reasonably be repro- of the Secretary: duced, and it constitutes relevant evi- (1) The relevant portions of the ad- dence, the presiding officer may au- ministrative record of the proceeding. thorize submission of a reduced number Portions of the administrative record of copies. not relevant to the issues in the hear- (f) The presiding officer will rule on ing are not required to be submitted. questions relating to this section.

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§ 1502.26 Purpose; oral and written (c) A person whose petition is the testimony; burden of proof. subject of the hearing has the same (a) The objective of a formal evi- right as a party. dentiary hearing is the fair determina- (d) A nonparty participant will be tion of relevant facts consistent with permitted additional rights if the pre- the right of all interested persons to siding officer concludes that the par- participate and the public interest in ticipant’s interests would not be ade- promptly settling controversial mat- quately protected otherwise or that ters affecting the public health and broader participation is required for a welfare. full and true disclosure of the facts, (b) Accordingly, the evidence at a but the rights of a nonparty partici- hearing is to be developed to the max- pant may not exceed the rights of a imum extent through written submis- party. sions, including written direct testimony, which may be in narrative or in § 1502.28 Conduct at oral hearings or conferences. question-and-answer form. (1) Direct testimony will be sub- All participants in a hearing will mitted in writing, except on a showing conduct themselves with dignity and that written direct testimony is insuf- observe judicial standards of practice ficient for a full and true disclosure of and ethics. They may not indulge in relevant facts and that the participant personal attacks, unseemly wrangling, will be prejudiced if unable to present or intemperate accusations or charac- oral direct testimony. If the proceeding terizations. Representatives of parties involves particular issues, each party shall, to the extent possible, restrain may determine whether, and the extent clients from improprieties in connec- to which, each wishes to present direct tion with any proceeding. Disrespect- testimony orally or in writing. ful, disorderly, or contumacious lan- (2) Oral cross-examination of wit- guage or conduct, refusal to comply nesses will be permitted if it appears with directions, use of dilatory tactics, that alternative means of developing or refusal to adhere to reasonable the evidence are insufficient for a full standards of orderly and ethical con- and true disclosure of the facts and duct during any hearing shall con- that the party requesting oral cross-ex- stitute grounds for immediate exclu- amination will be prejudiced by denial sion from the proceeding by the pre- of the request or that oral cross-exam- siding officer. ination is the most effective and efficient means to clarify the matters at § 1502.29 Time and place of prehearing issue. conference. (3) Witnesses shall give testimony A prehearing conference will com- under oath. mence at the date, time, and place an- (c) A participant who proposes to nounced in the notice of hearing, or in substitute a new provision for a provi- a later notice, or as specified by the sion objected to has the burden of proof presiding officer in a notice modifying in relation to the new provision. a prior notice. At the prehearing conference, insofar as practicable at that § 1502.27 Participation of nonparties. time, the presiding officer will estab- (a) A nonparty participant may— lish the methods and procedures to be (1) Attend all conferences (including used in developing the evidence, deter- the prehearing conference), oral pro- mine reasonable time periods for the ceedings, and arguments; conduct of the hearing, and designate (2) Submit written testimony and the times and places for the production documentary evidence for inclusion in of witnesses for direct and cross-exam- the record; ination, if leave to conduct oral exam- (3) File written objections, briefs, and ination is granted on any issue. other pleadings; and (4) Present oral argument. § 1502.30 Prehearing conference proce- (b) A nonparty participant may not— dure. (1) Submit written interrogatories; or (a) Participants in a hearing are to (2) Conduct cross-examination. appear at the prehearing conference

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prepared to discuss and resolve all mat- become a witness or has been made ters specified in paragraph (b) of this publicly available by the person. section. (b) The presiding officer will conduct (1) To expedite the hearing, partici- a prehearing conference for the fol- pants are encouraged to prepare in ad- lowing purposes: vance for the prehearing conference. (1) To determine the areas of factual Participants should cooperate with disagreement to be considered at the each other, and should request infor- hearing. The presiding officer may hold mation and begin preparation of testi- conferences off the record in an effort mony at the earliest possible time. to reach agreement on disputed factual Failure of a participant to appear at questions, subject to the ex parte limi- the prehearing conference or to raise tations in § 1502.17(f). matters that reasonably could be an- (2) To identify the most appropriate ticipated and resolved at that time will techniques for developing evidence on not delay the progress of the hearing issues in controversy and the manner and constitutes a waiver of the rights and sequence in which they will be of the participant regarding such mat- used, including, where oral examina- ters as objections to the agreements tion is to be conducted, the sequence in reached, actions taken, or rulings which witnesses will be produced for, issued by the presiding officer at or as and the time and place of, oral exam- a result of the prehearing conference ination. The presiding officer may con- and may be grounds for striking the sider, but is not limited to, the fol- participation under § 1502.16. lowing techniques. (2) Participants shall bring to the (i) Submission of narrative state- prehearing conference the following ments of position on factual issues in specific information, which will be controversy. filed with the Office of the Secretary (ii) Submission of evidence or identi- under § 1502.23: fication of previously submitted evi- (i) Any additional information de- dence to support such statements, such sired to supplement the submission as affidavits, verified statements of filed under § 1502.25; the supplement fact, data, studies, and reports. may be filed if approved under § 1502.25. (iii) Exchange of written interrog- (ii) A list of all witnesses whose testi- atories directed to particular wit- mony will be offered, orally or in writ- nesses. ing, at the hearing, with a full cur- (iv) Written requests for the produc- riculum vitae for each. Additional wit- tion of additional documentation, data, nesses may be identified later, with the or other relevant information. approval of the presiding officer, on a showing that the witness was not rea- (v) Submission of written questions sonably available at the time of the to be asked by the presiding officer of prehearing conference, that the rel- a specific witness. evance of the witness’s views could not (vi) Identification of facts for which reasonably have been foreseen at that oral examination and/or cross-exam- time, or for other good cause shown, as ination is appropriate. where a previously identified witness is (3) To group participants with sub- unforeseeably unable to testify. stantially like interests for presenting (iii) All prior written statements, in- evidence, making motions and objec- cluding articles and any written state- tions, including motions for summary ment signed or adopted, or a recording decision, filing briefs, and presenting or transcription of an oral statement oral argument. made, by persons identified as wit- (4) To hear and rule on objections to nesses if— admitting information submitted (A) The statement is available with- under § 1502.25 into evidence. out making a request to the witness; (5) To obtain stipulations and admis- (B) The statement relates to the sub- sions of facts. ject matter of the witness’s testimony; (6) To take other action that may ex- and pedite the hearing. (C) The statement either was made (c) The presiding officer shall issue, before the time the person agreed to orally or in writing, a prehearing order

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reciting the actions taken at the pre- and directing further evidentiary pro- hearing conference and setting forth ceedings. The facts so specified will be the schedule for the hearing. The order deemed established. will control the subsequent course of (f) A participant submitting or oppos- the hearing unless modified by the pre- ing a motion for summary decision siding officer for good cause. may obtain interlocutory review by the Commission of a summary decision of § 1502.31 Summary decisions. the presiding officer. (a) After the hearing commences, a participant may move, with or without § 1502.32 Receipt of evidence. supporting affidavits, for a summary (a) A hearing consists of the develop- decision on any issue in the hearing. ment of evidence and the resolution of Any other participant may, within 10 factual issues as set forth in this sub- days after service of the motion, which part and in the prehearing order. time may be extended for an additional (b) All orders, transcripts, written 10 days for good cause, serve opposing statements of position, written direct affidavits or countermove for summary testimony, written interrogatories and decision. The presiding officer may set responses, and any other written mate- the matter for argument and call for rial submitted in the proceeding com- the submission of briefs. prise the administrative record of the (b) The presiding officer will grant hearing, and will be promptly placed on the motion if the objections, requests public display in the Office of the Sec- for hearing, other pleadings, affidavits, retary, except as ordered by the pre- and other material filed in connection siding officer. with the hearing, or matters officially (c) Written evidence, identified as noticed, show that there is no genuine such, is admissible unless a participant issue as to any material fact and that objects and the presiding officer ex- a participant is entitled to summary cludes it on objection of a participant decision. or on the presiding officer’s own initia- (c) Affidavits should set forth facts tive. that would be admissible in evidence (1) The presiding officer may exclude and show affirmatively that the affiant written evidence as inadmissible only is competent to testify to the matters if— stated. When a properly supported motion for summary decision is made, a (i) The evidence is irrelevant, imma- participant opposing the motion may terial, unreliable, or repetitive; not rest upon mere allegations or deni- (ii) Exclusion of part or all of the als or general descriptions of positions written evidence of a participant is and contentions; affidavits or other re- necessary to enforce the requirements sponses must set forth specific facts of this subpart; or showing that there is a genuine issue of (iii) The evidence was not submitted fact for the hearing. as required by § 1502.25. (d) Should it appear from the affida- (2) Items of written evidence are to vits of a participant opposing the mo- be submitted as separate documents, tion that for sound reasons stated, sequentially numbered, except that a facts essential to justify the opposition voluminous document may be sub- cannot be presented by affidavit, the mitted in the form of a cross-reference presiding officer may deny the motion to the documents filed under § 1502.25. for summary decision, allow additional (3) Written evidence excluded by the time to permit affidavits or additional presiding officer as inadmissible re- evidence to be obtained, or issue other mains a part of the administrative just order. record, as an offer of proof, for judicial (e) If on motion under this section a review. summary decision is not rendered upon (d) Testimony, whether on direct or the whole case or for all the relief on cross-examination, is admissible as asked, and evidentiary facts need to be evidence unless a participant objects developed, the presiding officer will and the presiding officer excludes it. issue an order specifying the facts that (1) The presiding officer may exclude appear without substantial controversy oral evidence as inadmissible only if—

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(i) The evidence is irrelevant, imma- § 1502.34 Briefs and arguments. terial, unreliable, or repetitive; or (a) Promptly after the taking of evi- (ii) Exclusion of part or all of the evidence is completed, the presiding offi- dence is necessary to enforce the re- cer will announce a schedule for the fil- quirements of these procedures. ing of briefs. Briefs are to be filed ordi- (2) If oral evidence is excluded as in- narily within 45 days of the close of the admissible, the participant may take hearing. Briefs must include a state- written exception to the ruling in a ment of position on each issue, with brief to the Commission, without tak- specific and complete citations to the ing oral exception at the hearing. Upon evidence and points of law relied on. review, the Commission may reopen Briefs must contain proposed findings the hearing to permit the evidence to of fact and conclusions of law. be admitted if the Commission deter- (b) The presiding officer may, as a mines that its exclusion was erroneous matter of discretion, permit oral argu- and prejudicial. ment after the briefs are filed. (e) The presiding officer may sched- (c) Briefs and oral argument shall re- ule conferences as needed to monitor frain from disclosing specific details of the progress of the hearing, narrow and written and oral testimony and docu- simplify the issues, and consider and ments relating to trade secrets and rule on motions, requests, and other privileged or confidential commercial matters concerning the development of or financial information, except as spe- the evidence. cifically authorized in a protective (f) The presiding officer will conduct order issued by the presiding officer. such proceedings as are necessary for the taking of oral testimony, for the § 1502.35 Interlocutory appeal from ruling of presiding officer. oral examination of witnesses by the presiding officer on the basis of written (a) Except as provided in paragraph questions previously submitted by the (b) of this section and in §§ 1502.13(b), parties, and for the conduct of cross-ex- 1502.16(e), 1502.31(f), and 1502.37(d) au- amination of witnesses by the parties. thorizing interlocutory appeals, rulings The presiding officer shall exclude ir- of the presiding officer may not be ap- relevant or repetitious written ques- pealed to the Commission before the tions and limit oral cross-examination Commission’s consideration of the en- to prevent irrelevant or repetitious ex- tire record of the hearing. amination. (b) A ruling of the presiding officer is (g) The presiding officer shall order subject to interlocutory appeal to the the proceedings closed for the taking of Commission if the presiding officer cer- oral testimony relating only to trade tifies on the record or in writing that secrets and privileged or confidential immediate review is necessary to pre- commercial or financial information. vent exceptional delay, expense, or Participation in closed proceedings prejudice to any participant or substantial harm to the public interest. will be limited to the witness, the witness’s counsel, and Federal Govern- (c) When an interlocutory appeal is ment employees. made to the Commission, a participant may file a brief with the Commission § 1502.33 Official notice. only if such is specifically authorized by the presiding officer or the Commis- (a) Official notice may be taken of sion, and, if such authorization is such matters as might be judicially no- granted, within the period the Commis- ticed by the courts of the United sion directs. If a participant is author- States or of any other matter pecu- ized to file a brief, any other partici- liarly within the general knowledge of pant may file a brief in opposition, CPSC as an expert agency. within the period the Commission di- (b) If official notice is taken of a ma- rects. If no briefs are authorized, the terial fact not appearing in the evi- appeal will be presented as an oral ar- dence of record, a participant, on time- gument to the Commission. The oral ly request, will be afforded an oppor- argument will be transcribed. If briefs tunity to show the contrary. are authorized, oral argument will be

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heard only at the discretion of the (5) All FEDERAL REGISTER notices Commission. pertinent to the proceeding; (6) All submissions filed under § 1502.36 Official transcript. § 1502.24, e.g., the submissions required (a) The presiding officer will arrange by § 1502.25, all other documentary evi- for a verbatim stenographic transcript dence and written testimony, plead- of oral testimony and for necessary ings, statements of position, briefs, and copies of the transcript. other similar documents; (b) One copy of the transcript will be (7) The transcript, written order, and placed on public display in the Office of all other documents relating to the the Secretary upon receipt. prehearing conference, prepared under (c) Copies of the transcript may be § 1502.30; obtained by application to the official (8) All documents relating to any mo- reporter and payment of costs thereof. tion for summary decision under (d) Witnesses, participants, and coun- § 1502.31; sel have 30 days from the time the (9) All documents of which official transcript becomes available to pro- notice is taken under § 1502.33; pose corrections in the transcript of (10) All pleadings filed under § 1502.34; oral testimony. Corrections are per- (11) All documents relating to any in- mitted only for transcription errors. terlocutory appeal under § 1502.35; The presiding officer shall promptly (12) All transcripts prepared under order justified corrections. § 1502.36; and (13) Any other document relating to § 1502.37 Motions. the hearing and filed with the Office of (a) Except for a motion made in the the Secretary by the presiding officer course of an oral hearing before the or any participant. presiding officer, a motion on any mat- (b) The record of the administrative ter relating to the proceeding shall be proceeding is closed— filed under § 1502.23 and must include a (1) With respect to the taking of evi- draft order. dence, when specified by the presiding (b) A response may be filed within 10 officer; and days of service of a motion. The time (2) With respect to pleadings, at the may be shortened or extended by the time specified in § 1502.34(a) for the fil- presiding officer for good cause shown. ing of briefs. (c) The moving party has no right to (c) The presiding officer may reopen reply, except as permitted by the pre- the record to receive further evidence siding officer. at any time before the filing of the ini- (d) The presiding officer shall rule tial decision. upon the motion and may certify that ruling to the Commission for interlocu- § 1502.39 Examination of record. tory review. Except as provided in § 1502.3, documents in the record will be publicly Subpart F—Administrative Record available. Documents available for examination or copying will be placed on § 1502.38 Administrative record of a public display in the Office of the Sec- hearing. retary promptly upon receipt in that (a) The record of a hearing consists office. of— (1) The regulation or notice of oppor- Subpart G—Initial and Final tunity for hearing that gave rise to the Decision hearing; (2) All objections and requests for § 1502.40 Initial decision. hearing filed with the Office of the Sec- (a) The presiding officer shall prepare retary under §§ 1502.5 and 1502.6; and file an initial decision as soon as (3) The notice of hearing published practicable after the filing of briefs and under § 1502.13; oral argument. (4) All notices of participation filed (b) The initial decision shall con- under § 1502.16; tain—

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(1) Findings of fact based upon rel- § 1502.41 Appeal from or review of ini- evant, material, and reliable evidence tial decision. of record; (a) A participant may appeal an ini- (2) Conclusions of law; tial decision to the Commission by fil- (3) A discussion of the reasons for the ing exceptions with the Office of the findings and conclusions, including a Secretary, and serving them on the discussion of the significant conten- other participants within the period tions made by any participant; specified in the initial decision. The pe- (4) Citations to the record supporting riod for appeal to the Commission may the findings and conclusions; not exceed 30 days, unless extended by (5) An appropriate regulation sup- the Commission under paragraph (d) of ported by substantial evidence of this section. record and based upon the findings of (b) Exceptions must specifically iden- fact and conclusions of law (unless the tify alleged errors in the findings of initial decision is to not issue a regula- fact or conclusions of law in the initial tion); decision, and provide supporting cita- (6) An effective date for the regulations to the record. Oral argument before the Commission may be requested tion (if any), together with an explain the exceptions. nation of why the effective date is ap- (c) Any reply to the exceptions shall propriate; and be filed and served within the period (7) The periods of time for filing ex- specified in the initial decision. The pe- ceptions to the initial decision with riod may not exceed 30 days after the the Office of the Secretary and for fil- end of the period (including any exten- ing replies to such exceptions, in ac- sions) for filing exceptions, unless ex- cordance with § 1502.41(a)–(c). tended by the Commission under para- (c) The initial decision must refrain graph (d) of this section. from disclosing specific details of trade (d) The Commission may extend the secrets and privileged or confidential time for filing exceptions or replies to commercial or financial information, exceptions for good cause shown. except as specifically authorized in a (e) If the Commission decides to hear protective order issued by the presiding oral argument, the participants will be officer. informed of the date, time, and place of (d) The initial decision is to be filed the argument, the amount of time al- with the Office of the Secretary and lotted to each participant, and the served upon all participants. Once the issues to be addressed. initial decision is filed with the Office (f) Within 10 days following the expi- of the Secretary, the presiding officer ration of the time for filing exceptions has no further jurisdiction over the (including any extensions), the Com- matter, and any motions or requests mission may file with the Office of the filed with the Office of the Secretary Secretary, and serve on the partici- will be decided by the Commission. pants, a notice of the Commission’s de- (e) The initial decision becomes the termination to review the initial deci- final decision of the Commission by op- sion. The Commission may invite the participants to file briefs or present eration of law unless a participant files oral argument on the matter. The time exceptions with the Office of the Sec- for filing briefs or presenting oral argu- retary under § 1502.41(a) or the Commis- ment will be specified in that or a later sion files a notice of review under notice. § 1502.41(f). (f) Notice that an initial decision has § 1502.42 Decision by Commission on become the decision of the Commission appeal or review of initial decision. without appeal to or review by the (a) On appeal from or review of the Commission will be published in the initial decision, the Commission has FEDERAL REGISTER. The Commission all the powers given to the presiding also may publish the decision when it officer with respect to the initial deci- is of widespread interest. sion. On the Commission’s own initiative or on motion, the Commission

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may remand the matter to the pre- PART 1505—REQUIREMENTS FOR siding officer for any further action ELECTRICALLY OPERATED TOYS necessary for a proper decision. (b) The scope of the issues at the pub- OR OTHER ELECTRICALLY OPER- lic hearing is the same as the scope of ATED ARTICLES INTENDED FOR the issues on appeal at the public hear- USE BY CHILDREN ing unless the Commission specifies otherwise. Subpart A—Regulations (c) As soon as possible after the filing Sec. of briefs and the presentation of any 1505.1 Definitions. oral argument, the Commission will 1505.2 Scope of part. issue a final decision in the proceeding, 1505.3 Labeling. which meets the requirements estab- 1505.4 Manufacturing requirements. lished in § 1502.40 (b) and (c). 1505.5 Electrical design and construction. (d) The Commission may adopt the 1505.6 Performance. 1505.7 Maximum acceptable surface tem- initial decision as the final decision. peratures. (e) Notice of the Commission’s deci- 1505.8 Maximum acceptable material tem- sion will be published in the FEDERAL peratures. REGISTER. The Commission may also publish the decision when it is of wide- Subpart B—Policies and Interpretations spread interest. 1505.50 Stalled motor testing. § 1502.43 Reconsideration and stay of 1505.51 Hot surfaces. Commission’s action. AUTHORITY: 15 U.S.C. 1261–1262, 2079. Following notice or publication of SOURCE: 38 FR 27032, Sept. 27, 1973, unless the final decision, a participant may otherwise noted. petition the Commission for reconsideration of any part or all of the deci- Subpart A—Regulations sion or may petition for a stay of the decision. § 1505.1 Definitions. (a) The following definitions apply to Subpart H—Judicial Review this part 1505: (1) The term ‘‘electrically operated § 1502.44 Review by the courts. toy or other electrically operated arti- (a) The Commission’s final decision cle intended for use by children’’ means constitutes final agency action from any toy, game, or other article de- which a participant may petition for signed, labeled, advertised, or other- judicial review under the statutes gov- wise intended for use by children which erning the matter involved. Before re- is intended to be powered by electrical questing an order from a court for a current from nominal 120 volt (110–125 stay of the Commission’s action pend- v.) branch circuits. Such articles are ing judicial review, a participant shall referred to in this part in various con- first submit a petition for a stay of ac- texts as ‘‘toy’’ or ‘‘electrically operated tion under § 1502.43. toy.’’ If the package (including packing (b) Under 28 U.S.C. 2112(a), CPSC will materials) of the toy or other article is request consolidation of all petitions intended to be used with the product, it related to a particular matter. is considered to be part of the toy or other article. This definition does not § 1502.45 Copies of petitions for judi- include components which are powered cial review. by circuits of 30 volts r.m.s. (42.4 volts The General Counsel of CPSC has peak) or less, articles designed pri- been designated by the Commission as marily for use by adults which may be the officer on whom copies of petitions used incidentally by children, or video for judicial review are to be served. games. This officer is responsible for filing the (2) The term video games means video record on which the final decision is game hardware systems, which are based. The record of the proceeding is games that both produce a dynamic certified by the Secretary of the Com- video image, either on a viewing screen mission. that is part of the video game or,

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through connecting cables, on a tele- (ii) The electrical ratings required by vision set, and have some way to con- paragraph (c) of this section. trol the movement of at least some (iii) Any precautionary statements portion of the video image. required by paragraph (e) of this sec- [38 FR 27032, Sept. 27, 1973, as amended at 58 tion. FR 40335, July 28, 1993] (3) Each toy shall be provided with adequate instructions that are easily § 1505.2 Scope of part. understood by children of those ages This part sets forth the requirements for which the toy is intended. The in- whereby electrically operated toys and structions shall describe the applicable other electrically operated articles in- installation, assembly, use, cleaning, tended for use by children (as defined maintenance (including lubrication), in § 1505.1(a)(1)) are not banned toys or and other functions as appropriate. Ap- banned articles under § 1500.18(b)(1) of plicable precautions shall be included this chapter. as well as the information required by paragraphs (b) (1) and (2) of this sec- § 1505.3 Labeling. tion, except that the date of manufac- (a) General. Electrically operated ture information described in para- toys, and the instruction sheets and graph (b)(1)(iii) of this section need not outer packaging thereof, shall be la- be included in the instructions pro- beled in accordance with the require- vided with the toy if it is placed on the ments of this section and any other ap- toy itself. The instructions shall also plicable requirements of the Federal contain a statement addressed to par- Hazardous Substances Act and regula- ents recommending that the toy be pe- tions promulgated thereunder. All la- riodically examined for potential haz- beling shall be prominently and con- ards and that any potentially haz- spicuously displayed under customary ardous parts be repaired or replaced. conditions of purchase, storage, and (4) If a toy is produced or assembled use. All required information shall be at more than one establishment, the readily visible, noticeable, clear, and, toy and its shelf pack or package shall except where coding is permitted, shall have a distinctive mark (which may be be in legible English (other languages in code) identifying the toy as the may also be included as appropriate). product of a particular establishment. Such factors governing labeling as lo- (c) Rating. (1) A toy shall be marked cation, type size, and contrast against to indicate its rating in volts and also background may be based on necessary in amperes and/or watts. condensations to provide a reasonable (2) If a toy utilizes a single motor as display. its only electric energy consuming (b) Specific items. (1) The toy shall be component, the electrical rating may marked in accordance with the provi- be marked on a motor nameplate and sions of paragraph (d) of this section to need not be marked elsewhere on the indicate: toy if the nameplate is readily visible (i) The electrical ratings required by after the motor has been installed in paragraph (c) of this section. the toy. (ii) Any precautionary statements re- (3) A toy shall be rated for alter- quired by paragraph (e) of this section. nating current only, direct current (iii) The date (month and year) of only, or both alternating and direct manufacture (or appropriate codes). As current. an alternative to putting this informa- (4) The alternating current rating tion on the toy itself, it may be in- shall include the frequency or fre- cluded in the instructions provided quency range requirement, if necessary with the toy (see paragraph (b)(3) of because of a special component. this section). (d) Markings. (1) The markings re- (2) The shelf pack or package of the quired on the toy by paragraph (b) of toy shall be labeled in accordance with this section shall be of a permanent na- the provisions of paragraph (d) of this ture, such as paint-stenciled, die- section to indicate: stamped, molded, or indelibly stamped. (i) The date (month and year) of man- The markings shall not be permanently ufacture (or appropriate codes). obliterable by spillage of any material

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intended for use with the toy and shall PRODUCT’’ may be substituted for the not be readily removable by cleaning term ‘‘ELECTRIC TOY.’’ with ordinary household cleaning sub- (2) Thermal hazards. (i) Toys having stances. All markings on the toy and Type C or Type D surfaces (described in labeling of the shelf pack or package § 1505.6(g)(2)) which reach temperatures required by paragraph (b) of this sec- greater than those shown in paragraph tion shall contrast sharply with the (e)(2)(ii) of this section shall be defined background (whether by color, projec- as hot and shall be marked where read- tion, or indentation) and shall be readily noticeable when the hot surface is ily visible and legible. Such markings in view with the statement: ‘‘HOT—Do and labeling shall appear in lettering Not Touch.’’ When the marking is on of a height not less than that specified other than the hot surface, the word in paragraph (d)(2) of this section, ex- ‘‘HOT’’ shall be followed by appropriate cept that those words shown in capital descriptive words such as ‘‘Molten Ma- letters in paragraph (e) of this section terial,’’ ‘‘Sole Plate,’’ or ‘‘Heating Ele- shall appear in capital lettering of a ment,’’ and the statement ‘‘Do Not height not less than twice that speci- Touch.’’ An alternative statement for a fied in paragraph (d)(2) of this section. surface intended to be handheld as a (2) Minimum lettering heights shall functional part of the toy shall be be as follows: ‘‘HOT llll Handle Carefully,’’ the blank being filled in by the manufac- SURFACE AREA DISPLAY MARKING, MINIMUM turer with a description of the poten- HEIGHT OF LETTERING tial hazard such as ‘‘Curler’’ or ‘‘Cooking Surface.’’ Square inches Inches (ii) Surfaces requiring precautionary statements of thermal hazards are Under 5 ...... 1⁄16 5 or more and under 25 ...... 1⁄8 those exceeding the following tempera- 25 or more and under 100 ...... 3⁄16 tures when measured by the test de- 100 or more and under 400 ...... 1⁄4 scribed in § 1505.6(g)(4): 400 or more ...... 1⁄2 Surface type Thermal in- Temperature (see § 1505.6 1 (e) Precautionary statements—(1) Gen- (g)(2)) ertia type Degrees C. Degrees F. eral. Electrically operated toys shall bear the statement: CAUTION—ELEC- C ...... 1 65 149 ‘‘ C ...... 2 75 167 TRIC TOY.’’ The instruction booklet or C ...... 3 85 185 sheet accompanying such toys shall C ...... 4 95 203 bear on the front page thereof (in the D ...... 1 55 131 D ...... 2 70 158 type size specified in § 1500.121), as a D ...... 3 80 176 preface to any written matter con- D ...... 4 90 194 tained therein, and the shelf pack or 1 Thermal inertia types are defined in terms of lambda as package of such toys shall bear in the follows: Type 1: Greater than 0.0045 (e.g., most metals). upper right hand quarter of the prin- Type 2: More than 0.0005 but not more than 0.0045 (e.g., cipal display panel, the statement: glass). Type 3: More than 0.0001 but not more than 0.0005 (e.g., ‘‘CAUTION—ELECTRIC TOY: Not rec- most plastics). ommended for children under ll Type 4: 0.0001 or less (e.g., future polymeric materials). The thermal inertia of a material can be obtained by multi- years of age. As with all electric prod- plying the thermal conductivity (cal./em./sec./degrees C.) by ucts, precautions should be observed the density (gm./cm.3) by the specific heat (cal./gm./degrees during handling and use to prevent C.) electric shock.’’ The blank in the pre- (3) Lamp hazards—(i) Replaceable in- ceding statement shall be filled in by candescent lamps. A toy with one or the manufacturer, but in no instance more replaceable incandescent lamps, shall the manufacturer indicate that having a potential difference of more the article is recommended for children than 30 volts r.m.s. (42.4 volts peak) be- under 8 years of age if it contains a tween any of its electrodes or heating element. In the case of other lampholder contacts and any other electrically operated products which part or ground, shall be marked inside may not be considered to be ‘‘toys’’ but the lamp compartment where readily are intended for use by children, the noticeable during lamp replacement term ‘‘ELECTRICALLY OPERATED with the statement: ‘‘WARNING—Do

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not use light bulbs larger than ll ployee to inspect and copy such watts’’, the blank being filled in by the records, to make such inventories of manufacturer with a number specifying stock as he deems necessary, and to the wattage rating of the lamp. Such otherwise verify the accuracy of such toys shall bear the statement: ‘‘WARN- records. ING—Shock Hazard. Pull plug before (4) Toys shall be constructed and fin- changing light bulb’’ on the outside of ished with a high degree of uniformity the lamp compartment where it will be and as fine a grade of workmanship as readily noticed before gaining access to is practicable in a well-equipped manu- the lamp compartment. facturing establishment. Each compo- (ii) Nonreplacement incandescent nent of a toy shall comply with the re- lamps. A toy which utilizes one or more nonreplaceable incandescent lamps quirements set forth in this part. (other than pilot or indicator lamps) (b) [Reserved] shall be marked where clearly visible (c) Protective coatings. Iron and steel with the statement: ‘‘SEALED UNIT— parts shall be suitably protected Do not attempt to change light bulb’’ against corrosion if the lack of a pro- or equivalent. tective coating would likely produce a (4) Water. If not suitable for immer- hazardous condition in normal use or sion in water, a toy cooking appliance when the toy is subjected to reasonably (such as a corn popper, skillet, or foreseeable damage or abuse. candy-maker) or other article which (d) Mechanical assembly—(1) General. may conceivably be immersed in water A toy shall be designed and con- shall be marked with the statement: structed to have the strength and ri- ‘‘DANGER—To prevent electric shock, gidity necessary to withstand reason- do not immerse in water; wipe clean ably foreseeable damage and abuse with damp cloth’’ or equivalent. without producing or increasing a [38 FR 27032, Sept. 27, 1973, as amended at 42 shock, fire, or other accident hazard. FR 34280, July 5, 1977; 42 FR 43392, Aug. 29, An increase in hazards may be due to 1977] total or partial structural collapse of the toy resulting in a reduction of crit- § 1505.4 Manufacturing requirements. ical spacings, loosening or displace- (a) General. (1) Only materials safe ment of one or more components, or and suitable for the particular use for other serious defects. which the electrically operated toy is (2) Mounting. Each switch, intended shall be employed. lampholder, motor, automatic control, (2) Toys shall be produced in accord- transformer, and similar component ance with detailed material specifica- shall be securely mounted and shall be tions, production specifications, and prevented from turning, unless the quality assurance programs. Quality turning of such component is part of assurance programs shall be established and maintained by each manu- the design of the toy and produces no facturer to assure compliance with all additional hazard such as reduced requirements of this part. spacings below acceptable levels or (3) The manufacturer or importer stress on the connection. Friction be- shall keep and maintain for 3 years tween tight-fitting surfaces shall not after production or importation of each be considered sufficient for preventing lot of toys (i) the material and produc- the turning of components. The proper tion specifications and the description use of a suitable lockwasher or a keyed of the quality assurance program re- and notched insert plus a suitable lock- quired by paragraph (a)(2) of this sec- washer for single-hole mountings shall tion, (ii) the results of all inspections be acceptable. Each toy shall be de- and tests conducted, and (iii) records of signed and constructed so that vibra- sale and distribution. These records tions occurring during normal oper- shall be made available upon request at ation and after reasonably foreseeable reasonable times to any officer or em- damage or abuse will not affect it ad- ployee of the Consumer Product Safety versely. Brush caps shall be tightly Commission. The manufacturer or im- threaded or otherwise designed to pre- porter shall permit such officer or em- vent loosening.

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(3) Structural integrity. Heating ele- uninsulated live part or parts at a po- ments shall be supported in a substan- tential of more than 30 volts r.m.s. (42.4 tial and reliable manner and shall be volts peak) to any other part or to structurally prevented from making ground: contacts inside or outside of the toy (i) Shall be sealed by welding, riv- which may produce shock hazards. The eting, adhesive bonding, and/or by spe- current-carrying component(s) of the cial screws or other fasteners not re- heating element shall be enclosed, and movable with a common household tool the enclosure shall be designed or insu- (screwdriver, pliers, or other similar lated to prevent the development of a household tool) used as intended; and shock or fire hazard that may result (ii) Shall have no opening permitting from element failure. A toy operating entry of a 0.010-inch-diameter music with a gas or liquid under pressure, wire that could contact a live part. such as an electrically operated steam Cross-notch-head screws, spring clips, engine, shall be tested with respect to bent tabs, and similar fasteners shall its explosion hazard and shall be pro- not be considered suitable sealing de- vided with a pressure relief device that vices for enclosures since they are easy will discharge in the safest possible di- to remove with common household rection; that is, avoiding direct human tools. Bent tabs shall be acceptable if, contact and avoiding the wetting of due to metal thickness or other fac- electrical contacts. tors, they successfully resist forceful (e) Insulating material. (1) Material to attempts to dislodge them with ordi- be used for mounting uninsulated live nary tools. electrical elements shall be generally (3) Nonapplication. The requirements accepted as suitable for the specific ap- of this paragraph are not applicable to plication, particularly with regard to an insulating husk enclosure or equiva- electrical insulation (voltage break- lent that covers the electrodes of a re- down) and good aging characteristics placeable incandescent lamp and its (no significant change in insulating lampholder contacts. The primary characteristics over the expected life- function of an enclosure containing a time of the toy). lamp shall be to protect it from break- (2) Material used to insulate a heat- age during normal use or reasonably ing element from neighboring parts foreseeable damage or abuse. shall be suitable for the purpose. If (g) Spacings. The distance, through plain asbestos in a glass braid is used air or across the surface of an insu- to so insulate the heating element, it lator, between uninsulated live metal shall be tightly packed and totally en- parts and a metallic enclosure and be- closed by the braid, and the overall tween uninsulated live metal parts and thickness, including the braid, shall all other metal parts shall be suitable not be less than one-sixteenth inch. for the specific application as deter- Hard fiber may be used for electrically mined by the dielectric strength re- insulating bushings, washers, separa- quirements prescribed by § 1505.6(e)(2). tors, and barriers, but is not sufficient Electrical insulating linings on bar- as the sole support of uninsulated live riers shall be held securely in place. metal parts. (h) Special safety features—(1) Moving (f) Enclosures—(1) General. Each toy parts. If the normal use of a toy in- shall have an enclosure constructed of volves accident hazards, suitable pro- protective material suitable for the tection shall be provided for the reduc- particular application, for the express tion of such hazards to an acceptable purpose of housing all electrical parts minimum. For example, rotors, pul- that may present a fire, shock, or other leys, belting, gearing, and other mov- accident hazard under any conditions ing parts shall be enclosed or guarded of normal use or reasonably foreseeable to prevent accidental contact during damage or abuse. Enclosures shall normal use or when subjected to rea- meet the performance requirements sonably foreseeable damage or abuse. prescribed by § 1505.6(b). Such enclosure or guard shall not con- (2) Accessibility. An enclosure contain openings that permit entrance of a taining a wire, splice, brush cap, con- 1⁄4-inch-diameter rod and present a haz- nection, electrical component, or ardous condition.

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(2) Switch marking. Any toy having § 1505.5 Electrical design and con- one or more moving parts which per- struction. form an inherent function of the toy (a) Switches. (1) Switches and other and which may cause personal injury control devices of electrically operated shall have a switch that can deenergize toys shall be suitable for the applica- the toy by a simple movement to a tion and shall have a rating not less plainly marked ‘‘OFF’’ position. Mo- than that of the load they control (see mentary contact switches which are § 1505.6(e)(5)(ii) regarding electrical normally in the ‘‘OFF’’ position need switch overload). A switch that con- not be so marked. trols a replaceable incandescent lamp, (3) Electrically operated sewing ma- electrode, or lampholder contact which chines. Electrically operated toy sew- is at a potential of more than 30 volts ing machines shall be designed and r.m.s. (42.4 volts peak) to any other constructed to eliminate the possi- part or to ground shall open both sides bility of a child’s finger(s) being of the circuit and shall have a marked pierced by a needle. For the purpose of ‘‘OFF’’ position. A switch that may rea- this paragraph, a clearance of not more sonably be expected to be subjected to than five thirty-seconds of an inch temperatures higher than 50 °C. (122 below the point of the needle when in °F.) shall be constructed of materials its uppermost position or below the which are suitable for use at such tem- presser foot, if provided, shall be con- peratures. sidered satisfactory. (2) Switches shall be located and pro- (4) Pressure relief valves. A pressurized tected so that they are not subject to enclosure shall have an automatic mechanical damage that would produce pressure relief device and shall be capa- a hazard in normal use or from reason- ble of withstanding hydrostatic pres- ably foreseeable damage or abuse (see sure equal to at least five times the re- § 1505.6(b)). lief pressure. (b) Lamps. (1) A replaceable incandes- (5) Containers for heated materials. cent lamp having a voltage of more Containers intended for holding molten than 30 volts r.m.s. (42.4 volts peak) be- compounds and hot liquids shall be de- tween any of its electrodes or signed and constructed to minimize ac- lampholder contacts and any other cidental spillage. A pot or pan having a part or ground shall be in an enclosure lip and one or more properly located that has at least one door or cover per- pouring spouts and an adequately ther- mitting access to the lamp. Such mally insulated handle may provide door(s) or cover(s) of the enclosure satisfactory protection. Containers in- shall be so designed and constructed tended solely for baking need not be that they cannot be opened manually designed and constructed to minimize or with a flat bladed screwdriver or accidental spillage. Containers shall be pliers. of such material and construction t+at (2) With all access doors and covers they will not deform or melt when sub- closed, the lamp enclosure shall have jected to the maximum operating tem- no opening that will permit entry of a perature occurring during normal use straight rod 6 inches long and one- or after reasonably foreseeable damage fourth inch in diameter if such entry or abuse. would present an electrical hazard. The (6) Water. Electrically operated toys lamp shall be located no less than one- (such as toy irons) shall not be de- half inch from any 1⁄4-inch-diameter signed or manufactured to be used with opening in the enclosure. water except for toy steam engines or (3) A toy having one or more other devices in which the electrical lampholders shall be designed and con- components are separate from the structed so that no live parts other water reservoir and are completely than the contacts of the lampholders contained in a sealed chamber. Toys re- are exposed to contact by persons requiring occasional or repeated cleaning moving or replacing lamps. The shells with a wet cloth shall be constructed of all lampholders for incandescent to prevent seepage of water into any lamps shall be at the same potential. electrically active area that may (4) If the potential between the con- produce a hazardous condition. tacts of a lampholder for a replaceable

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incandescent lamp and any other part up to the face of the attachment-plug or ground is greater than 30 volts r.m.s. cap. However, hand-held educational or (42.4 volts peak), the contacts shall be hobby-type products intended for heat- located in an insulating husk or equiv- ing such as woodburning tools, shall alent. use one of the type cords designated (c) Transformers. Transformers that below, in accordance with the weight of are integral parts of toys shall be of the product without the cord: the 2-coil insulated type. (d) Automatic controls. Automatic con- WEIGHT OF APPLIANCE (WITHOUT CORD) AND CORD TYPE trols for temperature regulations shall have the necessary capacity and reli- 1⁄2 lb. (0.227 kg) and lighter: SP–1, SPT–1, ability for their particular application. HPD. Heavier than 1⁄2 lb. (0.227 kg): SP–2, (e) Power supply connections (cords SPT–2, SV, SVO, SVT, SVTO, HPD, HPN, SJ, SJO, SJT, SJTO. and plugs). (1) A toy shall be provided (6) A flexible cord and plug shall have with a suitable means for attachement a current-carrying capacity of not less to the power supply circuit. than the ampere rating of the toy, and (2) A toy requiring a power cord shall the conductor of the cord shall have a have a flexible cord that is perma- cross sectional area no less than No. 18 nently attached to the toy. AWG (American wire gauge). (3) The perimeter of the face of the (7) Cords on toys which are intended attachment-plug cap shall be not less to come in direct contact with water or than five-sixteenths of an inch from other liquids during use shall be of a any point on either blade of the plug. jacketed type. Cords on toys with (4) The body of the attachment-plug which water or other liquids are to be cap shall decrease in cross section from indirectly used (such as for cooling a the face but shall have an expansion of mold) shall be plastic covered. the body, after a suitable distance from (8) Transformers in which the pri- the face, sufficient to provide an effec- mary coil connects directly to the tive finger grip. branch circuit outlet shall not be sub- (5) A flexible electrical power cord ject to the requirements of paragraphs provided on a toy shall be type SP–2 (as (e) (2), (4), and (5) of this section. defined in the National Electrical ‘‘ (f) Bushings. (1) At the point where a Code,’’ Chapter 4, article 400, pages 230– power supply cord passes through an 241 (1978) 1, or its equivalent, or a heav- opening in a wall, barrier, or the over- ier general-use type, and shall be not all enclosure of a toy, a suitable and less than 5 feet nor more than 10 feet in substantial bushing, insulating bush- length when measured as the overall length of the attached cord outside the ing, or equivalent shall be reliably se- enclosure of the toy, including fittings, cured in place and shall have smooth surfaces and well-rounded edges against which the cord may bear. 1 NFPA No. 70–1978, 1978 edition of National (2) If a cord hole is in wood, por- Electrical Code, Article 400, ‘‘Flexible Cords and Cables,’’ pages 70–230 through 70–240, pub- celain, phenolic composition, or other lished by the National Fire Protection Asso- suitable insulating material, the sur- ciation, which is incorporated by reference. face of the hole is acceptable without a Copies of this document are available from bushing if the edges of the hole are the National Fire Protection Administra- smooth and well-rounded. Where a sep- tion, 60 Batterymarch Park, Quincy, Massa- arate insulating bushing is required, a chusetts 02269. This document is also avail- bushing made of ceramic material or a able for inspection at the National Archives and Records Administration (NARA). For in- suitable molded composition is accept- formation on the availability of this mate- able if its edges are smooth and well- rial at NARA, call 202–741–6030, or go to: rounded. http://www.archives.gov/federallregister/ (3) In no instance shall a separate codeloflfederallregulations/ bushing of wood, rubber, or any of the ibrllocations.html. This incorporation by ref- hot-molded shellac-and-tar composi- erence was approved by the Director of the tions be considered acceptable. Federal Register. These materials are incorporated as they exist in the edition which (g) Wiring. (1) The internal wiring of has been approved by the Director of the a toy shall consist of suitable insulated Federal Register and which has been filed conductors having adequate mechan- with the Office of the Federal Register. ical strength, dielectric properties, and

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electrical capacity for the particular cord. For heavier types of thermo- application. plastic-insulated cord, clamps may be (2) Wireways shall be smooth and en- without auxiliary insulation unless the tirely free of sharp edges, burrs, fins, clamp may damage the cord insulation. and moving parts that may abrade con- (3) A flexible cord shall be prevented ductor insulation. Each splice and con- from being pushed into the toy through nection shall be mechanically secure, the cord-entry hole if such displace- shall provide adequate and reliable ment would result in a hazardous con- electrical contact, and shall be pro- dition. vided with insulation at least equiva- (4) A knot in the cord shall not be lent to that of the wire involved unless considered an acceptable means of adequate spacing between the splice strain relief, but a knot associated and all other metal parts is perma- with a loop around a smooth, fixed nently assured. structural component shall be consid- (3) A wire connector for making a ered acceptable. splice in a toy shall be a type that is (i) Additional requirements. Except for applied by a tool and for which the ap- the electrodes of a replaceable incan- plication force of the tool is inde- descent lamp and its lampholder con- pendent of the force applied by the op- tacts, a potential of more than 30 volts erator. r.m.s. (42.4 volts peak) shall not exist (4) Soldered connections shall be between any exposed live part in a toy made mechanically secure before sol- and any other part or ground. dering. (Sec. 30(a), 86 Stat. 1231 (15 U.S.C. 2079(a))) (5) Current-carrying parts shall be made of silver, copper, a copper alloy, [38 FR 27032, Sept. 27, 1973, as amended at 43 or other electrically conductive mate- FR 45552, Oct. 3, 1978; 46 FR 63251, Dec. 31, rial suitable for the particular applica- 1981] tion. § 1505.6 Performance. (h) Strain relief. (1) A means of strain relief shall be provided to prevent me- (a) General. Electrically operated chanical stress on a flexible cord from toys and components thereof shall be being transmitted to terminals, splices, tested by the appropriate methods de- or interior wiring. scribed in this section and shall pass (2) If suitable auxiliary insulation is the tests in such a manner as to pro- provided under a clamp for mechanical vide the necessary assurance that nor- protection, clamps of any material are mal use and reasonably foreseeable acceptable for use on Type SP–2 (as de- damage or abuse will not produce a fined in the ‘‘National Electrical Code,’’ hazard or a potentially hazardous con- chapter 4, article 400, pages 184–194 dition. The toy shall be capable of pass- (1971) 2) or equivalent rubber-insulated ing all applicable tests with any door, cover, handle, operable part, or acces- 2 NFPA No. 70–1971, 1971 edition of National sory placed in any normal position. A Electrical Code, Article 400, ‘‘Flexible Cords toy shall not present a fire, casualty, and Cables,’’ pages 70–184 through 70–194, pub- or shock hazard when operated con- lished by the National Fire Protection Asso- tinuously for 6 hours under conditions ciation, which is incorporated by reference. of normal use and reasonably foresee- Copies of this document are available from able damage or abuse, including the the National Fire Protection Association, 60 most hazardous position in which the Batterymarch Park, Quincy, Massachusetts toy can be left. 02269. This document is also available for inspection at the National Archives and (b) Enclosures. For the purposes of Records Administration (NARA). For infor- this section, the term enclosure means mation on the availability of this material any surface or surrounding structure at NARA, call 202–741–6030, or go to: http:// which prevents access to a real or po- www.archives.gov/federallregister/ tential hazard. An enclosure shall codeloflfederallregulations/ withstand impact, compression, and ibrllocations.html. This incorporation by ref- pressure tests (see paragraphs (b)(1), erence was approved by the Director of the Federal Register. These materials are incorporated as they exist in the edition which Federal Register and which has been filed has been approved by the Director of the with the Office of the Federal Register.

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(2), and (3) of this section) without de- toy shall be in an upright position on a veloping any openings above those flat, horizontal solid surface. specified, reduction of electrical (c) Handles and knobs—(1) General. spacings below those specified, or other For the purposes of tests in this para- fire, casualty, or shock hazards, includ- graph, the parts of a lifting handle on ing the loosening or displacement of a toy that are within seven-sixteenths components but excluding breakage of of an inch of the surface to which the a lamp. After completion of each test, handle is attached, or the parts of a the toy shall comply with the require- lifting knob that are within one-fourth ments of the dielectric strength test inch of the surface to which the knob is described in paragraph (e)(2) of this attached, are considered to be for sup- section and, upon visual examination, port purposes, and the remainder of the shall not evidence the development of handle or knob is considered to be gen- any hazards. Rupture of a fuse shall be erally functional in nature. A handle or considered a test failure. knob shall withstand crushing and lift- (1) Impact test. A toy weighing 10 ing tests (see paragraphs (c)(2) and (3) pounds or less shall be dropped four of this section) without fracture of the times from a height of 3 feet onto a 21⁄2 handle or knob, development of an inch thick concrete slab covered with opening that may pinch the hand, or 0.125 inch nominal thickness vinyl breakage of the means used to fasten title. The impact area shall be at least the handle or knob in place. 3 square feet. The test shall be con- (2) Crushing test. The functional por- ducted while the toy is energized and tion of a handle or knob shall be sub- operating and with all dead metal of jected to a crushign force increasing to the toy that may be energized con- 20 pounds over a period of 5 seconds and nected together electrically and maintained for 1 minute. The force grounded through a 3-ampere plug fuse. shall be applied through two flat and The toy shall be dropped in random ori- parallel hardwood blocks, each at least entation. After each drop the test sam- 21⁄2 inches thick and each having di- ple shall be allowed to come to rest and mensions slightly exceeding those of examined and evaluated before continuing. the handle or knob being tested. The crushing force between the blocks shall (2) Compression test. Any area on the be exerted in any direction perpen- surface of the enclosure that is acces- dicular to the major axis of the handle sible to a child and inaccessible to flat- surface contact during the impact test or knob. shall be subjected to a direct force of 20 (3) Lifting test. The support portion of pounds for 1 minute. The force shall be a handle or knob shall be subjected to applied over a period of 5 seconds a force equal to four times the weight through the axis of a 1⁄2-inch-diameter of the object it is intended to support. metal rod having a flat end with the The direction of the lifting force shall edge rounded to a radius of one thirty- be as intended by the design of the toy seconds of an inch to eliminate sharp and shall be applied through a 1⁄2-inch- edges. The axis of the rod shall be per- wide strap through or around a handle pendicular to the surface being tested. or by fingers or the equivalent on a During the test the toy shall rest on a knob. The force shall be applied over a flat, hard surface in any test-conven- period of 5 seconds through the center ient position. of gravity of the toy and maintained (3) Pressure test. If any portion of the for 1 minute. top of a toy has a flat surface meas- (d) Stability. A toy shall not overturn uring 24 square inches or more and a while resting in an upright position on minor dimension of at least 3 inches, a flat surface inclined 15° from hori- that surface shall be subjected to a di- zontal. No spillage of molten material rect vertical pressure increasing to 50 or hot liquids from containers shall pounds over a period of 5 seconds and occur while the toy is operating in this maintained for 1 minute. The force position under normal conditions of shall be applied through a steel ball 2 use. During this test, casters, if any, inches in diameter. During the test the shall be in the position most likely to

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result in tipping, but shall not be arti- is determined by this method, the toy ficially held in one position to prevent need not be in a heated condition. a natural rotation to another position. (3) Leakage current and repeated dielec- (e) Electrical—(1) Power input. The ac- tric withstand tests. (i) Both before and tual current flow in a toy without a after being conditioned, a toy intended heating element shall not exceed 110 to operate from a source exceeding 42.4 percent of the rated value, and shall volts peak shall: not exceed 5.5 amperes, at rated volt- (A) Not have a leakage current ex- age. The power input to a toy with a ceeding 0.5 milliampere, except that heating element shall not exceed 105 during the interval beginning 5 seconds percent of the rated value at rated and terminating 10 minutes after the voltage. The power input rating of a toy is first energized, the leakage cur- toy employing one or more incandes- rent of toys with heating elements cent lamps as the only power-con- other than lamps shall not exceed 2.5 suming components shall be considered to be the total rated wattage of such milliamperes; and lamps. The rated voltage shall be con- (B) Comply with the requirements of sidered to be the mean value of a a repeated dielectric withstand test marked voltage range. both with and without preheating. (2) Dielectric strength. (i) A toy shall (ii) All accessible parts of a toy shall be capable of withstanding without be tested for leakage current. If an in- breakdown for 1 minute a 60-cycle-per- sulating material is used for the enclo- second (60 Hertz) essentially sinusoidal sure or part of the enclosure, the leak- potential of 1,000 volts applied between age current shall be measured using a live parts and any dead metal parts. metal foil with an area not exceeding (ii) If a toy employs a low-voltage 10 by 20 centimeters in contact with ac- secondary winding (either in the form cessible surfaces of such insulating ma- of a conventional transformer or as an terial. Where the accessible surface of insulated coil of a motor), the toy shall insulating material is less than 10 by 20 also be capable of withstanding with- centimeters, the metal foil shall be the out breakdown for 1 minute a sinus- same size as the surface. The metal foil oidal test potential applied between shall be so applied that it will not af- the high-voltage and low-voltage fect the temperature of the toy. The windings. The test potential shall be accessible parts shall be tested individ- applied at the rated frequency of the ually, collectively, and from one part toy and shall have a value of 1,000 volts to another. plus twice the rated voltage of the (iii) Following the initial leakage high-voltage winding. The test poten- current test, the toy shall be cooled tial shall be supplied from a suitable down or heated up to 32 °C. (90 °F.). The capacity-testing transformer, the out- toy shall then be conditioned for 48 put voltage of which can be regulated. hours in air at a temperature of 32° ±2 The waveform of the test voltage shall ° ° ± ° approximate a sine wave as closely as C. (89.6 3.6 F.) and with a relative possible. humidity of 90–95 percent. The specified (iii) The applied test potential shall relative humidity shall be maintained be increased rapidly and uniformly inside a closed compartment in which a from zero until the required test value saturated solution of potassium is reached and shall be held at that sulphate is kept in a suitable con- value for 1 minute. Unless otherwise tainer. Leakage current measurements specified, the toy shall be at the max- shall be made, as specified in para- imum operating temperature reached graph (e)(3)(ii) of this section and be- in normal use prior to conducting the fore the toy is energized, while the toy tests. is in the humidity compartment. (iv) The dielectric strength require- (iv) With the connections intended ments of this subparagraph may also for the source of supply connected be determined by subjecting the toy to thereto and then connected to the a 60-cycle-per-second (60 Hertz) essen- ungrounded side of a power supply cir- tially sinusoidal potential of 1,200 volts cuit having a voltage equal to 110 per- for 1 second. If the dielectric strength cent of the rated voltage of the toy, the

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leakage current through a noninduc- the toy. The performance of the toy tive 1,500-ohm resistor connected be- shall be considered unacceptable if, tween the gounded side of the supply during the test, temperatures higher circuit and each dead metal part (ac- than those specified in § 1505.8 are at- cessible and inaccessible) shall, when tained or if temperatures higher than stable, be measured in accordance with those specified for Type C surfaces in the test provisions established in ANSI § 1505.7 are attained on any accessible Standard C 101.1–1971, ‘‘American Na- surface of the motor. (See also tional Standard for Leakage Current § 1505.50.) for Appliances,’’ approved November 17, (5) Overload—(i) Motor. A motor-con- 1970, which is incorporated by ref- trol switch that is a part of a toy shall erence. Copies of this document are be horsepower-rated to cover the load available from American National or shall be capable of performing ac- Standards Institute, 1430 Broadway, ceptably when subjected to an overload New York, New York 10018. This docu- test consisting of 50 cycles of operation ment is also available for inspection at by making and breaking the stalled- the National Archives and Records Ad- rotor current of the toy at maximum ministration (NARA). For information rated voltage. There shall be no elec- on the availability of this material at trical or mechanical failure nor any NARA, call 202–741–6030, or go to: http:// visible burning or pitting of the switch www.archives.gov/federallregister/ contacts as a result of this test. codeloflfederallregulations/ (ii) Switch. To determine if a motor- ibrllocations.html. This incorporation control switch is capable of performing by reference was approved by the Di- acceptably when subjected to overload rector of the Federal Register. These conditions, the toy shall be connected materials are incorporated as they to a grounded supply circuit of rated exist in the edition which has been ap- frequency and maximum rated voltage proved by the Director of the Federal with the rotor of the motor locked into Register and which has been filed with position. During the test, exposed dead the Office of the Federal Register. metal parts of the toy shall be con- (v) For a toy whose outer enclosure nected to ground through a 3-ampere consists wholly or partly of insulating plug fuse such that any single pole, material, the term dead metal part current-rupturing device will be lo- means metal foil tightly wrapped cated in the ungrounded conductor of around the exterior of the enclosure in the supply circuit. If the toy is in- a manner that covers, but does not tended for use on direct current, or on enter into, any enclosure openings. direct current as well as alternating (4) Motor operation. (i) A motor pro- current, the exposed dead metal parts vided as part of a toy shall be capable of the toy shall be so connected as to of driving its maximum normal load in be positive with respect to a single the toy without introducing any poten- pole, current-rupturing device. The tially hazardous condition. The per- switch shall be operated at a rate of formance of the toy shall be considered not more than 10 cycles per minute. unacceptable if, during the test, tem- The performance of the toy shall be peratures in excess of those specified in considered unacceptable if the fuse in § 1505.7 for Type D surfaces are attained the grounding connection is blown dur- on any accessible surface. The performing the test. ance of the toy shall also be considered (f) Hydrokinetic—(1) General. Elec- unacceptable if the rise in temperature trically operated toy steam engines during the test causes melting, scorch- shall be capable of performing accept- ing, embrittlement, or other evidence ably when subjected to the tests de- of thermal damage to the insulating scribed in this paragraph. material used to prevent exposure of (2) Preliminary test. The ultimate live metal parts. strength of the boiler assembly shall (ii) A motor-operated toy shall be first be determined by applying a hy- tested with the motor stalled if the drostatic pressure to the boiler with all construction of the toy is such that openings blocked (the pressure-relief any person can touch moving parts as- valve, steam exhausts, and any whistle sociated with the motor from outside or other accessory shall be removed

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and the resulting openings sealed); highest temperatures or, in the case of however, a water or other type of gage motor-operated toys, the load that shall be left in place. The hydrostatic most closely approximates the severest pressure shall be applied slowly and the conditions of normal use or reasonably ultimate value which is attained shall foreseeable damage or abuse. be recorded. (2) Classification. Parts or surfaces of (3) Pressure-relief test. A pressure gage a toy are classified according to their shall be connected to the boiler assem- use or function as follows (for the pur- bly which shall then be operated nor- poses of paragraph (g)(2) (v), (vi), and mally. The pressure at which the pres- (vii) of this section, accessibility shall sure-relief valve functions shall be be defined as the ability to reach a noted while the engine is shut off (if a heated surface with a 1⁄4-inch-diameter shutoff valve is provided) and with the rod 3 inches long as described in whistle, if any, turned off. The test § 1505.51(a)): shall be discontinued and shall be considered a failure if the observed pres- (i) Type A. A part or surface of a toy sure exceeds one-fifth the value at- (such as a handle) likely to be grasped tained in the preliminary test de- by the hand or fingers for the purpose scribed in paragraph (f)(2) of this sec- of carrying the toy or lifting a sepa- tion. rable lid. (4) Operating pressure test. If the boil- (ii) Type B. A part or surface of a toy er is still intact and no failure has oc- that is (a) part of a handle, knob, or curred, the pressure-relief valve shall similar component, as in Type A (de- then be rendered inoperable and all scribed in paragraph (g)(2)(i) of this other valves (such as a whistle and ex- section), but which is not normally haust from the assembly) shall be grasped or contacted by the hand or tightly closed. Operations shall be con- fingers for carrying (including parts of tinued until the pressure becomes con- a handle within 7⁄16 inch of the surface stant. This test shall be discontinued to which the handle is attached and and shall be considered a failure if the parts of a finger knob within 1⁄4 inch of observed pressure exceeds one-third the the surface to which the knob is at- value attained in the preliminary test tached, if the remainder of the knob is described in paragraph (f)(2) of this sec- large enough to be grasped), or (b) a tion. During this test, all valves, gas- handle, knob, or part that may be kets, joints, and similar components touched but which need not be grasped shall be sufficiently tightened to pre- for carrying the toy or lifting a lid, vent leakage. Rupture of the boiler or door, or cover (e.g., support part of a of any other fittings supplied with the handle or knob). engine shall be considered a failure. (iii) Type C. A part or surface of a toy (5) Hydrostatic test. If there has been that can be touched by casual contact no failure, two previous untested toys or that can be touched without em- shall withstand for 1 minute a hydrostatic pressure of 5 times the pressure ploying the aid of a common household at which the safety valve operated or 3 tool (screwdriver, pliers, or other simi- times the constant pressure observed lar household tool) and that is either with the pressure-relief valve inoper- (a) a surface that performs an intended able, whichever is greater. During this heating function (e.g., the soleplate of test, all openings shall be blocked (the a flat-iron, a cooking surface, or a pressure-relief valve, steam exhaust heating element surface), or (b) a mate- from the assembly, and any whistle or rial heated by the element and in- other outlet); however, a water or tended to be used as the product of the other type of gage shall remain in toy, excluding pans, dishes, or other place. Rupture of the boiler or of a containers used to hold the material to gage shall be considered a failure. be cooked or baked if a common uten- (g) Thermal—(1) General. The normal sil or other device is supplied with the operation of a toy includes perform- toy and specific instructions are estab- ance in normal use and after being sub- lished for using such a device to re- jected to reasonably foreseeable dam- move the container from the heated age or abuse likely to produce the area. (See also § 1505.51(b))

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(iv) Type C marked. A Type C surface riod to determine that no hazardous which has been marked with a pre- conditions would result from unat- cautionary statement of thermal haz- tended use of the toy. ards in accordance with § 1505.3(e)(2). (ii) Temperature. Normally, tests shall (See also § 1505.51(b)) be performed at an ambient (room) (v) Type D. An accessible part or sur- temperature of 25 °C. (77 °F.); however, face of a toy other than Types A, B, C a test may be conducted at any ambi- or E (see paragraph (g)(2) (i), (ii), (iii) ent temperature within the range of 21° and (vii) of this paragraph). to 30 °C. (69.8° to 86 °F.). (vi) Type D marked. A Type D surface (iii) Voltage. The toy shall be tested which has been marked with a pre- at the voltage indicated in the manu- cautionary statement of thermal haz- facturer’s rating or at 120 volts, which- ards in accordance with § 1505.3(e)(2). ever is greater. (vii) Type E. A heated surface in an (5) Temperature measurements—(i) Gen- oven or other article that is inacces- eral. Temperatures shall be measured sible or protected by an electrical-ther- by means of instruments utilizing mal safety interlock. Such interlocks thermocouples of No. 30 AWG (Amer- shall prohibit the operation of a heat- ican Wire Gage) wire (either copper and ing device whenever such surfaces are constantan or iron and constantan) and accessible and shall not allow accessi- potentiometer-type instruments that bility to such surfaces until the tem- are accurate and are calibrated in ac- peratures of those surfaces have been cordance with current good laboratory reduced to levels below those estab- practices. The thermocouple wire shall lished for Type D surfaces (paragraph conform with the requirements for (g)(2)(v) of this section). ‘‘special’’ thermocouples as listed in the (3) Requirements. When tested under table of limits of error of the conditions described in paragraph thermocouples (Table VIII) in ANSI (g)(4) of this section, a toy shall not at- Standard C 96.1–1964, ‘‘American Stand- tain a temperature at any point suffi- ard for Temperature Measurement ciently high to constitute a fire hazard Thermocouples,’’ approved June 9, 1964, or to adversely affect any materials which is incorporated by reference. employed and shall not show a max- Copies of this document are available imum temperature higher than those from American National Standards In- established by §§ 1505.7 and 1505.8. These stitute, 1430 Broadway, New York, New maximum surface temperature require- York 10018. This standard is also avail- ments are not applicable to edu- able for inspection at the National Ar- cational-or hobby-type products such chives and Records Administration as lead-casting sets and wood-burning (NARA). For information on the avail- tools which are appropriately labeled ability of this material at NARA, call on the shelf pack or package as being 202–741–6030, or go to: http:// intended only for children over 12 years www.archives.gov/federallregister/ of age provided that the maximum sur- codeloflfederallregulations/ face temperature of any such toy does ibrllocations.html. This incorporation not exceed that reasonably required to by reference was approved by the Di- accomplish the intended technical ef- rector of the Office of the Federal Reg- fect. Such toys shall be provided with ister. These materials are incorporated specific instructions and the warning as they exist in the edition which has statements required by and in accord- been approved by the Director of the ance with § 1505.3 (d) and (e), and shall Federal Register and which has been be appropriately identified as edu- filed with the Office of the Federal cational or hobby-type products. Register. (4) Test conditions—(i) General. Tests (ii) Test procedures. The thermocouple shall be conducted while the toy is conjunction and adjacent thermocouple nected to a circuit of 60-cycle-per-sec- lead wire shall be securely held in good ond (60 Hertz) current using the mate- thermal contact with the surface of the rials supplied with the toy or using ma- material whose temperature is being terials otherwise intended to be used measured. In most cases, good thermal with the toy. Following such tests, the contact will result from securely tap- toy shall be energized for a 6-hour pe- ing or cementing the thermocouple in

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place. If a metal surface is involved, (2) The initial 2-minute test shall be brazing or soldering the thermocouple conducted with the force vector par- to the metal may be necessary. The allel to the longitudinal axis of the surface temperatures of a toy shall be cord and perpendicular to the anchor- measured with the toy operating in ing surface of the strain-relief unit. any unattended condition (e.g., with Each test at other angles of stress shall and without opening and closing doors be conducted for periods of 1 minute. or covers) for a sufficient period of The strain-relief means is not accept- time to allow temperatures to become able if, at the point of disconnection of constant, or, in the case of a toy with the cord, there is any movement of the a thermostatically controlled heating cord to indicate that stress would have element, for a sufficient period of time resulted on the conections. to determine the maximum surface (3) Except for toys weighing more temperature attained. A temperature than 10 pounds, the strain-relief unit shall be considered to be constant when and its support base shall be designed three successive readings taken at 15- and constructed in such a manner that minute intervals indicate no change. no indication of stress would result (iii) Heating devices. Toy ovens, cast- which would produce a hazard when the ing toys, popcorn and candy makers, cord is held firmly in place 3 feet from and other toys requiring the insertion the strain-relief unit and the toy is of any materials or substances shall be dropped the 3 feet at any angle. additionally tested by feeding crum- [38 FR 27032, Sept. 27, 1973; 38 FR 30105, Nov. pled strips of newspaper and tissue 1, 1973, as amended at 43 FR 26428 June 20, paper into or onto the toy in place of 1978; 46 FR 63251, Dec. 31, 1981; 51 FR 34199, the intended materials or substances. Sept. 26, 1986] The test strips shall be conditioned for at least 48 hours in air at a tempera- § 1505.7 Maximum acceptable surface ture of 25° ±4 °C. (77° ±7 °F.) and a rel- temperatures. ative humidity of 50 percent ±5 percent. The maximum acceptable surface The test strips shall be 2 inches wide temperatures for electrically operated by 8 inches long before crumpling. The toys shall be as follows: crumpled paper shall occupy not more than 25 percent of the accessible vol- Surface type (as de- Thermal Temperatures scribed—in § 1505.6 inertia ume. The performance of the toy shall (g)(2)) type 1 °C. °F. be considered unacceptable if flaming occurs within a 60-minute period fol- A ...... 1 50 122 A ...... 2 55 131 lowing the attainment of normal oper- A ...... 3 60 140 ating temperatures. If a light bulb is B ...... 1 55 131 used for heating purposes, the test B ...... 2 65 149 shall be conducted using the largest B ...... 3 75 167 C (unmarked) ...... 1 65 149 wattage bulb that can be easily in- C (unmarked) ...... 2 75 167 serted into the socket. C (unmarked) ...... 3 85 185 (h) Strain-relief test. (1) The strain-re- C (unmarked) ...... 4 95 203 lief means provided on the flexible C marked ...... 1 70 158 C marked ...... 2 90 194 power cord of a toy shall be capable of C marked ...... 3 110 230 withstanding a direct pull of 35 pounds C marked ...... 4 130 266 applied to the cord for 2 minutes with- D (unmarked) ...... 1 55 131 D (unmarked) ...... 2 70 158 out displacement of the strain-relief D (unmarked) ...... 3 80 176 unit or a deformation of the anchoring D (unmarked) ...... 4 90 194 surface that would produce a stress D marked ...... 1 60 140 which would result in a potentially D marked ...... 2 75 167 D marked ...... 3 100 212 hazardous condition. A 35-pound weight D marked ...... 4 125 257 shall be attached to the cord and sup- E ...... (2)(3)(3) ported by the toy in such a manner 1 Thermal inertia types are defined in terms of lambda as that the strain-relief means is stressed follows: Type 1: Greater than 0.0045 (e.g., most metals). from any angle that the construction Type 2: More than 0.0005 but not more than 0.0045 (e.g., of the toy permits. The test shall be glass). Type 3: More than 0.0001 but not more than 0.0005 (e.g., conducted with the electrical connec- most plastics). tion within the toy disconnected. Type 4: 0.0001 or less (e.g., future polymeric materials).

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§ 1505.8 Maximum acceptable material temperatures. The maximum acceptable material temperatures for electrically operated toys shall be as follows (Classes 105, 130, A, and B are from ‘‘Motors and Generators,’’ Standard MG–1–1967 1 published by the National Electrical Manufacturers Asso- ciation):

Material Degrees C. Degrees F.

Capacitors ...... (1) (1) Class 105 insulation on windings or relays, solenoids, etc.: Thermocouple method 2 ...... 90 194 Resistance method ...... 110 230 Class 130 insulation system ...... 110 230 Insulation: Varnished-cloth insulation ...... 85 185 Fiber used as electrical insulation ...... 90 194

Class A Class B Class A Class B

Insulation on coil windings of a.c. motors (not including universal motors) and on vibrator coils: In open motors and on vibrator coils—thermocouple or resistance method 2 ...... 100 120 212 248 In totally enclosed motors—thermocouple or resistance method 2 ...... 105 125 221 257 Insulation on coil windings of d.c. motors and of universal motors: In open motors: Thermocouple method 2 ...... 90 110 194 230 Resistance method ...... 100 120 212 248 In totally enclosed motors: Thermocouple method 2 ...... 95 115 203 239 Resistance method ...... 105 125 221 257 Phenolic composition 3 ...... 150 302 ...... Rubber- or thermoplastic-insulated wires and cords 3 ...... 60 140 ...... Sealing compound ...... (4) (5) ...... Supporting surface while the toy is operating normally ...... 90 194 ...... Wood and other similar combustible material ...... 90 194 ...... 1 If the capacitor has no marked temperature limit, the maximum acceptable temperature will be assumed to be 65 °C. (149 °F.) for an electrolytic type and 90 °C. (194 °F.) for other than an electrolytic type. 2 The temperature indicated refers to the hottest spot on the outside surface of the coil measured by the thermocouple method. 3 The limitations on rubber- and thermoplastic-insulated wires and cords and on phenolic composition do not apply if the insulation or the phenolic has been investigated and found to have special heat-resistant properties, or if the insulation meets the thermal requirements. 4 40 less than melting point. 5 104 less than melting point.

Subpart B—Policies and in § 1505.8 are attained or if tempera- Interpretations tures higher than those specified for Type C surfaces in § 1505.7 are attained § 1505.50 Stalled motor testing. on any accessible surface of the motor. (a) § 1505.6(e)(4)(ii) requires that a (b) To determine if a moving part as- motor-operated toy be tested with the sociated with the motor can be touched motor stalled if the construction of the from outside the toy, the Commission toy is such that any person can touch staff will use a 1⁄4-inch diameter rod, as moving parts associated with the referenced in § 1505.4(h)(1). If the rod, motor from outside the toy. The per- when inserted into openings in the toy, formance of the toy shall be considered can touch any moving part associated unacceptable if, during the test, tem- with the motor, the toy will be tested peratures higher than those specified with the motor stalled.

1 Copies may be obtained from: National Electrical Manufacturers Association, 155 East 44th Street, New York, NY 10017. 595

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(c) The requirement that tempera- § 1507.1 Scope. tures higher than those specified in This part 1507 prescribes require- § 1505.8 not be attained applies to those ments for those fireworks devices internal components which are de- (other than firecrackers) not otherwise scribed in § 1505.8. Additionally, tem- banned under the act. Any fireworks peratures of accessible surfaces shall device (other than firecrackers) which not exceed those specified for Type C fails to conform to applicable require- surfaces in § 1505.7. ments is a banned hazardous substance (Secs. 2(q)(1)(A), 2(r), 3(e), 10(a), 74 Stat. 372, and is prohibited from the channels of 378, 80 Stat. 1303–1304, 83 Stat. 187–189 (15 interstate commerce. Any fireworks U.S.C. 1261, 1262, 1269); sec. 30(a), 86 Stat. 1231 device not otherwise banned under the (15 U.S.C. 2079(a))) act shall not be a banned hazardous [43 FR 26428, June 20, 1978] substance by virtue of the fact that there are no applicable requirements § 1505.51 Hot surfaces. prescribed herein. (a) Test probe. Section 1505.6(g)(2) defines accessibility, for certain para- § 1507.2 Prohibited chemicals. graphs, as the ability to reach a heated Fireworks devices shall not contain surface with a 1⁄4-inch-diameter rod 3 any of the following chemicals: inches long. To test for accessibility (a) Arsenic sulfide, arsenates, or using this test probe, it shall be in- arsenites. serted no more than 3 inches into any (b) Boron. opening in the toy. Unless the probe (c) Chlorates, except: contacts a surface within 3 inches of (1) In colored smoke mixtures in the plane of the toy’s opening, that which an equal or greater amount of surface is not accessible. sodium bicarbonate is included. (b) Accessibility of Type C and C- (2) In caps and party poppers. marked surfaces. Under § 1505.6(g)(2) (iii) (3) In those small items (such as and (iv), touching by casual contact or ground spinners) wherein the total without employing the aid of a com- powder content does not exceed 4 mon household tool shall be deter- grams of which not greater than 15 per- mined by use of the accessibility test cent (or 600 milligrams) is potassium, probe described in §§ 1505.6(g)(2) and sodium, or barium chlorate. 1505.51(a). (d) Gallates or gallic acid. [51 FR 34199, Sept. 26, 1986] (e) Magnesium (magnesium/aluminum alloys, called magnalium, are PART 1507—FIREWORKS DEVICES permitted). (f) Mercury salts. Sec. (g) Phosphorus (red or white). Except 1507.1 Scope. that red phosphorus is permissible in 1507.2 Prohibited chemicals. caps and party poppers. 1507.3 Fuses. (h) Picrates or picric acid. 1507.4 Bases. (i) Thiocyanates. 1507.5 Pyrotechnic leakage. (j) Titanium, except in particle size 1507.6 Burnout and blowout. 1507.7 Handles and spikes. greater than 100-mesh. 1507.8 Wheel devices. (k) Zirconium. 1507.9 Toy smoke devices and flitter devices. § 1507.3 Fuses. 1507.10 Rockets with sticks. (a) Fireworks devices that require a 1507.11 Party poppers. fuse shall: 1507.12 Multiple-tube fireworks devices. (1) Utilize only a fuse that has been AUTHORITY: 15 U.S.C. 1261–1262, 2079(d); 21 treated or coated in such manner as to U.S.C. 371(e). reduce the possibility of side ignition. SOURCE: 41 FR 22935, June 8, 1976, unless Devices such as ground spinners that otherwise noted. require a restricted orifice for proper CROSS REFERENCE: See also 1500.14(b)(7); thrust and contain less than 6 grams of 1500.17(a) (3), (8) and (9); 1500.83(a)(27) and pyrotechnic composition are exempted 1500.85(a)(2). from § 1507.3(a)(1).

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(2) Utilize only a fuse which will burn they will not come loose in transpor- at least 3 seconds but not more than 9 tation, handling, and normal oper- seconds before ignition of the device. ation. Wheel devices intended to oper- (b) The fuse shall be securely at- ate in a fixed location shall be designed tached so that it will support either in such a manner that the axle remains the weight of the fireworks device plus attached to the device during normal 8 ounces of dead weight or double the operation. weight of the device, whether is less, without separation from the fireworks § 1507.9 Toy smoke devices and flitter device. devices. [41 FR 22935, June 8, 1976, as amended at 61 (a) Toy smoke devices shall be so FR 67200, Dec. 20, 1996; 61 FR 67200, Dec. 20, constructed that they will neither 1996] burst nor produce external flame (excluding the fuse and firstfire upon igni- § 1507.4 Bases. tion) during normal operation. The base or bottom of fireworks de- (b) Toy smoke devices and flitter devices that are operated in a standing vices shall not be of such color and upright position shall have the min- configuration so as to be confused with imum horizontal dimensions or the di- banned fireworks such as M–80 salutes, ameter of the base equal to at least silver salutes, or cherry bombs. one-third of the height of the device in- (c) Toy smoke devices shall not including any base or cap affixed thereto. corporate plastic as an exterior material if the pyrotechnic composition § 1507.5 Pyrotechnic leakage. comes in direct contact with the plas- The pyrotechnic chamber in fire- tic. works devices shall be sealed in a manner that prevents leakage of the pyro- § 1507.10 Rockets with sticks. technic composition during shipping, Rockets with sticks (including sky- handling, and normal operation. rockets and bottle rockets) shall utilize a straight and rigid stick to pro- § 1507.6 Burnout and blowout. vide a direct and stable flight. Such The pyrotechnic chamber in fire- sticks shall remain straight and rigid works devices shall be constructed in a and attached to the driver so as to pre- manner to allow functioning in a nor- vent the stick from being damaged or mal manner without burnout or blow- detached during transportation, han- out. dling, and normal operation.

§ 1507.7 Handles and spikes. § 1507.11 Party poppers. (a) Fireworks devices which are in- Party poppers (also known by other tended to be hand-held and are so la- names such as ‘‘Champagne Party beled shall incorporate a handle at Poppers,’’ and ‘‘Party Surprise least 4 inches in length (see Poppers,’’) shall not contain more than § 1500.14(b)(7)). Handles shall remain 0.25 grains of pyrotechnic composition. firmly attached during transportation, Such devices may contain soft paper or handling and full operation of the de- cloth inserts provided any such inserts vice, or shall consist of an integral sec- do not ignite during normal operation. tion of the device at least four inches below the pyrotechnic chamber. § 1507.12 Multiple-tube fireworks de- (b) Spikes provided with fireworks vices. devices shall protrude at least 2 inches (a) Application. Multiple-tube mine from the base of the device and shall and shell fireworks devices with any have a blunt tip not less than 1⁄8-inch in tube measuring 1.5 inches (3.8 cm) or diameter of 1⁄8-inch square. more in inside diameter and subject to § 1500.17(a)(12) of this part shall not tip § 1507.8 Wheel devices. over when subjected to the tip-angle Drivers in fireworks devices com- test described in this section. monly known as ‘‘wheels’’ shall be se- (b) Testing procedure. The device shall curely attached to the device so that be placed on a smooth surface that can

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be inclined at 60 degrees from the hori- inches (1.6 mm) in height and perpen- zontal, as shown in Figure 1 of this sec- dicular to the inclined plane. The stop tion. The height and width of the in- shall be positioned parallel to the bot- clined plane (not including the portion tom edge of the inclined plane and so of the plane below the mechanical that no portion of the device to be test- stop) shall be at least 1 inch (2.54 cm) ed or its base touches the horizontal greater than the largest dimension of surface. The device shall not tip over the base of the device to be tested. The when the plane is inclined at 60-degrees test shall be conducted on a smooth, from the horizontal. The procedure hard surface that is horizontal as shall be repeated for each edge of the measured by a spirit level or equiva- device. lent instrument. The mechanical stop on the inclined plane shall be 1/16 FIGURE 1 TO § 1507.12

[61 FR 13096, Mar. 26, 1996]

PART 1508—REQUIREMENTS FOR 1508.9 Identifying marks, warning statement, and compliance declaration. FULL-SIZE BABY CRIBS 1508.10 Recordkeeping. 1508.11 Requirements for cutouts. Sec. FIGURE 1 TO PART 1508—CRIB SLAT LOADING 1508.1 Definitions. WEDGE 1508.2 Scope of part. FIGURE 2 TO PART 1508—HEADFORM PROBE 1508.3 Dimensions. FIGURE 3 TO PART 1508 1508.4 Spacing of crib components. 1508.5 Component spacing test method for AUTHORITY: Secs. 2(f)(1)(D), (q)(1)(A), (s), § 1508.4(b). 3(e)(1), 74 Stat. 372, 374, 375, as amended, 80 1508.6 Hardware. Stat. 1304–05, 83 Stat. 187–89 (15 U.S.C. 1261, 1508.7 Construction and finishing. 1262). 1508.8 Assembly instructions.

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SOURCE: 38 FR 32129, Nov. 21, 1973, unless (2) The height of the rail and end otherwise noted. panel as measured from the top of the EFFECTIVE DATE NOTE: At 75 FR 81789, Dec. rail or panel in its highest position to 28, 2010, part 1508 was removed, effective the top of the mattress support in its June 28, 2011. lowest position shall be at least 66 centimeters (26 inches). § 1508.1 Definitions. [38 FR 32129, Nov. 21, 1973; 38 FR 33593 Dec. 6, For the purposes of this part: 1973] (a) Full-size baby crib means a bed (1) that is designed to provide sleeping ac- § 1508.4 Spacing of crib components. commodations for an infant, (2) that is (a) The distance between components intended for use in the home, and (3) (such as slats, spindles, crib rods, and ± that is within a range of 5.1 centi- corner posts) shall not be greater than meters (±2 inches) of the interior 6 centimeters (23⁄8 inches) at any point. length or width dimensions specified Measurement of distance between for full-size baby cribs in § 1508.3. contoured or irregular slats or spindles shall be done by a 6-centimeter wide by § 1508.2 Scope of part. 10-centimeter high by 10-centimeter This part sets forth the requirements long (23⁄8-inch wide by 4-inch high by 4- whereby full-size baby cribs (as defined inch long) rectangular block which in § 1508.1(a)) are not banned articles shall not pass through the space. under § 1500.18(a)(13) of this chapter. (b) The distance between such components shall not exceed 6.3 centimeters § 1508.3 Dimensions. (21⁄2 inches) when a 9-kilogram (20- Full-size baby cribs shall have di- pound) direct force is applied in accord- mensions as follows: ance with the test method in § 1508.5. (a) Interior. The interior dimensions For contoured or irregular slats or shall be 71±1.6 centimeters (28±5⁄8 spindles, the spacing shall not permit inches) wide as measured between the passage of a 6.3-centimeter wide by 8.2- innermost surfaces of the crib sides and centimeter high by 8.2-centimeter long 3 5 133±1.6 centimeters (52 ⁄8± ⁄8 inches) long (21⁄2-inch wide by 31⁄4-inch high by 31⁄4- as measured between the innermost inch long) rectangular block above and surfaces of the crib end panels, slats, below the loading wedge when a 9-kilo- rods, or spindles. Both measurements gram (20-pound) direct force is applied are to be made at the level of the mat- in accordance with said test method. tress support spring in each of its adjustable positions and no more than 5 § 1508.5 Component spacing test meth- centimeters (2 inches) from the crib od for § 1508.4(b). corner posts or from the first spindle to (a) Construct a right triangular the corresponding point of the first prism-shaped wedge from a rigid mate- spindle at the other end of the crib. If rial (steel, wood, aluminum, or equiva- a crib has contoured or decorative spin- lent) as shown in figure 1. dles, in either or both of the sides or (b) Place the wedge midway between ends, the measurement shall be deter- two vertical components and midway mined from the largest diameter of the between the top and bottom horizontal first turned spindle within a range of 10 rails. Attach a dial push-pull gauge centimeters (4 inches) above the mat- (Chatillon model DPP–50, or equivalent tress support spring in each of its ad- spring scale) to the eyebolt and exert a justable positions, to a corresponding 9-kilogram (20-pound) direct pull on point on the first spindle or innermost the wedge. The test may be performed surface of the opposite side of the crib. by suspending a 9-kilogram (20-pound) (b) Rail height. The rail height dimen- weight from the eyebolt with the crib sions shall be as follows: component placed in a horizontal posi- (1) The height of the rail and end tion. panel as measured from the top of the rail or panel in its lowest position to § 1508.6 Hardware. the top of the mattress support in its (a) A crib shall be designed and con- highest position shall be at least 22.8 structed in a manner that eliminates centimeters (9 inches). from any hardware accessible to a child

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within the crib the possibility of the gram of the required bolts and other hardware’s presenting a mechanical fasteners. hazard through pinching, bruising, lac- (b) The instructions shall: erating, crushing, breaking, ampu- (1) Be so written that an unskilled tating, or otherwise injuring portions layman can correctly assemble the crib of the human body when the crib is in without making errors that would re- normal use or when subjected to rea- sult in improper and unsafe assembly. sonably foreseeable damage or abuse. (2) Include cautionary statements (b) Locking or latching devices used concerning the secure tightening and to secure dropside rails shall require a maintaining of bolts and other fas- minimum force of 4.5 kilograms (10 teners. pounds) to activate the release mecha- (3) Contain a cautionary statement nism or shall consist of a double-action that when a child’s height reaches 90 device requiring two distinct actions to centimeters (35 inches), the child release. should be placed in a youth or regular (c) Wood screws shall not be used in bed. the assembly of stationary sides, (c) The warning relative to mattress dropside rails, folding rails, or stabi- size for full-size cribs in § 1508.9(c) shall lizing bars to crib ends or other compo- be included in the instructions. nents that must be removed by the consumer in the normal disassembly of § 1508.9 Identifying marks, warning a crib. statement, and compliance declaration. § 1508.7 Construction and finishing. (a) All cribs and retail cartons there- (a) All wood surfaces shall be smooth of shall be suitably marked and labeled and free from splinters. in accordance with this section. (b) All wood parts shall be free from (b) A crib shall be clearly marked to splits, cracks, or other defects which indicate: might lead to structural failure. (1) The name and place of business (c) Crib end panels and sides or any (city and State) of the manufacturer, attachment thereto shall have no hori- importer, distributor, and/or seller; and zontal bar, ledge, projection, or other (2) A model number, stock number, surface accessible to a child inside the catalog number, item number, or other crib capable of being used as a toehold symbol expressed numerically, in code located less than 51 centimeters (20 or otherwise, such that only articles of inches) above the mattress support in identical construction, composition, its lowest position when the side rail is and dimensions shall bear identical in its highest position, except the markings. lower horizontal bar of the crib rail (c) The following warning shall ap- may have a vertical dimension that ex- pear on the retail carton and on the intends no higher than 7.6 centimeters (3 side of the head end panel or on the top inches) above the mattress support in surface of the mattress support in a its lowest position. In no case will any type size of at least one-fourth inch: gap between the top surface of the mat- ‘‘CAUTION: Any mattress used in this crib tress support and the bottom of the must be at least 271⁄4 inches by 515⁄8 inches lower horizontal rail be permitted. For with a thickness not exceeding 6 inches,’’ or the purposes of this paragraph, any ‘‘CAUTION: Any mattress used in this crib ledge or projection with a depth dimen- must be at least 69 centimeters by 131 centimeters with a thickness not exceeding 15 sion greater than 1 centimeter (3⁄8 inch) shall constitute a toehold. centimeters.’’ The marking shall appear in block let- § 1508.8 Assembly instructions. ters, shall contrast sharply with the (a) Cribs, when shipped other than background (by color, projection, and/ completely assembled, shall be accom- or indentation), and shall be clearly panied by detailed instructions that in- visible and legible. The dimensions of clude an assembly drawing, a list and the mattress shall be taken from seam description of all parts and tools re- to seam or edge to edge where appro- quired for assembly, and a full-size dia- priate.

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(d) Markings on a crib shall be of a § 1508.11 Requirements for cutouts. permanent nature such as paint-sten- Full-size baby cribs shall comply ciled, die-stamped, molded, or indelibly stamped directly thereon or perma- with the following test requirements: nently affixed, fastened, or attached (a) Place the neck of the headform thereto by means of a tag, token, or probe shown in Figure 2 into any cut- other suitable medium. The markings out (partially-bounded opening) lo- shall not be readily removable or sub- cated along the upper edges of an end ject to obliteration during normal use or side panel. The axis of the neck shall of the article or when the article is be horizontal and at right angles to the subjected to reasonably foreseeable plane of the panel at the point of con- damage or abuse. tact. The head portion of the probe (e) The retail carton of a crib shall shall be on the outer side of the panel. clearly indicate: With the neck resting on the panel at (1) The name and place of business any point within the cutout area (for (mailing address including ZIP code) of compliance purposes, the Commission the manufacturer, importer, dis- may test at all points that could result tributor, and/or seller; and in a failure), and the front of the probe (2) The model number, stock number, pointing downwards, draw the head of catalog number, item number, or other the probe towards the panel until sur- symbol described in paragraph (b)(2) of face ‘‘A’’ makes contact with the outer this section. side of the panel (see Figure 3). (f) Each crib and its retail carton (b)(1) Press down on the neck to shall bear a conspicuous label stating cause the head to swing upwards that the crib conforms to applicable through the cutout in the panel. The regulations promulgated by the Con- probe shall not be rotated about the sumer Product Safety Commission. major axis of the neck during this pro- The label need not be permanently at- cedure. The arc through which the tached to the crib, nor is any par- head is swung shall be in a vertical ticular wording required for the state- plane and shall terminate when the ment. The label on the crib must be major axis of the neck attains an up- conspicuous under normal conditions right position or is prevented from at- of retail display. Any full-size baby taining an upright position by an ob- crib introduced into interstate com- struction. During the test, contact merce on or after February 1, 1974, shall be maintained between surface through January 31, 1976, must bear ‘‘A’’ (or at least one of edges ‘‘AB’’), the this label. neck of the headform probe and the [38 FR 32129, Nov. 21, 1973, as amended at 38 panel. If, during the swing to the up- FR 35454, Dec. 28, 1973] right position, an edge or surface other than surface ‘‘D’’ is contacted, sideways § 1508.10 Recordkeeping. motion of the headform shall not be re- A manufacturer or importer of cribs strained, but the arc through which the shall keep and maintain for 3 years headform is swung shall remain after production or importation of each vertical lot, or other suitable identifying unit, (2) If a cutout is V-shaped (the side records of sale, distribution, and re- boundaries or the tangents to the side sults of all inspections and tests con- boundaries are nowhere parallel), an ducted in accordance with this part additional test shall be performed on 1508. These records shall be made avail- the cutout. Upon completion of the able upon request, at reasonable times swing to the upright position, rock the to any officer, employee, or agent ac- headform sideways parallel to the tion on behalf of the Consumer Product plane of the panel while maintaining Safety Commission. The manufacturer contact between surface ‘‘A’’ or an edge or importer shall permit such officer, ‘‘AB’’ and the panel. This will result in employee, or agent to inspect and copy the probe sliding toward the bottom of such records, to make such inventories the cutout. The maximum angle of stock as he deems necessary, and to through which the headform is rocked otherwise verify the accuracy of such shall be determined by contact with records. the panel by a surface or edge other

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than ‘‘A’’ or ‘‘AB’’ or until one of the sur- ‘‘CD,’’ in any combination if they are on faces ‘‘B’’ is in a vertical plane. opposing sides of the headform. (c) During the test described in para- (2) Any of surfaces ‘‘D’’.

graph (b) of this section, no portion of NOTE: Edges are identified by the letter the panel shall contact: designations for surfaces that lie on either (1) Simultaneously, more than one of side of the edge. surfaces ‘‘B’’, ‘‘C’’ or edges ‘‘BC,’’ ‘‘CC,’’ or [47 FR 47541, Oct. 27, 1982]

FIGURE 1 TO PART 1508—CRIB SLAT LOADING WEDGE

(Secs. 2(f)(1)(D), (q)(1)(A), (s), 3(e)(1), 74 Stat. 372, 374, 375, as amended, 80 Stat. 1304–05, 83 Stat. 187–89 (15 U.S.C. 1261, 1262); Pub. L. 92–573, sec. 30(a), 86 Stat. 1231 (15 U.S.C. 2079(a))) [38 FR 32129, Nov. 21, 1973, as amended at 45 FR 37419, June 3, 1980]

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FIGURE 2 TO PART 1508—HEADFORM PROBE

[47 FR 47544, Oct. 27, 1982]

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FIGURE 3 TO PART 1508

[47 FR 47544, Oct. 27, 1982]

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PART 1509—REQUIREMENTS FOR dles (both rocker and pendulum types), NON-FULL-SIZE BABY CRIBS car beds, baby baskets and bassinets (also known as junior cribs) are not Sec. subject to the provisions of 1509.1 Scope of part 1509. § 1500.18(a)(14) of this chapter and this 1509.2 Definitions. part 1509. 1509.3 Crib-side height. (2) Non-full-size baby crib includes, but 1509.4 Spacing of unit components. is not limited to, the following: 1509.5 Component-spacing test apparatus. (i) Portable crib. A non-full-size baby 1509.6 Component-spacing test method. crib designed so that it may be folded 1509.7 Hardware. 1509.8 Construction and finishing. or collapsed, without disassembly, to 1509.9 Mattresses. occupy a volume substantially less 1509.10 Assembly instructions. than the volume it occupies when it is 1509.11 Identifying marks, caution state- used. ment, and compliance declaration. (ii) Crib-pen. A non-full-size baby crib 1509.12 Recordkeeping. the legs of which may be removed or 1509.13 Requirement for cutouts. adjusted to provide a play pen or play FIGURE 1 TO PART 1509 yard for a child. FIGURE 2 TO PART 1509—HEADFORM PROBE (iii) Specialty crib. An unconvention- FIGURE 3 TO PART 1509 ally shaped (circular, hexagonal, etc.) AUTHORITY: Secs. 2 (f)(1)(D), (q)(1)(A), (s), non-full-size baby crib incorporating a 3(e)(1), 10(a), 74 Stat. 372, 374, 375, 378, as special mattress or other unconven- amended, 80 Stat. 1304–05, 83 Stat. 187–89 (15 tional components. U.S.C. 1261, 1262, 1269). (iv) Undersize crib. A non-full-size SOURCE: 41 FR 6240, Feb. 12, 1976, unless baby crib with an interior length di- otherwise noted. mension smaller than 126.3 centimeters 3 EFFECTIVE DATE NOTE: At 75 FR 81789, Dec. (49 ⁄4 inches), or an interior width di- 28, 2010, part 1509 was removed, effective mension smaller than 64.3 centimeters June 28, 2011. (253⁄8 inches), or both. (v) Oversize crib. A non-full-size baby § 1509.1 Scope of part 1509. crib with an interior length dimension This part 1509 sets forth the require- greater than 139.7 centimeters (55 ments whereby non-full-size baby cribs, inches), or an interior width dimension as defined in § 1509.2, are not banned ar- greater than 77.7 centimeters (305⁄8 ticles under § 1500.18(a)(14) of this chap- inches), or both. ter. For purposes of compliance with this part, the metric figures shall be § 1509.3 Crib-side height. used. The English approximations are (a) With the mattress support in its provided in parentheses for conven- highest adjustable position and the ience and information only, and do not crib side in its lowest adjustable posi- specify complying dimensions. tion, the vertical distance from the upper surface of the mattress support § 1509.2 Definitions. to the upper surface of the crib side For the purposes of this part 1509: and/or end panel shall not be less than (a) Crib or baby crib means a bed de- 12.7 centimeters (5 inches). signed to provide sleeping accommoda- (b) With the mattress support in its tions for an infant. lowest adjustable position and the crib (b)(1) Non-full-size baby crib means a side in its highest adjustable position, crib that (i) is intended for use in or the vertical distance from the upper around the home, for travel and other surface of the mattress support to the purposes and (ii) has an interior length upper surface of the crib side and/or dimension either greater than 139.7 end panel shall not be less than 55.9 centimeters (55 inches) or smaller than centimeters (22 inches). 126.3 centimeters (493⁄4 inches), or, an interior width dimension either greater § 1509.4 Spacing of unit components. than 77.7 centimeters (305⁄8 inches) or (a) Uniformly spaced components. The smaller than 64.3 centimeters (253⁄8 distance between adjacent, uniformly inches), or both. Mesh/net/screen cribs, spaced components (such as slats, spin- nonrigidly constructed baby cribs, cra- dles, and/or corner posts) shall not be

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greater than 6 centimeters (23⁄8 inches). structed to eliminate pinching, bruis- The distance between any such adja- ing, lacerating, crushing, amputating cent components shall not exceed 6.3 and/or other potentials for injury when centimeters (21⁄2 inches) at any point the crib is in normal use or when sub- when subjected to the test procedure jected to reasonably foreseeable dam- specified in § 1509.6. age or abuse. (b) Nonuniformly spaced components. (b) Non-full-size baby cribs shall in- (1) The distance between adjacent non- corporate locking or latching devices uniformly spaced components (such as for dropsides or folding sides or end slats, spindles, and/or corner posts) panels. These devices shall require ei- shall preclude passage of block A, spec- ther a minimum force of 4.5 kilograms ified in § 1509.5(b), when inserted in any (10 pounds) for activation or at least orientation (nonuniformly spaced com- two distinct actions to release them. ponents referes to irregularly shaped (c) Woodscrews shall not be used in crib slats whether parallel to each the assembly of any components that other or not). must be removed by the consumer in (2) The spacing between any such ad- the normal disassembly of a non-full- jacent components shall preclude pas- size baby crib. sage of block B, specified in § 1509.5(c), when inserted in any orientation im- § 1509.8 Construction and finishing. mediately above and below the loading (a) All wood surfaces of non-full-size wedge specified in § 1509.5(a) while the baby cribs shall be smooth and free components are being subjected to the from splinters. test procedure specified in § 1509.6. (b) All wood parts of non-full-size baby cribs shall be free from splits, § 1509.5 Component-spacing test appa- cracks, or other defects that might ratus. lead to structural failure. (a) Loading wedge. The loading wedge (c) Ends and sides of non-full-size shall be a right triangular prism con- baby cribs shall have no horizontal bar, structed of a smooth, rigid material ledge, projections, or other surface ac- conforming to measurements shown in cessible to the child inside the crib Figure 1. that could be used as a toehold (any (b) Block A. Block A shall be a rec- ledge or projection with a depth dimen- tangular block, constructed of a sion greater than 1 centimeter (3⁄8 inch) smooth, rigid material, measuring 6 located less than 40.6 centimeters (16 centimeters wide by 10 centimeters inches) above the mattress support in high by 10 centimeters long (23⁄8 inches its lowest adjustable position when the wide by 4 inches high by 4 inches long). crib side is in its highest adjustable po- (c) Block B. Block B shall be a rectan- sition). gular block, constructed of a smooth, rigid material, measuring 6.3 centi- § 1509.9 Mattresses. meters wide by 8.2 centimeters high by (a) Mattress thickness. (1) A mattress 8.2 centimeters long (21⁄2 inches wide by supplied with a non-full-size crib shall, 31⁄4 inches high by 31⁄4 inches long). in a noncompressed state, have a thickness that will provide a minimum ef- § 1509.6 Component-spacing test meth- fective crib-side height dimension of at od. least 50.8 centimeters (20 inches) as The apex of the wedge (see § 1509.5(a)) measured from the upper surface of the shall be placed midway between two crib side and/or end panel. For this vertical components and midway be- measurement, the crib side shall be in tween the uppermost and lowermost its highest adjustable position and the horizontal surfaces of the crib side. A mattress support in its lowest adjust- 9-kilogram (20-pound) tensile force able position. shall be applied to the wedge perpen- (2) A mattress supplied with a non- dicular to the plane of the crib side. full-size crib shall, in a noncompressed state, have a thickness that will pro- § 1509.7 Hardware. vide a minimum effective crib-side (a) The hardware in a non-full-size height dimension of at least 7.6 centi- baby crib shall be designed and con- meters (3 inches) as measured from the

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upper surface of the mattress to the symbol expressed numerically, in code upper surface of the crib side and/or or otherwise, such that only cribs of end panel. For this measurement, the identical construction, composition, crib side shall be in its lowest adjust- and dimensions shall bear identical able position and the mattress support markings. in its highest adjustable position. (b) The following caution statement (b) Mattress dimensions. The dimen- shall appear on an inside surface of a sions of a mattress supplied with a non-full-size baby crib in a type size of non-full-size baby crib shall be such at least 1⁄8 inch: that the mattress, when inserted in the (1) For rectangular cribs: center of the crib, in a noncompressed CAUTION: Any mattress used in this crib state at any of the adjustable positions must be at least ll inches long by ll of the mattress support, shall not leave inches wide and not more than ll inches a gap of more than 1.3 centimeters (1⁄2 thick. inch) at any point between the perim- The blanks are to be filled with dimen- eter of the mattress and the perimeter sions complying with § 1509.9(a) and (b). of the crib. When the mattress is (2) For nonrectangular cribs: placed against the perimeter of the crib the resulting gap shall not exceed CAUTION: Check proper fit of mattress. Should be not more than ll inches thick. 2.6 centimeters (1 inch). The maximum gap between mattress and inside of crib border (or edge) should be no § 1509.10 Assembly instructions. more than 1 inch. Unassembled non-full-size baby cribs The blank is to be filled in with a di- shall be accompanied by detailed in- mension complying with § 1509.9(a). structions that shall: (3) The dimensions to be inserted in (a) Include an assembly drawing; the blanks in the caution statements (b) Include a list and description of in paragraphs (b) (1) and (2) of this sec- all parts and tools required for assem- tion shall be determined by the manu- bly; facturer according to the provisions of (c) Include a full-size diagram of the § 1509.9. The markings shall appear in required bolts and other fasteners; block letters, shall contrast sharply (d) Be so written that an unskilled with the background (by color, projec- person can assemble the crib without tion, and/or indentation), and shall be making errors that would result in im- clearly visible and legible. proper and unsafe assembly; (e) Include cautionary statements (c) Except for markings required concerning the secure tightening and under paragraphs (d) and (e) of this sec- maintaining of bolts and other fas- tion, markings on non-full-size baby teners; cribs shall be of a permanent nature (f) Contain a cautionary statement such as paint-stenciled, die-stamped, that when a child’s height reaches 35 molded, or indelibly stamped directly inches, the child should be placed in a thereon or permanently affixed, fas- youth bed; and tened, or attached thereto by means of (g) Contain a warning relative to a tag, token, or other suitable medium. mattress size for the non-full-size baby The markings shall not be readily re- crib that specifies the dimensions of movable or subject to obliteration dur- any mattress to be used with the crib ing normal use of the article or when as determined under § 1509.9. the article is subjected to reasonably foreseeable damage or abuse. § 1509.11 Identifying marks, caution (d) The retail cartons of non-full-size statement, and compliance declara- baby cribs shall clearly indicate: tion. (1) The name and place of business (a) Non-full-size baby cribs shall be (mailing address including ZIP code) of clearly marked to indicate: the manufacturer, importer, dis- (1) The name and place of business tributor, and/or seller; and (city and state) of the manufacturer, (2) The model number, stock number, importer, distributor, and/or seller; and catalog number, item number, or other (2) A model number, stock number, symbol described in paragraph (a)(2) of catalog number item number, or other this section.

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(e) All non-full-size baby cribs and the probe towards the panel until sur- their retail cartons shall bear a con- face ‘‘A’’ makes contact with the outer spicuous label stating that the article side of the panel (see Figure 3). conforms to applicable regulations pro- (b)(1) Press down on the neck to mulgated by the Consumer Product cause the head to swing upwards Safety Commission. The label need not through the cutout in the panel. The be permanently attached to the article probe shall not be rotated about the and carton nor is any particular word- major axis of the neck during this pro- ing required for the statement. The cedure. The arc through which the label on the article must be con- head is swung shall be in a vertical spicuous under normal conditions of re- plane and shall terminate when the tail display. All non-full-size baby cribs major axis of the neck attains an up- and their retail cartons introduced into right position or is prevented from at- interstate commerce for a period of 2 taining an upright position by an ob- years after the effective date of this struction. During the test, contact part 1509 must bear such label. shall be maintained between surface ‘‘A’’ (or at least one of edges ‘‘AB’’), the § 1509.12 Recordkeeping. neck of the headform probe and the The manufacturer or importer shall panel. If, during the swing to the up- keep and maintain for 3 years after right position, an edge or surface other production or importation of each lot than surface ‘‘D’’ is contacted, sideways or other identifying unit of non-full- motion of the headform shall not be re- size baby cribs, records of sale and dis- strained, but the arc through which the tribution. These records shall be made headform is swung shall remain available upon request at reasonable vertical times to any officer, employee, or (2) If a cutout is V-shaped (the side agent acting on behalf of the Consumer boundaries or the tangents to the side Product Safety Commission. The man- boundaries are nowhere parallel), an ufacturer or importer shall permit such additional test shall be performed on officer, employee, or agent to inspect the cutout. Upon completion of the and copy such records, to make such swing to the upright position, rock the inventories of stock as he or she deems headform sideways parallel to the necessary, and to otherwise verify the plane of the panel while maintaining accuracy of such records. contact between surface ‘‘A’’ or an edge ‘‘AB’’ and the panel. This will result in § 1509.13 Requirements for cutouts. the probe sliding toward the bottom of Non-full-size baby cribs shall comply the cutout. The maximum angle with the following test requirements: through which the headform is rocked (a) Place the neck of the headform shall be determined by contact with probe shown in Figure 2 into any cut- the panel by a surface or edge other out (partially-bounded opening) lo- than ‘‘A’’ or ‘‘AB’’ or until one of the sur- cated along the upper edges of an end faces ‘‘B’’ is in a vertical plane. or side panel. The axis of the neck shall (c) During the test described in para- be horizontal and at right angles to the graph (b) of this section, no portion of plane of the panel at the point of con- the panel shall contact: tact. The head portion of the probe (1) Simultaneously, more than one of shall be on the outer side of the panel. surfaces ‘‘B’’, ‘‘C’’ or edges ‘‘BC,’’ ‘‘CC,’’ or With the neck resting on the panel at ‘‘CD,’’ in any combination if they are on any point within the cutout area (for opposing sides of the headform. compliance purposes, the Commission (2) Any of surfaces ‘‘D’’. may test at all points that could result NOTE: Edges are identified by the letter in a failure), and the front of the probe designations for surfaces that lie on either pointing downwards, draw the head of side of the edge.

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FIGURE 1 TO PART 1509

[47 FR 47541, Oct. 27, 1982]

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FIGURE 2 TO PART 1509—HEADFORM PROBE

[47 FR 47544, Oct. 27, 1982]

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FIGURE 3 TO PART 1509

[47 FR 47544, Oct. 27, 1982]

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PART 1510—REQUIREMENTS FOR the noisemaking component of a rattle, RATTLES plastic keys or other figures on loops or chains which produce sound by Sec. striking together, games, puzzles and 1510.1 Scope and purpose of part 1510. musical instruments such as tambou- 1510.2 Definition. rines, castanets, and maracas. 1510.3 Requirements. 1510.4 Test procedure. § 1510.3 Requirements. AUTHORITY: Secs. 2(f)(1)(D), (q)(1)(A), (s), No portion of a rattle, when tested in 3(e)(1), 64 Stat. 372, 374, 375, as amended 80 accordance with the procedure of Stat. 1304–05, 83 Stat. 187–89 (15 U.S.C. 1261, § 1510.4 below, shall be capable of enter- 1262); sec. 30(a), 86 Stat. 1231 (15 U.S.C. 2079(a)). ing and penetrating to the full depth of a cavity in a test fixture with dimen- SOURCE: 43 FR 22002, May 23, 1978, unless sions shown in figure 1. (In determining otherwise noted. these dimensions for compliance pur- § 1510.1 Scope and purpose of part poses, the English measurements shall 1510. be used. Metric equivalents are in- This part 1510 sets forth the require- cluded for convenience.) Rattles shall ment whereby rattles (as defined in meet this requirement both before and § 1510.2) are not banned articles under after performing the use and abuse § 1500.18(a)(15) of this chapter. The pur- tests of § 1500.51 of this chapter (exclud- pose of these requirements is to ensure ing the bite and flexure tests of para- that certain infant rattles which may graphs (c) and (d)). cause choking and/or suffocation because their design or construction per- § 1510.4 Test procedure. mits them to enter into an infant’s Place the test fixture shown in Fig- mouth and become lodged in the throat ure 1 on a horizontal plane surface. are eliminated from interstate com- Under its own weight and in a non- merce. compressed state apply any portion of the test sample in the most adverse § 1510.2 Definition. orientation to the opening in the test For the purposes of this part 1510, a fixture. Repeat this procedure after rattle is an infant’s toy, intended to be performing the use and abuse tests of hand held, usually containing pellets § 1500.51 (excluding the bite and flexure or other small objects and which pro- tests of paragraphs (c) and (d) of this duces sounds when shaken. Examples section). In testing to ensure compli- of products which may have similar ance with this regulation, the measure- noisemaking characteristics but which ments of the opening of the Commis- are excluded from the scope of this def- sion’s test fixture will be no greater inition are: dolls, stuffed animals, crib than those shown in Figure 1 and the exercisers, crib mobiles, pull toys, shoe depth of the fixture used will be no less lace holders, bells which are not part of than that shown in Figure 1.

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PART 1511—REQUIREMENTS FOR § 1511.2 Definitions. PACIFIERS (a) A pacifier is an article consisting of a nipple that is intended for a young Sec. child to suck upon, but is not designed 1511.1 Scope of part 1511. to facilitate a baby’s obtaining fluid, 1511.2 Definitions. and usually includes a guard or shield 1511.3 Guard or shield requirements. and a handle or ring. 1511.4 Protrusions. (b) Guard or shield means the struc- 1511.5 Structural integrity tests. ture located at the base of the nipple 1511.6 Ribbons, strings, cords, or other at- used to prevent the pacifier from being tachments. completely drawn into the child’s 1511.7 Labeling. mouth. 1511.8 Metric references. (c) Handle or ring means the structure FIGURE 1 TO PART 1511—PACIFIER TEST FIX- usually located adjacent to the guard TURE or shield used for holding or grasping FIGURE 2 TO PART 1511—SMALL PARTS GAGE the pacifier. A hinged handle or ring is AUTHORITY: Secs. 2(f)(1)(D), (q)(1)(A), (s), one that is free to pivot about an axis 3(e)(1), 74 Stat. 372, 374, 375, as amended 80 parallel to the plane of the guard or Stat. 1304–05, 83 Stat. 187–89; 15 U.S.C. 1261, shield. 1262.

SOURCE: 42 FR 33279, June 30, 1977, unless § 1511.3 Guard or shield requirements. otherwise noted. (a) Performance requirements. Place the pacifier in the opening of the fix- § 1511.1 Scope of part 1511. ture illustrated in Figure 1(a) of this This part 1511 sets forth the require- part so that the nipple of the pacifier is ments whereby pacifiers (as defined in centered in the opening and protrudes § 1511.2(a)) are not banned articles through the back of the fixture as under § 1500.18(a)(8) of this chapter. shown in Figure 1(b). For pacifiers with

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non-circular guards or shields, align in a period of 5 seconds and maintained the major axis of the guard or shield at 10.0 pounds for an additional 10 sec- with the major axis of the opening in onds. the fixture. Apply a tensile force to the (b) Handle or ring. Hold the pacifier pacifier nipple in the direction shown. by the shield or guard or base of the The force shall be applied gradually at- nipple, and push or pull on the handle taining but not exceeding 2.0 pounds or ring in any possible direction. The (8.9 newtons) within a period of 5 sec- force shall be applied gradually attain- onds and maintained at 2.0 pounds for ing but not exceeding 10.0 pounds (44.5 an additional 10 seconds. Any pacifier newtons) within a period of 5 seconds which can be completely drawn and maintained at 10.0 pounds for an through an opening with dimensions no additional 10 seconds. greater than those of Figure 1(a) by (c) Heat cycle deterioration. After the such a force shall fail the test in this testing prescribed in paragraphs (a) part. and (b) of this section, all pacifiers (b) Ventilation holes. The pacifier shall be subject to the following: sub- guard or shield shall contain at least merge the pacifier in boiling water for two holes symmetrically located and 5 minutes and then remove the pacifier each being at least 0.20 inches (5 milli- and allow it to cool for 5 minutes in meters) in minor dimension. The edge room temperature air, 60° to 80 °F. (16° of any hole shall be no closer than 0.20 to 27 °C). After the cooling period, re- inches (5 millimeters) to the perimeter submerge the pacifier in the boiling of the pacifier guard or shield. water for 5 minutes. The process shall § 1511.4 Protrusions. be repeated for a total of 6 boiling/cooling cycles. After the sixth cycle, the (a) Protrusions limitation. No protru- pacifier shall again be subjected to the sion from the face of the guard or structural tests in paragraphs (a) and shield opposite from the nipple shall (b) of this section and section 1511.3. exceed 0.63 inches (16mm) when meas- (d) Small parts. Any components or ured in accordance with the procedure fragments which are released as a re- specified in paragraph (b) of this sec- sult of the tests specified in paragraphs tion. (a), (b) and (c) of this section shall be (b) Protrusion test. Secure the pacifier placed in the truncated cylinder shown by clamping the nipple with its axis in Figure 2, such that the component horizontal. For pacifiers with hinged or fragment is in the lowest position in handles or rings the orientation of the the cylinder. If the uppermost edge of hinge axis shall be horizontal. A plane the component or fragment is below surface shall be applied to any protru- the plane of the top of the cylinder, the sion from the guard or shield with a pacifier shall fail the test in this sec- force gradually attaining but not ex- tion. ceeding 2.0 pounds (8.9 newtons) applied in a direction along the axis of the nip- § 1511.6 Ribbons, strings, cords, or ple. The normal of the plane surface other attachments. shall be maintained parallel to the axis of the nipple. Any protrusion shall be A pacifier shall not be sold or distrib- allowed to flex or rotate about its uted with any ribbon, string, cord, hinge as the plane surfact is applied to chain, twine, leather, yarn or similar it. Measure the distance from the plane attachments. surface to the guard or shield at the base of the nipple. § 1511.7 Labeling. (a) As required by paragraphs (b) and § 1511.5 Structural integrity tests. (c) of this section, pacifiers shall be la- (a) Nipple. Hold the pacifier by the beled with the statement: ‘‘Warning— shield or guard, grasp the nipple end of Do Not Tie Pacifier Around Child’s the pacifier and gradually apply a ten- Neck as it Presents a Strangulation sile force to the pacifier nipple in any Danger.’’ possible direction. The force shall be (b) The labeling statement required applied gradually, attaining but not ex- by paragraph (a) of this section shall ceeding 10.0 pounds (44.5 newtons) with- appear legibly and conspicuously on

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any retail display carton containing § 1511.8 Metric references. two or more pacifiers. For purposes of compliance with the (c) Each individually packaged pac- test procedure prescribed by this ifier shall bear the labeling statement § 500.46, the English figures shall be required in paragraph (a) of this sec- used. The metric approximations are tion on the package legibly and con- provided in parentheses for conven- spicuously. ience and information only.

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FIGURE 1 TO PART 1511—PACIFIER TEST FIXTURE

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FIGURE 2 TO PART 1511—SMALL PARTS GAGE

PART 1512—REQUIREMENTS FOR 1512.10 Requirements for tires. 1512.11 Requirements for wheels. BICYCLES 1512.12 Requirements for wheel hubs. 1512.13 Requirements for front fork. Subpart A—Regulations 1512.14 Requirements for fork and frame as- Sec. sembly. 1512.1 Scope. 1512.15 Requirements for seat. 1512.2 Definitions. 1512.16 Requirements for reflectors. 1512.3 Requirements in general. 1512.17 Other requirements. 1512.4 Mechanical requirements. 1512.18 Tests and test procedures. 1512.5 Requirements for braking system. 1512.19 Instructions and labeling. 1512.6 Requirements for steering system. 1512.20 Separability. 1512.7 Requirements for pedals. 1512.8 Requirements for drive chain. Subpart B—Policies and Interpretations 1512.9 Requirements for protective guards. [Reserved] 617

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(c) Seat height means the dimension FIGURE 1 TO PART 1512—BICYCLE FRONT FORK from the point on the seat surface CANTILEVER BENDING TEST RIG intersected by the seat post center line FIGURES 2 AND 3 TO PART 1512—HANDLEBAR (or the center of the seating area if no STEM LOADING AND ENTRANCE 8 OBSERVA- seat post exists) and the ground plane, TION ANGLES as measured with the wheels aligned FIGURE 5 TO PART 1512—TYPICAL HANDBRAKE and in a plane normal to the ground ACTUATOR SHOWING GRIP DIMENSION FIGURES 6 AND 7 TO PART 1512—TOE CLEAR- plane. ANCE AND CHAIN GUARD REQUIREMENTS (d) Track bicycle means a bicycle de- FIGURE 8 TO PART 1512—REFLECTORIZED BICY- signed and intended for sale as a com- CLE WHEEL RIM ABRASION TEST DEVICE petitive machine having tubular tires, TABLE 1 TO PART 1512—MINIMUM CANDLE- single crank-to-wheel ratio, and no POWER PER INCIDENT FOOT-CANDLE FOR free-wheeling feature between the rear CLEAR REFLECTOR 1 wheel and the crank. TABLE 2 TO PART 1512—MINIMUM CANDLE- (e) One-of-a-kind bicycle means a bicy- POWER PER INCIDENT FOOT-CANDLE FOR CLEAR REFLECTOR 1 cle that is uniquely constructed to the TABLE 3 TO PART 1512—MINIMUM ACCEPTABLE order of an individual consumer other VALUES FOR THE QUANTITY A DEFINED IN than by assembly of stock or produc- THE RETROREFLECTIVE TIRE AND RIM TEST tion parts. PROCEDURE (f) Normal riding position means that TABLE 4 TO PART 1512—RELATIVE ENERGY the rider is seated on the bicycle with DISTRIBUTION OF SOURCES both feet on the pedals and both hands AUTHORITY: Secs. 2(f)(1)(D), (q)(1)(A), (s), on the handlegrips (and in a position 3(e)(1), 74 Stat. 372, 374, 375, as amended, 80 that allows operation of handbrake le- Stat. 1304–05, 83 Stat. 187–89 (15 U.S.C. 1261, vers if so equipped); the seat and han- 1262); Pub. L. 107–319, 116 Stat. 2776. dlebars may be adjusted to positions SOURCE: 43 FR 60034, Dec. 22, 1978, unless judged by the rider to be comfortable. otherwise noted. [43 FR 60034, Dec. 22, 1978, as amended at 68 FR 7073, Feb. 12, 2003] Subpart A—Regulations § 1512.3 Requirements in general. § 1512.1 Scope. Any bicycle subject to the regula- This part sets forth the requirements tions in this part shall meet the re- for a bicycle as defined in § 1512.2(a) quirements of this part in the condi- (except a bicycle that is a ‘‘track bicy- tion to which it is offered for sale to cle’’ or a ‘‘one-of-a-kind bicycle’’ as de- consumers; any bicycle offered for sale fined in § 1512.2 (d) and (e)) which is not to consumers in disassembled or par- a banned article under § 1500.18(a)(12) of tially assembled condition shall meet this chapter. these requirements after assembly according to the manufacturer’s instruc- § 1512.2 Definitions. tions. For the purpose of compliance For the purposes of this part: with this part, where the metric and (a) Bicycle means: English units are not equal due to the (1) A two-wheeled vehicle having a conversion process the less stringent rear drive wheel that is solely human- requirement will prevail. powered; (2) A two- or three-wheeled vehicle § 1512.4 Mechanical requirements. with fully operable pedals and an elec- (a) Assembly. Bicycles shall be manu- tric motor of less than 750 watts (1 factured such that mechanical skills h.p.), whose maximum speed on a paved required of the consumer for assembly level surface, when powered solely by shall not exceed those possessed by an such a motor while ridden by an oper- adult of normal intelligence and abil- ator who weighs 170 pounds, is less ity. than 20 mph. (b) Sharp edges. There shall be no un- (b) Sidewalk bicycle means a bicycle finished sheared metal edges or other with a seat height of no more than 635 sharp parts on bicycles that are, or mm (25.0 in); the seat height is meas- may be, exposed to hands or legs; ured with the seat adjusted to its high- sheared metal edges that are not rolled est position. shall be finished so as to remove any

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feathering of edges, or any burrs of (i) Control cable ends. Ends of all con- spurs caused during the shearing proc- trol cables shall be provided with pro- ess. tective caps or otherwise treated to (c) Integrity. There shall be no visible prevent unraveling. Protective caps fracture of the frame or of any steer- shall be tested in accordance with the ing, wheel, pedal, crank, or brake sys- protective cap and end-mounted de- tem component resulting from testing vices test, § 1512.18(c), and shall within accordance with: The handbrake stand a pull of 8.9 N (2.0 lbf). loading and performance test, (j) Control cable abrasion. Control ca- § 1512.18(d); the foot brake force and bles shall not abrade over fixed parts performance test, § 1512.18(e); and the and shall enter and exit cable sheaths road test, § 1512.18(p) (or the sidewalk in a direction in line with the sheath bicycle proof test, § 1512.18(q)). entrance and exit so as to prevent ab- (d) Attachment hardware. All screws, rading. bolts, or nuts used to attach or secure components shall not fracture, loosen, § 1512.5 Requirements for braking sys- or otherwise fail their intended func- tem. tion during the tests required in this (a) Braking system. Bicycles shall be part. All threaded hardware shall be of equipped with front- and rear-wheel sufficient quality to allow adjustments brakes or rear-wheel brakes only. and maintenance. Recommended qual- (b) Handbrakes. Handbrakes shall be ity thread form is specified in Hand- tested at least ten times by applying a book H28, ‘‘Screw Thread Standards for force sufficient to cause the handlever Federal Service,’’ 1 issued by the Na- to contact the handlebar, or a max- tional Bureau of Standards, Depart- imum of 445 N (100 lbf), in accordance ment of Commerce; recommended me- with the loading test, § 1512.18(d)(2), and chanical properties are specified in ISO shall be rocked back and forth with the Recommendation R898, ‘‘Mechanical weight of a 68.1 kg (150 lb) rider on the Properties of Fasteners,’’ and in ISO seat with the same handbrake force ap- Recommendations 68, 262, and 263, plied in accordance with the rocking 2 ‘‘General Purpose Screw Threads.’’ test, § 1512.18(d)(2)(iii); there shall be no (e)–(f) [Reserved] visible fractures, failures, movement of (g) Excluded area. There shall be no clamps, or misalignment of brake com- protrusions located within the area ponents. 1 bounded by (1) a line 89 mm (3 ⁄2 in) to (1) Stopping distance. A bicycle the rear of and parallel to the handle- equipped with only handbrakes shall be bar stem; (2) a line tangent to the front tested for stopping distance by a rider tip of the seat and intersecting the seat of at least 68.1 kg (150 lb) weight in ac- mast at the top rear stay; (3) the top cordance with the performance test, surface of the top tube; and (4) a line § 1512.18(d)(2) (v) and (vi), and shall have connecting the front of the seat (when a stopping distance of no greater than adjusted to its highest position) to the 4.57 m (15 ft) from the actual test speed junction where the handlebar is at- as determined by the equivalent tached to the handlebar stem. The top ground speed specified in tube on a female bicycle model shall be § 1512.18(d)(2)(vi). the seat mast and the down tube or tubes that are nearest the rider in the (2) Hand lever access. Hand lever normal riding position. Control cables mechanisms shall be located on the handlebars in a position that is readily no greater than 6.4 mm (1⁄4 in) in diameter and cable clamps made from accessible to the rider when in a normal riding position. material not thicker than 4.8 mm (3⁄16 in) may be attached to the top tube. (3) Grip dimension. The grip dimension (h) [Reserved] (maximum outside dimension between the brake hand lever and the handlebars in the plane containing the 1 Copies may be obtained from: Super- centerlines of the handgrip and the intendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. hand brake lever) shall not exceed 89 1 2 Copies may be obtained from: American mm (3 ⁄2 in) at any point between the National Standards Institute, 1430 Broadway, pivot point of the lever and lever mid- New York, New York 10018. point; the grip dimension for sidewalk

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bicycles shall not exceed 76 mm (3 in). N (40 lbf) for an applied pedal force of The grip dimension may increase to- 310 N (70 lbf). ward the open end of the lever but shall (1) Stopping distance. Bicycles not increase by more than 12.7 mm (1⁄2 equipped with footbrakes (except side- in) except for the last 12.7 mm (1⁄2 in) of walk bicycles) shall be tested in ac- the lever. (See figure 5 of this part cordance with the performance test, 1512.) § 1512.18(e)(3), by a rider of at least 68.1 (4) Attachment. Brake assemblies kg (150 lb) weight and shall have a shall be securely attached to the frame stopping distance of no greater than by means of fasteners with locking de- 4.57 m (15 ft) from an actual test speed vices such as a lock washer, locknut, or of at least 16 km/h (10 mph). If the bicy- equivalent and shall not loosen during cle has a footbrake only and the equiv- the rocking test, § 1512.18(d)- (2)(iii). alent groundspeed of the bicycle is in The cable anchor bolt shall not cut any excess of 24 km/h (15 mph) (in its high- of the cable strands. est gear ratio at a pedal crank rate of (5) Operating force. A force of less 60 revolutions per minute), 3 the stop- than 44.5 N (10 lbf) shall cause the ping distance shall be 4.57 m (15 ft) brake pads to contact the braking sur- from an actual test speed of 24 km/h (15 face of the wheel when applied to the mph) or greater. handlever at a point 25 mm (1.0 in) (2) Operating force. Footbrakes shall from the open end of the handlever. be actuated by a force applied to the (6) Pad and pad holders. Caliper brake pedal in a direction opposite to that of pad shall be replaceable and adjustable the drive force, except where brakes are separate from the drive pedals and to engage the braking surface without the applied force is in the same direc- contacting the tire or spokes and the tion as the drive force. pad holders shall be securely attached (3) Crank differential. The differential to the caliper assembly. The brake pad between the drive and brake positions material shall be retained in its holder of the crank shall be not more than 60° without movement when the bicycle is with the crank held against each posi- loaded with a rider of at least 68.1 kg tion under a torque of no less than 13.6 (150 lb) weight and is rocked forward N-m (10 ft-lb). and backward as specified in the rock- (4) Independent operation. The brake ing test, § 1512.18(d)(2)(iii). mechanism shall function independ- (7) [Reserved] ently of any drive-gear positions or ad- (8) Hand lever location. The rear brake justments. shall be actuated by a control located (d) Footbrakes and handbrakes in com- on the right handlebar and the front bination. Bicycles equipped with footbrake shall be actuated by a control lo- brakes and handbrakes shall meet all cated on the left handlebar. The left- the requirements for footbrakes in hand/right-hand locations may be re- § 1512.5(c), including the tests specified. versed in accordance with an individual In addition, if the equivalent ground customer order. If a single hand lever speed of the bicycle is 24 km/h (15 mph) is used to actuate both front and rear or greater (in its highest gear ratio at brakes, it shall meet all applicable re- a pedal crank rate of 60 revolutions per quirements for hand levers and shall be minute), 3 the actual test speed speci- located on either the right or left han- fied in § 1512.18(e)(3) shall be increased dlebar in accordance with the cus- to 24 km/h (15 mph) and both braking tomer’s preference. systems may be actuated to achieve (9) Hand lever extensions. Bicycles the required stopping distance of 4.57 m equipped with hand lever extensions (15 ft). shall be tested with the extension le- (e) Sidewalk bicycles. (1) Sidewalk bi- vers in place and the hand lever exten- cycles shall not have handbrakes only. sions shall also be considered to be hand levers. 3 This is proportional to a gear develop- (c) Footbrakes. All footbrakes shall be ment greater than 6.67 m (21.9 ft) in the bicy- tested in accordance with the force cle’s highest gear ratio. Gear development is test, § 1512.18(e)(2), and the measured the distance the bicycle travels in meters, in braking force shall not be less than 178 one crank revolution.

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(2) Sidewalk bicycles with a seat (d) Handlebar ends. The ends of the height of 560 mm (22 in) or greater handlebars shall be capped or otherwise (with seat height adjusted to its lowest covered. Handgrips, end plugs, control position) shall be equipped with a foot- shifters, or other end-mounted devices brake meeting all the footbrake re- shall be secure against a removal force quirements of § 1512.5(c), including the of no less than 66.8 N (15 lbf) in accord- specified tests except that the braking ance with the protective cap and end- force transmitted to the rear wheel mounted devices test, § 1512.18(c). shall be in accordance with the side- (e) Handlebar and clamps. The handle- walk bicycle footbrake force tests, bar and clamps shall be tested in ac- § 1512.18(f). cordance with the handlebar test, (3) Sidewalk bicycles with a seat § 1512.18(h). Directions for assembly of height less than 560 mm (22 in) (with the bicycle required in the instruction seat height adjusted to its lowest posi- manual by § 1512.19(a)(2) shall include tion) and not equipped with a brake an explicit warning about the danger of shall not have a freewheel feature. damaging the stem-to-fork assembly Such sidewalk bicycles equipped with a and the risk of injury to the rider that footbrake shall be tested for brake can result from overtightening the force in accordance with the sidewalk stem bolt or other clamping device. bicycle footbrake force test, § 1512.18(f). The directions for assembly shall also Such sidewalk bicycles not equipped contain a simple, clear, and precise with brakes shall be identified with a statement of the procedure to be fol- permanent label clearly visible from a lowed to avoid damaging the stem-to- distance of 3.1 m (10 ft) in daylight con- fork assembly when tightening the ditions and promotional display mate- stem bolt or other clamping device. rial and shipping cartons shall promi- § 1512.7 Requirements for pedals. nently display the words ‘‘No Brakes.’’ (a) Construction. Pedals shall have § 1512.6 Requirements for steering sys- right-hand/left-hand symmetry. The tem. tread surface shall be present on both top and bottom surfaces of the pedal (a) Handlebar stem insertion mark. The except that if the pedal has a definite handlebar stem shall contain a perma- preferred position, the tread surface nent ring or mark which clearly indi- need only be on the surface presented cates the minimum insertion depth of to the rider’s foot. the handlebar stem into the fork as- (b) Toe clips. Pedals intended to be sembly. The insertion mark shall not used only with toe clips shall have toe affect the structural integrity of the clips securely attached to them and 1 stem and shall not be less than 2 ⁄2 need not have tread surfaces. Pedals times the stem diameter from the low- designed for optional use of toe clips est point of the stem. The stem shall have tread surfaces. strength shall be maintained for at (c) Pedal reflectors. Pedals for bicycles least a length of one shaft diameter other than sidewalk bicycles shall have below the mark. reflectors in accordance with (b) Handlebar stem strength. The han- § 1512.16(e). Pedals for sidewalk bicycles dlebar stem shall be tested for strength are not required to have reflectors. in accordance with the handlebar stem test, § 1512.18(g), and shall withstand a § 1512.8 Requirements for drive chain. force of 2000 N (450 lbf) for bicycles and The drive chain shall operate over 1000 N (225 lbf) for sidewalk bicycles. the sprockets without catching or (c) Handlebar. Handlebars shall allow binding. The tensile stength of the comfortable and safe control of the bi- drive chain shall be no less than 8010 N cycle. Handlebar ends shall be symmet- (1,800 lbf) or 6230 N (1,400 lbf) for side- rically located with respect to the lon- walk bicycles. gitudinal axis of the bicycle and no more than 406 mm (16 in) above the § 1512.9 Requirements for protective seat surface when the seat is in its low- guards. est position and the handlebar ends are (a) Chain guard. Bicycles having a in their highest position. single front sprocket and a single rear

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sprocket shall have a chain guard that (c) Rims. Rims shall retain the spokes shall cover the top strand of the chain and tire when side-loaded with 2000 N and at least 90° of the perimeter where (450 lbf) and tested in accordance with the drive chain contacts the drive the rim test, § 1512.18(j). Sidewalk bicy- sprocket as shown in figure 7. The cles need not meet this requirement. chain guard shall extend rearward to a point at least 8 cm (3.2 in.) forward of § 1512.12 Requirements for wheel the centerline of the rear axle. The hubs. minimum width of the top area of the All bicycles (other than sidewalk bi- chain guard shall be twice the width of cycles) shall meet the following re- the chain in that portion forward of quirements: the rear wheel rim. The rear part of the (a) Locking devices. Wheels shall be top area may be tapered. The minimum secured to the bicycle frame with a width at the rear of the guard shall be positive lock device. Locking devices one-half the chain width. Such chain on threaded axles shall be tightened to guard shall prevent a rod of 9.4 mm (3⁄8 the manufacturer’s specifications. in.) diameter and 76 mm (3.0 in.) length (1) Rear wheels. There shall be no rel- from entrapment between the upper ative motion between the axle and the junction of the chain and the sprocket frame when a force of 1,780 N (400 lbf) is when introduced from the chain side of applied symmetrically to the axle for a the bicycle in any direction within 45° period of 30 seconds in the direction of from a line normal to the sprocket. wheel removal. (b) Derailleur guard. Derailleurs shall (2) Front wheels. Locking devices, ex- be guarded to prevent the drive chain cept quick-release devices, shall with- from interfering with or stopping the stand application of a torque in the di- rotation of the wheel through improper rection of removal of 17 N-m (12.5 ft-lb). adjustments or damage. (b) Quick-release devices. Lever-operated quick-release devices shall be ad- § 1512.10 Requirements for tires. justable to allow setting the lever position for tightness. Quick-release levers The manufacturer’s recommended in- shall be clearly visible to the rider and flation pressure shall be molded into or shall indicate whether the levers are in onto the sidewall of the tire in let- a locked or unlocked position. Quick- tering no less than 3.2 mm (1⁄8 in.) in release clamp action shall emboss the height. The statement of recommended frame or fork when locked. inflation pressure shall be in the (c) Front hubs. Front hubs not English language utilizing Arabic nu- equipped with lever-operated quick-re- merals. (The following language is sug- lease devices shall have a positive re- gested to indicate recommended infla- tention feature that shall be tested in tion pressure: ‘‘Inflate to ll PSI.’’) accordance with the front hub reten- After inflation to 110 percent of the tion test, § 1512.18(j)(3), to assure that recommended inflation pressure, the when the locking devices are released tire shall remain intact on the rim, in- the wheel will not separate from the cluding while being tested under a load fork. of 2,000 N (450 lbf) in accordance with the rim test, § 1512.18(j). Tubular sew-up § 1512.13 Requirements for front fork. tires, nonpneumatic tires, and non- The front fork shall be tested for molded wired-on tires are exempt from strength by application of at least 39.5 this section. J (350 in-lb) of energy in accordance with the fork test, § 1512.18(k)(1), with- § 1512.11 Requirements for wheels. out visible evidence of fracture. Side- (a) Spokes. There shall be no missing walk bicycles need not meet this re- spokes. quirement. (b) Alignment. The wheel assembly shall be aligned such that no less than § 1512.14 Requirements for fork and 1.6 mm (1⁄16 in.) clearance exists be- frame assembly. tween the tire and fork or any frame The fork and frame assembly shall be member when the wheel is rotated to tested for strength by application of a any position. load of 890 N (200 lbf) or at least 39.5 J

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(350 in-lb) of energy, whichever results colorless or amber pedal reflectors, and in the greater force, in accordance with a red rear-facing reflector. the frame test, § 1512.18(k)(2), without (b) Side reflectors. There shall be visible evidence of fracture or frame retroreflective tire sidewalls or, alter- deformation that significantly limits natively, reflectors mounted on the the steering angle over which the spokes of each wheel, or, for non-cal- wheel can be turned. Sidewalk bicycles iper rim brake bicycles, retroreflective are exempt from this section. wheel rims. The center of spoke- mounted reflectors shall be within 76 § 1512.15 Requirements for seat. mm (3.0 in.) of the inside of the rim. (a) Seat limitation. No part of the seat, Side reflective devices shall be visible seat supports, or accessories attached on each side of the wheel. to the seat shall be more than 125 mm (c) Front reflector. The reflector or (5.0 in.) above the top of the seat sur- mount shall not contact the ground face at the point where the seat surface plane when the bicycle is resting on is intersected by the seat post axis. that plane in any orientation. The op- (b) Seat post. The seat post shall con- tical axis of the reflector shall be di- tain a permanent mark or ring that rected forward within 5° of the hori- clearly indicates the minimum inser- zontal-vertical alignment of the bicy- tion depth (maximum seat-height ad- cle when the wheels are tracking in a justment); the mark shall not affect straight line, as defined in the structural integrity of the seat § 1512.18(m)(2). The reflectors and/or post. This mark shall be located no less mounts shall incorporate a distinct, than two seat-post diameters from the preferred assembly method that shall lowest point on the post shaft, and the insure that the reflector meets the op- post strength shall be maintained for tical requirements of this paragraph (c) at least a length of one shaft diameter when the reflector is attached to the below the mark. bicycle. The front reflector shall be (c) Adjustment clamps. The seat ad- tested in accordance with the reflector justment clamps shall be capable of se- mount and alignment test, § 1512.18(m). curing the seat in any position to (d) Rear reflector. The reflector or which it can be adjusted and preventing movement of the seat in any mount shall not contact the ground direction under normal conditions of plane when the bicycle is resting on use. Following the road test, § 1512.18(p) that plane in any orientation. The re- (or the sidewalk bicycle proof test, flector shall be mounted such that it is § 1512.18(q), as applicable), the seat to the rear of the seat mast with the clamps shall be tested in accordance top of the reflector at least 76 mm (3.0 with the seat adjustment clamps and in) below the point on the seat surface load test, § 1512.18(l). that is intersected by the line of the seat post. The optical axis of the reflec- § 1512.16 Requirements for reflectors. tor shall be directed rearward within 5° Bicycles shall be equipped with re- of the horizontal-vertical alignment of flective devices to permit recognition the bicycle when the wheels are trav- and identification under illumination eling in a straight line, as defined in from motor vehicle headlamps. The use § 1512.18(m)(2). The reflectors and/or of reflector combinations off the center mounts shall incorporate a distinct, plane of the bicycle (defined in preferred assembly method that shall § 1512.18(m)(2)) is acceptable if each re- insure that the reflector meets the op- flector meets the requirements of this tical requirements of this paragraph (d) section and of § 1512.18 (m) and (n) and when the reflector is attached to the the combination of reflectors has a bicycle. The rear reflector shall be clear field of view of ±10° vertically and tested in accordance with the reflector ±50° horizontally. Sidewalk bicycles are mount and alignment test, § 1512.18(m). not required to have reflectors. (e) Pedal reflectors. Each pedal shall (a) Front, rear, and pedal reflectors. have reflectors located on the front and There shall be an essentially colorless rear surfaces of the pedal. The reflector front-facing reflector, essentially elements may be either integral with

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the construction of the pedal or me- plane when the assembled bicycle is chanically attached, but shall be suffi- resting on that plane in any orienta- ciently recessed from the edge of the tion. pedal, or of the reflector housing, to (i) Retroreflective rims. When prevent contact of the reflector ele- retroreflective rims are used in lieu of ment with a flat surface placed in con- spoke-mounted reflectors or tact with the edge of the pedal. retroreflective tire sidewalls, the re- (f) Side reflectors. Reflectors affixed to flecting material shall meet the fol- the wheel spokes shall be mounted ei- lowing requirements: ther flat on the spokes or within the (1) The retroreflective material shall spoke cage such that the angle between form a continuous circle on the rim. the optical axis and the normal to the (2) If the retroreflective material is plane of the wheel shall not exceed the applied to the rim in the form of a self- angle of the spokes with the plane of adhesive tape, the following require- the wheel. The reflectors shall not ment must be met: Use a sharp knife, interfere with any wheel adjustments. razor blade, or similar instrument to The side-mounted reflector devices carefully release an end of the tape ma- shall be essentially colorless or amber terial sufficient to be grasped between on the front wheel and essentially the thumb and finger. Grasp the freed colorless or red on the rear wheel. tape end and gradually pull in a direc- (g) Reflector tests. The pedal, front- tion 90° to the plane of the rim. The mount, rear-mount, and side-mount re- tape material must break before addi- flectors shall be tested in accordance tional separation (peeling) from the with the reflector test, § 1512.18(n), to rim is observed. assure the reflectance values over the (3) After the retroreflective material angles given in tables 1 and 2. is abraded in accordance with the abra- (h) Retroreflective tire sidewalls. When sion test for retroreflective rims at retroreflective tire sidewalls are used § 1512.18(r), the rim must then be tested in lieu of spoke-mounted reflectors, the for performance in accordance with the reflecting material shall meet the fol- retroreflective tire and rim test at lowing requirements: § 1512.18(o), to assure the reflectance (1) The retroreflective material shall properties over the angles given in form a continuous circle on the side- table 3. wall. [43 FR 60034, Dec. 22, 1978, as amended at 45 (2) The retroreflective material shall FR 82627, 82628, Dec. 16, 1980] adhere to the tire such that after the tire has been subjected to a tempera- § 1512.17 Other requirements. ture of 50° ±3 °C (122° ±5.4 °F) for 30 min- (a) Road test. Bicycles, other than utes, the retroreflective material can- sidewalk bicycles, shall be ridden at not be peeled or scraped away without least 6.4 km (4.0 mi.) by a rider weigh- removal of tire material. ing at least 68.1kg (150 lb.) and travel (3) The retroreflective material shall five times over a 30.5 m (100 ft.) cleated be as resistant to abrasion as is the ad- course in accordance with the road jacent sidewall material so that when test, § 1512.18(p), and shall exhibit sta- retroreflective material is removed ble handling, turning, and steering from the inflated tire by abrasion with characteristics without difficulty of a wet, steel bristle brush, tire material operation. There shall be no system or will be removed along with the component failure of the structure, retroreflective material. brakes, or tires, and there shall be no (4) The retroreflective material shall loosening or misalignment of the seat, be tested for performance in accord- handlebars, controls, or reflectors dur- ance with the retroreflective tire test, ing or resulting from this test. § 1512.18(o), to assure the reflectance (b) Sidewalk bicycle proof test. Side- properties over the angles given in walk bicycles shall be dropped a dis- table 3. When a portion of the tance of at least 300 mm (1.0 ft.) three retroreflective material is selected times onto a paved surface with (and the remainder is masked as speci- weights attached in accordance with fied in § 1512.18(o)(2)(i)), the selected the sidewalk bicycle proof test, portion shall not contact the ground § 1512.18(q). There shall be no fracture

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of wheels, frame, seat, handlebars, or stopped at that point, otherwise the fork during or resulting from this test. loading shall be increased to at least (c) Ground clearance. With the pedal 445 N (100 lbf). 4 Application of the load- horizontal and the pedal crank in its ing force shall be repeated for a total of lowest position and any training 10 times and all brake components wheels removed, it shall be possible to shall be inspected. tilt the bicycle at least 25° from the (ii) Loading test criteria. There shall vertical without the pedal or any other be no visible fractures, failures, mis- part (other than tires) contacting the alignments, and clearances not in com- ground plane. pliance with applicable parts of § 1512.5. (d) Toe clearance. Bicycles not (iii) Rocking test procedure. A weight equipped with positive foot-retaining of at least 68.1 kg (150 lb) shall be devices (such as toe clips) shall have at placed on the seat; the force required least 89 mm (31⁄2 in) clearance between for the hand levers to contact the han- the pedal and the front tire or fender dlebars or 445 N (100 lbf), as determined (when turned to any position). The in § 1512.18(d)(2), shall be applied to the clearance shall be measured forward hand levers; 4 and the bicycle shall be and parallel to the longitudinal axis of rocked forward and backward over a the bicycle from the center of either dry, clean, level, paved surface at least pedal to the arc swept by the tire or six times and for a distance of at least fender, whichever results in the least 76 mm (3 in) in each direction. clearance. (See figure 6 of this part (iv) Rocking test criteria. There shall 1512.) be no loosening of the brake pads, pad holders, or cable and hand-lever secur- § 1512.18 Tests and test procedures. ing devices or any other functional (a) Sharp edge test. [Reserved] brake component. (b) [Reserved] (v) Performance test procedure. The fol- (c) Protective cap and end-mounted de- lowing test conditions, unless other- vices test. (Ref. § 1512.4(i), § 1512.6(d).) wise specified in this part 1512, shall be Any device suitable for exerting a re- followed: moval force of at least 67 N (15 lbf) for (A) The bicycle shall be ridden over a dry, clean, smooth paved test course protective caps and 8.9 N (2.0 lbf) for free from protruding aggregate. The end caps at any point and in any direc- test course shall provide a coefficient tion may be used. All protective caps of friction of less then 1.0 and shall and end-mounted handlebar devices have a slope of less than 1 percent. shall be tested to determine that they (B) The wind velocity shall be less cannot be removed by application of than 11 km/h (7 mph). the specified forces. (C) Only the brake system under test (d) Handbrake loading and performance shall be actuated. test: (Ref. § 1512.5(b)). (D) The bicycle shall attain the spec- (1) Apparatus. A spring scale or other ified ground speed while the rider is in suitable device for measuring the spec- the normal riding position. ified forces on the handbrake levers (E) The rider shall remain in the nor- and a dry, clean, level, paved surface of mal riding position throughout the adequate length. test. (2) Procedure. The loading test, (F) The bicycle must be moving in a § 1512.18(d)(2)(i), and the rocking test, straight line at the start of brake ap- § 1512.18(d)(2)(iii), shall be performed be- plication. fore the performance test, (G) Corrections for velocity at the § 1512.18(d)(2)(v), is performed and no initiation of braking may be made. The adjustments shall be made between corrected braking distance shall be these tests. computed as follow: (i) Loading test procedure. The hand levers shall be actuated with a force 4 applied at a point no more than 25 mm For hand lever extensions, the loading shall be continued until a force of 445 N (100 (1.0 in) from the open end of the lever. lbf) is reached or the hand lever extension is If the hand lever contacts the handle- in the same plane as the upper surface of the bar (bottoms) before a force of 445 N handlebars or the extension lever contacts (100 lbf) is reached, the loading may be the handlebars.

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2 Sc = (Vs / Vm) Sm wheel completes one revolution. The brake shall be capable of producing a where: linearly proportional brake force for a Sc = Corrected braking distance, gradually applied pedal force from 89 N Vs = Specified test velocity. V = Measured test velocity, to 310 N (20 to 70 lbf) and shall not be m less than 178 N (40 lbf) for an applied Sm = Measured braking distance. pedal force of 310 N (70 lbf). All data The test run is invalid if at the com- points must fall within plus or minus mencement of the test, the measured 20 percent of the brake force, based on test speed of the bicycle is not less the measured brake load using the than nor greater than the test speed re- least square method of obtaining the quired by this part 1512 by 1.5 km/h (0.9 best straight line curve. mph). (3) Performance test. The procedure of (H) Four test runs are required. The § 1512.18(d)(2)(v) shall be followed to stopping distance shall be determined test the footbrake performance. The by averaging the results of the four stopping distance shall be less than 4.57 test runs. m (15 ft) from an actual test speed of 16 (I) The stopping distances specified km/h (10 mph). In addition, if the are based on a rider weight of at least equivalent ground speed of the bicycle 68.1 kg (150 lb) and a maximum rider is in excess of 24 km/h (15 mph) (in its and weight combination of 91 kg (200 highest gear ratio at a pedal crank rate lb). Greater stopping distances are al- of 60 revolutions per minute), 3 the lowable for heavier riders and test stopping distance shall be 4.57 m (15 ft) equipment weights at the rate of 0.30 m from an actual test speed of 24 km/h (15 per 4.5 kg (1.0 ft per 10 lb). mph) or greater. (J) A test run is invalid if front-wheel NOTE: No allowance shall be made for rider lockup occurs. weight. See § 1512.5(d) for additional require- (vi) Performance test criteria. The stop- ments for bicycles with both handbrakes and ping force applied to the hand lever at footbrakes. a point no closer than 25 mm (1.0 in) (f) Sidewalk bicycle footbrake force test. from the open end shall not exceed 178 For sidewalk bicycles, the footbrake N (40 lbf). Bicycles with an equivalent force test is the same as for bicycles ground speed in excess of 24 km/h (15 except; the brake force transmitted to mph) (in its highest gear ratio at a the rear wheel shall continually in- pedal crank rate of 60 revolutions per crease as the pedal force is increased minute) 3 shall stop from an actual test from 44.5 N to 225 N (10 to 50 lbf). The speed of 24 km/h (15 mph) or greater ratio of applied pedal force to braking within a distance of 4.57 m (15 ft); when force shall not be greater than two-to- the equivalent ground speed is less one. than 24 km/h (15 mph) under the same (g) Handlebar stem test. (Ref. conditions, the bicycle shall stop from § 1512.6(b)): an actual test speed of 16 km/h (10 mph) (1) Procedure. The handlebar stem or greater within a distance of 4.57 m shall be tested for strength by applying (15 ft). a force of 2000 N (450 lbf), in a forward (e) Footbrake force and performance direction, for bicycles, or 1000 N (225 test. (Ref. § 1512.5(c) (1) and (2)): lbf) for sidewalk bicycles, at a point in (1) Apparatus. Suitable devices for ex- line with the handlbar attachment erting and measuring the required point and at an angle of 45° from the forces and a dry, clean, level, paved stem centerline (See fig. 2). surface of adequate length. (2) Criteria. No visible fractures shall (2) Force test. The braking force shall result from this test. be measured as the wheel is rotated in (h) Handlebar test. (Ref. § 1512.6(e)): a direction of forward motion, and the (1) Stem-to-fork clamp test—(i) Proce- braking force is measured in a direc- dure. The handlebar and handlebar tion tangential to the tire during a stem shall be assembled to the bicycle steady pull after the wheel completes in accordance with the manufacturer’s one-half revolution but before the instructions. The handlebar-fork assembly shall be subjected to a torque 3 See footnote 3 to § 1512.5. applied about the axis of the stem, and

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shall then be disassembled and exam- out roughness and shall comply with ined for signs of structural damage in- the requirement of § 1512.11(b). cluding cracking, splitting, stripping of (3) Front hub retention test. (Ref. threads, bearing damage, and bulging § 1512.12(c)). of the stem and fork structures. The (i) Procedures. Front hub locking de- handlebar and handlebar stem compo- vices shall be released. When threaded nents shall be inspected for visible nuts and axles are used, the nuts shall signs of galling, gouging, and scoring be open at least 360° from a finger tight not due to normal assembly and dis- condition. A separation force of at assembly operations. least 111 N (25 lb) shall be applied to (ii) Criteria. There shall be no visible the hub on a line along the slots in the movement between the stem and fork fork ends. when a torque of 47+3, ¥0 N-m (35+2, (ii) Criteria. The front hub shall not ¥0 ft=lb) for bicycles and 20+3, ¥0 N-m separate from the fork; fenders, mud- (15+2, ¥0 ft=lb) for sidewalk bicycles is guards, struts, and brakes shall not be applied to the handlebar about the allowed to restrain the separation. stem-to-fork axis. There shall be no (k) Fork and frame test. (Ref. §§ 1512.13 visible signs of damage to the stem-to- and 1512.14): fork assembly or any component part (1) Fork test—(i) Procedure. With the thereof. fork stem supported in a 76 mm (3.0 in) (2) Handlebar strength and clamp test— vee block and secured by the method il- (i) Procedure. The stem shall be in place lustrated in figure 1 of this part 1512, a on the bicycle or in an equivalent test load shall be applied at the axle at- fixture and secured according to manu- tachment in a direction perpendicular facturer’s instructions. A load shall be to the centerline of the stem and applied equally to each handlebar end against the direction of the rake. Load in a direction to cause the greatest and deflection readings shall be re- torque about the handlebar-to-stem corded and plotted at the point of load- clamp; deflection shall be measured ing. The load shall be increased until a along the line of applied force. deflection of 64 mm (21⁄2 in) is reached. (ii) Criteria. The handlebars shall sup- (ii) Criteria. Energy of at least 39.5 J port a force of no less than 445 N (100 (350 in-lb) shall be absorbed with a de- lbf) or absorb no less than 22.6 J (200 in- flection in the direction of the force of lb) of energy through a maximum de- no more than 64 mm (21⁄2 in.). flection of no more than 76 mm (3.0 (2) Fork and frame assembly test—(i) in.); the handlebar clamp shall prevent Procedure. The fork, or one identical to rotational movement of the handlebars that tested in accordance with the fork relative to the clamp, and there shall test, § 1512.18(k)(1), shall be replaced on be no visible fractures. the bicycle in accordance with the (i) Pedal slip test. [Reserved] manufacturer’s instructions; and a load (j) Rim test. (Ref. §§ 1512.10 and of 890 N (200 lbf), or an energy of at 1512.11(c)): least 39.5 J (350 in-lb), whichever re- (1) Procedure. Only one wheel need be sults in the greater force, shall be ap- tested if the front and rear wheel are of plied to the fork at the axle attach- identical construction. The wheel to be ment point against the direction of the tested shall be removed from the bicy- rake in line with the rear wheel axle. cle and be supported circumferentially The test load shall be counteracted by around the tire sidewall. A load of 2000 a force applied at the location of the N (450 lbf) shall be applied to the axle rear axle during this test. and normal to the plane of the wheel (ii) Criteria. There shall be no visible for at least 30 seconds. If the wheel hub evidence of fracture and no deforma- is offset, the load shall be applied in tion of frame that significantly limits the direction of the offset. the steering angle over which the front (2) Criteria. The wheel and tire assem- wheel can be turned. bly shall be inspected for compliance (l) Seat adjustment clamps and load with the requirements of § 1512.11(a) test. (Ref. § 1512.15(c)). and shall be remounted on the bicycle (1) Procedure. A force of at least 668 N according to the manufacturer’s in- (150 lbf) shall be applied vertically structions and shall turn freely with- downward (334 N (75 lbf) for sidewalk

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bicycles) to a point within 25 mm (1.0 be guided by a tube with holes, but not in.) from either the front or rear of the restricted in free fall. Pedal reflectors seat, whichever produces the greatest are exempt from this impact condi- torque on the seat clamp. After re- tioning. moval of this force, a force of 222 N (50 (iii) Moisture conditioning. The reflec- lbf) shall then be applied horizontally tor shall be submerged in tap water in (111 N (25 lbf) for sidewalk bicycles) to a suitable container. The container a point within 25 mm (1.0 in.) from ei- shall be pressurized in 17.2 kN/m2 (2.5 ther the front or rear of the seat, psi) (equivalent to 1.7 m (53⁄4 ft.)) of whichever produces the greatest torque water for 15 minutes and then released. on the clamp. (2) Reflector performance test. (i) Ar- (2) Criteria. No movement of the seat rangements for the reflector perform- with respect to the seat post, or of the ance test shall be as shown in figure 3 seat post with respect to the bicycle and the distance D between the light frame, shall have resulted from appli- source and the reflector shall be 30.5 m cation of the forces specified. (100 ft.). The source of illumination (m) Reflector mount and alignment test. shall be a lamp with a 51 mm (2.0 in.) (Ref. § 1512.16 (c) and (d)): effective diameter and a filament oper- (1) Procedure. A force of 89 N (20 lbf) ating at 2,856±10 percent color tempera- shall be applied to the reflector mount ture. The observation point shall be coin at least three directions selected as located (as close as practicable) with most likely to affect its alignment. At the source of illumination. The reflec- least one of those directions shall be tor shall be mounted with the center of selected to represent a force that would the reflector at the center of rotation be expected in lifting the bicycle by and at the same horizontal level as the grasping the reflector. source of illumination. Photometric (2) Criteria. (i) During test: The optical measurements shall be made at the ob- axis of the reflector shall remain par- servation angles and entrance angles allel within 15° to the line or intersec- given in tables 1 and 2. tion of the ground plane and the center (ii) The observation angle is the plane of the bicycle defined as a plane angle formed by a line from the point containing both wheels and the of observation to the center of the re- centerlines of the down tube and seat flector with a second line from the cen- mast. ter of the reflector to the source of il- (ii) Post test: The optical axis of the lumination. The entrance angle is the reflector shall remain parallel within angle between the optical axis of the 5° to the line or intersection of the reflector and a line from the center of ground plane and the center plane of the reflector to the source of illumina- the bicycle defined as a plane con- tion. The entrance angle shall be des- taining both wheels and the centerlines ignated left, right, up, and down in ac- of the down tube and seat mast. cordance with the position of the (n) Reflector test. (Ref. § 1512.16(g)): source of illumination with respect to (1) Conditioning. The following condi- the axis of the reflector as viewed from tioning in the order given shall be per- behind the reflector when the plane of formed prior to testing for perform- the observation angle is vertical and ance. the receiver is above the source. (i) Warpage conditioning. The reflec- (iii) Photometric measurements shall tor shall be held in a preheated oven be made either visually or for at least one hour at 50° ±5 °C (122±5.4 photoelectrically. With either method, °F). A pedal reflector may be condi- the light reflected to the observation tioned integrally with its pedal. point shall be determined. Also, the il- (ii) Mechanical impact conditioning. lumination on the reflector from the The reflector shall be mounted faceup source shall be measured. in a manner similar to the way in (iv) For visual measurements a com- which it is mounted on the bicycle. A parison lamp, emitting light similar in 13 mm (1⁄2 in.) diameter polished steel spectral quality to the reflector, shall ball shall be dropped normal to the be located adjacent to the reflector (at center of the face of the reflector from an angle not to exceed 1⁄2°) and ar- a height of 0.76 m (30 in.). The ball may ranged so that the candlepower can be

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varied from 0.01 to 0.25 to make the in- nate system and when illuminated by tensity duplicate that of the reflector the source defined in table 4 of this under test. The candlepower of the part 1512, a reflector will be considered source of the illumination of the reflec- to be red if its color falls within the re- tor under test shall be known or deter- gion bounded by the red spectrum locus mined for this test. Means shall be pro- and the lines y0.980–¥x and y0.335; a re- vided to change the intensity of the flector will be considered to be amber source of illumination without chang- if its color falls within the region ing the filament color temperature. bounded by the yellow spectrum locus The comparison lamp shall be designed and the lines y0.382, y0.790–0.667x, and y to avoid reflection from the source of x–¥0.120. illumination back in the direction of (o) Reflective tire and rim test (Ref. the observer. It shall be of such size § 1512.16(h) and (i)): and so diffused that when viewed by (1) Apparatus. Arrangements for the the observer (through a 21⁄2× reducing reflective intensity measurement shall monocular), the candlepower can be be as shown in figure 3 of this part 1512. readily compared and adjusted to that A light projector (having a maximum of the reflector. The observer shall effective lens diameter of D/500, where have at least 10 minutes of dark D is the distance from the source to adaption before making observations. the retroreflective surface being meas- For photoelectric measurements, the ured) capable of projecting light of uni- opening to the photocell shall not be form intensity shall be used to illu- more than 1⁄2 inch vertical by 1 inch minate the sample. The light falling on horizontal. the sample shall have a color tempera- (v) Reflectors that mount on the bi- ture of 2856°K+10% (equivalent to a cycle in a fixed rotational position tungsten filament lamp operated at a with respect to the bicycle, or the bicy- color temperature of 2856°K+10% hav- cle component on which they are ing approximately the relative energy mounted (such as pedals or spokes), distribution given in table 4 of this shall be tested with a single orienta- part 1512). The light reflected from the tion. Reflectors that do not mount on test surface shall be measured with a the bicycle in a fixed rotational posi- photoelectric receiver, the response of tion with respect to the bicycle shall which has been corrected for the spec- be rotated about their axis through 360° tral sensitivity of the average photopic to find the minimum candlepower per human eye. The dimensions of the ac- footcandle for each test point. If the tive area of the receiver shall be such measurement falls below the minimum that no point on the perimeter of the requirement at any test point, the re- receiver is more than D/100 from its flector shall be rotated ±5° about its center (where d is the distance from axis from the angle where the min- the receiver to the retroreflective sur- imum occurs, and the maximum can- face). Wheels used for the measurement dlepower per footcandle within this of retroreflective tires or rims shall angle shall be the measured value. have all exposed metallic surfaces, in- (vi) Should uncolored reflections cluding spokes, masked in flat black so from the front surface interfere with that when measured these surfaces in- photometric readings at any test point dicate no appreciable reflectance. The the lowest reading and location within tire shall be mounted and fully in- 1° above, below, right, and left of the flated. Distances shall be measured test point shall meet the minimum re- from the plane of the wheel and the quirement for the test point. center of the hub. For the tests, the (vii) A recommended coordinate sys- distance D between the projector and tem for definition of color is the the center of the wheel and distance d ‘‘Internationale de l’Eclairage (CIE between the center of the wheel and 1931)’’ system in the IES Lighting Hand- the receiver shall each be at least 15 m book, 5 fifth edition, 1972. In the coordi- (50 ft.). (2) Procedure—(i) Masking. The re- 5 Copies may be obtained from Illuminating flecting strip to be tested shall be with- Engineering Society, 35 East 47th Street, in two concentric circles, the larger of New York, N.Y. 10017. which is no more than 0.02 m (0.79 in.)

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greater in radius than the smaller. men position (see instructions above in While additional reflecting material is this paragraph (o)(2)(iii) for averaging), permitted outside such boundaries, measured in the same units as Er, such additional material shall not be d = The distance in meters from the receiver to the center of the wheel, counted in determining the average r = The minimum radius in meters of the width of the reflecting strip and shall boundary circles of the retroreflective be masked off with opaque, matte strip. black tape in testing the reflecting material. The minimum value of A shall be that (ii) Orientation. Every position of the listed in table 3 of this part 1512 for reflecting strip on the rim or the each combination of entrance angle mounted and fully inflated tire to be and observation angle. The plane con- tested shall be oriented so that the taining the entrance angle and the normal to this portion is within 40° of plane containing the observation angle parallel to the axis of rotation of the shall coincide. In table 3, a positive en- wheel. trance angle corresponds to the case in (iii) Measurement. Measure the dis- which the line of sight to the receiver tance d from the receiver to the center lies between the line of incidence and of the wheel and the minimum distance the optic axis of the reflector, and a r from the axis of rotation of the wheel negative entrance angle corresponds to to the unmasked portion of the reflec- the case in which the line of incidence tive strip. Measure the illumination in- lies between the line of sight of the re- cident on the reflective strip at uni- ceiver and optic axis of the reflector. form intervals of no more than 45° (iv) Criteria. The ratio A as defined in around the wheel, with the receiver § 1512.18(o)(2)(iii) shall not be less than: oriented in the direction of the inci- A = 4Cos2q/[1+(F/0.225)3/2] dent radiation. The average of such readings will be the mean illumination where A is ratio in meters, q is the en- of the sample E. If any one of such trance angle in degrees, and F is the readings differs by more than 10 per- observation angle in degrees. The cri- cent from the mean illumination, then terion applies only for entrance angles a more uniform source must be ob- from 0° to 40° and observation angles tained. Measure the illumination of the from 0.2° to 1.5°, and performance is not receiver due to reflection from the specified beyond this range. The values retroreflective surface for each en- of A in table 3 are obtained from the trance angle and each observation above formula by rounding up to two angle given in table 3 of this part 1512. significant figures. Except in cases in The entrance angle and the observation which the performance of the reflector angle shall be in the same plane. A neg- is seriously questionable, a reflector ative entrance angle (figure 3 of this with A at least the value given in table part 1512) is specified when the en- 3 at each of the six combinations of entrance angle is small because the loca- trance and observation angles will be tion of the receiver with respect to the considered to satisfy this criteria. direction of illumination becomes im- (p) Road test. (Ref. §§ 1512.15(c) and portant for distinguishing between or- 1512.17(a)): dinary mirror-like reflection and (1) Procedure. The bicycle shall be rid- retroreflection. The illumination inci- den at least 6.4 km (4.0 mi.) by a rider dent on the test surface and the receiver shall be measured in the same weighing at least 68.1 kg (150 lb.) with units on a linear scale. Compute the the tires inflated to maximum recommended pressure. Travel shall in- ratio A for each combination of entrance angle and observation angle clude riding the bicycle five times over listed in table 3 as follows: a 30 m (100 ft.) course of wooden cleats fastened to a paved surface. The cleats 2 A = [(Er / Es)(d / r)] shall be a full 25 mm (1.0 in.) high by 51 Where: mm (2.0 in.) wide lumber with a 12 mm 1 1 A = Ratio in meters, by 12 mm ( ⁄2 in. by ⁄2 in.) chamfer of 45° on the corners contacting the tires. Er = Illumination incident upon the receiver, Es = Illumination incident upon a plane per- The cleats shall be spaced every 1.8 m pendicular to the incident ray at the speci- (6.0 ft.) over the 30 m (100 ft.) course.

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The bicycle shall be ridden over the (ii) Abrader. The abrader is a cup cleated course at a speed of at least 24 brush meeting the specification in km/hr (15 mph) with the rider firmly paragraph (r)(3)(v) of this section. It is seated. mounted in a chuck attached to a (2) Criteria. The bicycle shall exhibit motor that rotates about a vertical stable handling, turning, and steering axis at the specified rotational veloc- characteristics without difficulty of ity. A means is provided to apply the operation. There shall be no system or rotating cup brush at the specified component failure of the structure, force against the retroreflective mate- brakes, or tires and there shall be no rial on the bicycle wheel rim. The axis loosening or misalignment of the seat, of the abrading brush is positioned on handlebars, controls, or reflectors. the mid point in the width of the (q) Sidewalk bicycle proof test. (Ref. retroreflective material. The force is §§ 1512.15(c) and 1512.17(b)): produced by deadweights applied to a pan on the axis of the counterbalanced (1) The bicycle shall be Procedure. motor/brush assembly. loaded with weights of 13.6 kg (30 lb.) (3) Specifications. (i) The linear veloc- on the seat surface and 4.5 kg (10 lb.) ity of the reflective band on wheel rim attached to the end of each handle grip shall be 0.23 m/sec (9 in./sec) measured for a total load of 22.7 kg (50 lb.). The at a point on the axis of the abrading bicycle shall be lifted a distance of 0.3 brush. m (1.0 ft.) and dropped (while maintain- (ii) The rotational velocity of the ab- ing an upright position) three times rading brush shall be 60 rpm. onto a paved surface. Following this (iii) The force normal to the plane of and with weight removed, it shall be the retroreflective material at which allowed to fall in any configuration the abrading brush is to be applied and attitude from an upright position shall be 2 N (0.45 lbf). to the paved surface three times on (iv) The bicycle wheel shall make each side. 1000 complete revolutions per test. (r) Abrasion test for retroreflective rims. (v) The abrader shall be a cup brush (Ref. § 1512.16(i)): having bristles that are 0.005 in. (1) This test consists of a steel wire (approx. 0.13mm) diameter low carbon cup brush rotating at a constant veloc- steel wire; an outside diameter of 0.5 ity of 60 rpm that is applied at a force inch (aprox. .13mm); a wire bristle of 2 N (0.45 lbf) to the retroreflective length of 0.25 inch (approx. 6.4mm); and material on one side of a bicycle wheel a cup diameter of 0.405 inch (approx. rim. The rim is rotated about the axle 10.29mm). 6 at a linear velocity of 0.23 m/sec (9 in./ (vi) The abrasion test shall be con- sec). The test is complete when the ducted at an ambient temperature of ° ° ° ° wheel has completed 1000 revolutions. between 16 C (60 F) and 27 C (80 F). (2) Apparatus. Figure 8 of this part (4) Procedure. (i) The retroreflective bicycle rim to be tested shall be an un- 1512 illustrates the following test fix- used sample free from grit, grime and ture arrangement that is suitable to grease. Prior to beginning the test, re- perform this abrasion test: move, according to instructions sup- (i) Test fixture. The test fixture con- plied with the bicycle, any protective tains a clamp to hold the axle of a bi- coating or material used to prevent cycle wheel so that the wheel can ro- damage in shipping. tate freely about the axle. The axis of (ii) Test the wheel in a suitable test rotation is capable of being inclined fixture, according to the specifications from the vertical to bring that portion in paragraph (r)(3) of this section. of the side of the wheel rim containing (iii) Clamp the wheel by its axle in the retroreflective material into a hor- the test fixture and align the axis of izontal plane as it passes beneath the abrading brush. A drive mechanism to 6 rotate the bicycle wheel contains a For compliance testing the Commission will use a brush meeting this description dis- means to adjust the rotational velocity tributed by Dremel Manufacturing Company, to obtain the specified linear velocity Racine, Wisconsin as Dremel Part No. 442. measured at a point on the wheel rim This brush is manufactured by Weiler Brush on the axis of the abrading brush. Company as No. 26074, MC–10 Wire.

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rotation so that the portion of the re- properly accomplish assembly and ad- flective material below the axis of the justment, (2) a drawing illustrating the abrading brush is horizontal. minimum leg-length dimension of a (iv) Shape the cup brush by hand to rider and a method of measurement of the specified 0.5 (approx. 13mm) diame- this dimension. ter. Any stray wire bristles projecting (c) The minimum leg-length dimen- more than 1/32 in. (approx. 1 mm) be- sion shall be readily understandable yond the tip of the bulk of the bristles and shall be based on allowing no less should be clipped off. Adjust the posi- than one inch of clearance between (1) tion of the brush so that its axis is cen- the top tube of the bicycle and the tered over the mid-point in the width ground plane and (2) the crotch meas- of the retroreflective material. urement of the rider. A girl’s style (v) Adjust the rotational velocity of frame shall be specified in the same the bicycle wheel to obtain a linear ve- way using a corresponding boys’ model locity of 0.23 m/sec (9 in./sec) measured at the mid-point in the width of the as a basis. retroreflective material. Adjust the (d) [Reserved] force to obtain a force normal to the (e) Every bicycle subject to the re- surface under the brush of 2 N (0.45 lbf). quirements of this part 1512 shall bear (vi) Apply the abrading brush to the a marking or label that is securely af- retroreflective material on the wheel fixed on or to the frame of the bicycle rim, and continue the test for 1000 com- in such a manner that the marking or plete revolutions of the bicycle wheel. label cannot be removed without being defaced or destroyed. The marking or [43 FR 60034, Dec. 22, 1978, as amended at 45 FR 82628, Dec. 16, 1980; 46 FR 3204, Jan. 14, label shall identify the name of the 1981; 68 FR 52691, Sept. 5, 2003] manufacturer or private labeler and shall also bear some form of marking § 1512.19 Instructions and labeling. from which the manufacturer can iden- A bicycle shall have an instruction tify the month and year of manufac- manual attached to its frame or in- ture or from which the private labeler cluded with the packaged unit. can identify the manufacturer and the (a) The instruction manual shall in- month and year of manufacture. For clude at least the following: purposes of this paragraph, the term (1) Operations and safety instructions manufacture means the completion by describing operation of the brakes and the manufacturer of a bicycle of those gears, cautions concerning wet weather construction or assembly operations and night-time operation, and a guide that are performed by the manufac- for safe on-and-off road operation. turer before the bicycle is shipped from (2) Assembly instructions for accom- the manufacturer’s place of production plishing complete and proper assembly. for sale to distributors, retailers, or (3) Maintenance instructions for consumers. proper maintenance of brakes, control cables, bearing adjustments, wheel ad- [43 FR 60034, Dec. 22, 1978, as amended at 60 justments, lubrication, reflectors, tires FR 62990, Dec. 8, 1995] and handlebar and seat adjustments; should the manufacturer determine § 1512.20 Separability. that such maintenance is beyond the If any section or portion thereof of capability of the consumer, specifics this part 1512 or its application to any regarding locations where such mainte- person or circumstance is held invalid, nance service can be obtained shall be the remainder of the section(s) and its included. (their) application to other persons or (b) A bicycle less than fully assem- circumstances is not thereby affected. bled and fully adjusted shall have clearly displayed on any promotional Subpart B—Policies and display material and on the outside surface of the shipping carton the fol- Interpretations [Reserved] lowing: (1) A list of tools necessary to

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FIGURE 1 TO PART 1512—BICYCLE FRONT FORK CANTILEVER BENDING TEST RIG

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FIGURES 2 AND 3 TO PART 1512—HANDLEBAR STEM LOADING AND ENTRANCE 8 OBSERVATION ANGLES

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FIGURE 5 TO PART 1512—TYPICAL HANDBRAKE ACTUATOR SHOWING GRIP DIMENSION

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FIGURES 6 AND 7 TO PART 1512—TOE CLEARANCE AND CHAIN GUARD REQUIREMENTS

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FIGURE 8 TO PART 1512—REFLECTORIZED BICYCLE WHEEL RIM ABRASION TEST DEVICE

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TABLE 1 TO PART 1512—MINIMUM CAN- Wave length (nanometers) Relative DLEPOWER PER INCIDENT FOOT-CAN- energy 1 DLE FOR CLEAR REFLECTOR 490 ...... 53.91 500 ...... 59.86 Front, rear, and side Pedal reflectors; 510 ...... 66.06 reflectors; entrance entrance angle in 520 ...... 72.50 Observation angle in degrees degrees 530 ...... 79.13 angle 20 10 20 540 ...... 85.95 0 10 up/ left/ 0 up/ left/ 550 ...... 92.91 down right down right 560 ...... 100.00 570 ...... 107.18 0.2 ...... 27.0 18 .0 9 .0 7 .5 6.0 3 .0 580 ...... 114.44 0.3 ...... 6.0 4 .8 2 .4 590 ...... 121.73 1.5 ...... 28 .20 .12 .28 .20 .12 600 ...... 129.04 610 ...... 136.34 1 5 × Amber values shall be ⁄8 clear values. Red values shall 620 ...... 143.62 be 1⁄4 clear values. 630 ...... 150.83 640 ...... 157.98 TABLE 2 TO PART 1512—MINIMUM CAN- 650 ...... 165.03 DLEPOWER PER INCIDENT FOOT-CAN- 660 ...... 171.96 DLE FOR CLEAR REFLECTOR 1 670 ...... 178.77 680 ...... 185.43 Front, rear, and side reflec- 690 ...... 191.93 tors; entrance angle in de- 700 ...... 198.26 710 ...... 204.41 Observation angle grees 720 ...... 210.36 30 left/ 40 left/ 50 left/ 730 ...... 216.12 right right right 740 ...... 221.66 750 ...... 227.00 0.2 ...... 8.0 7 .0 6 .0 760 ...... 232.11 1.5 ...... 12 .12 .12

1 Amber values shall be 5⁄8 × clear values. Red values shall 1 × be ⁄4 clear values. PART 1513—REQUIREMENTS FOR TABLE 3 TO PART 1512—MINIMUM AC- BUNK BEDS CEPTABLE VALUES FOR THE QUAN- TITY A DEFINED IN THE Sec. 1513.1 Scope, application, and effective date. RETROREFLECTIVE TIRE AND RIM 1513.2 Definitions. TEST PROCEDURE 1513.3 Requirements. 1513.4 Test methods. Minimum acceptable value of Observation Entrance A 1513.5 Marking and labeling. angle (de- angle 1513.6 Instructions. grees) (degrees) Meters Feet FIGURE 1 TO PART 1513—WEDGE BLOCK FOR 0.2 ...... ¥4 2 .2 7 .25 TESTS IN § 1513.4 (a), (b), AND (c) .2 ...... 20 1 .9 6 .27 FIGURE 2 TO PART 1513—TEST PROBE FOR .2 ...... 40 1 .3 4 .29 NECK ENTRAPMENT ¥ 1.5 ...... 4 .22 .73 FIGURE 3 TO PART 1513—MOTION OF TEST 1.5 ...... 20 .19 .63 PROBE ARRESTED BY SIMULTANEOUS CON- 1.5 ...... 40 .13 .43 TACT WITH BOTH SIDES OF ‘‘A’’ SECTION OF PROBE AND BOUNDARIES OF OPENING [43 FR 60034, Dec. 22, 1978, as amended at 45 FIGURE 4 TO PART 1513—NECK PORTION OF ‘‘B’’ FR 82631, Dec. 16, 1980; 46 FR 3204, Jan. 14, SECTION OF PROBE ENTERS COMPLETELY 1981] INTO OPENING APPENDIX TO PART 1513—FINDINGS UNDER THE TABLE 4 TO PART 1512—RELATIVE EN- FEDERAL HAZARDOUS SUBSTANCES ACT ERGY DISTRIBUTION OF SOURCES AUTHORITY: 15 U.S.C. 1261(f)(1)(D), 1261(s), Relative 1262(e)(1), 1262(f)–(i). Wave length (nanometers) energy SOURCE: 64 FR 71907, Dec. 22, 1999, unless 380 ...... 9.79 otherwise noted. 390 ...... 12.09 400 ...... 14.71 § 1513.1 Scope, application, and effec- 410 ...... 17.68 tive date. 420 ...... 21.00 430 ...... 24.67 (a) Scope, basis, and purpose. This part 440 ...... 28.70 1513 prescribes requirements for bunk 450 ...... 33.09 beds to reduce or eliminate the risk 460 ...... 37.82 470 ...... 42.87 that children will die or be injured 480 ...... 48.25 from being trapped between the upper

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bunk and the wall or in openings below (4) For bunk beds designed to have a guardrails or in other structures in the ladder attached to one side of the bed, bed. Bunk beds meeting these require- the continuous guardrail shall be on ments are exempted from 16 CFR the other side of the bed. 1500.18(a)(18). (5) Guardrails shall be attached so (b) Application and effective date. This that they cannot be removed without part applies to all bunk beds, except either intentionally releasing a fas- those manufactured only for institu- tening device or applying forces se- tional use, that are manufactured in quentially in different directions. the United States, or imported, on or (6) The upper edge of the guardrails after June 19, 2000. (Facilities intended shall be no less than 5 inches (130 mm) for use by children under age 6 are not above the top surface of the mattress considered to be institutions.) Bunk when a mattress of the maximum beds, as described in this section, that thickness specified by the manufactur- are not intended for use by children are er’s instructions is on the bed. This re- subject to the requirements in 16 CFR quirement does not prohibit a wall-side part 1213, and not to 16 CFR guardrail that terminates in a quarter- 1500.18(a)(18). However, the provisions circle bend and attaches to the side rail of 16 CFR 1213 are substantively iden- of the upper bunk foundation. tical to the requirements in this part (7) With no mattress on the bed, 1513. there shall be no openings in the structure between the lower edge of the up- § 1513.2 Definitions. permost member of the guardrail and As used in this part 1513: the underside of the upper bunk’s foun- Bed. See Bunk bed. dation that would permit passage of the wedge block shown in Figure 1 of Bed end structure means an upright unit at the head and foot of the bed to this part when tested in accordance which the side rails attach. with the procedure at § 1513.4(a). (b) Bed end structures. (1) The upper Bunk bed means a bed in which the edge of the upper bunk end structures underside of any foundation is over 30 shall be at least 5 inches (130 mm) inches (760 mm) from the floor. above the top surface of the mattress Foundation means the base or sup- for at least 50 percent of the distance port on which a mattress rests. between the two posts at the head and Guardrail means a rail or guard on a foot of the upper bunk when a mattress side of the upper bunk to prevent a and foundation of the maximum thick- sleeping occupant from falling or roll- ness specified by the manufacturer’s ing out. instructions is on the bed. (2) With no mattress on the bed, § 1513.3 Requirements. there shall be no openings in the rigid (a) Guardrails. (1) Any bunk bed shall end structures above the foundation of provide at least two guardrails, at least the upper bunk that will permit the one on each side of the bed, for each free passage of the wedge block shown bed having the underside of its founda- in Figure 1 when tested in accordance tion more than 30 inches (760 mm) from with the procedure at § 1513.4(b). the floor. (3) When tested in accordance with (2) One guardrail shall be continuous § 1513.4(c), there shall be no openings in between each of the bed’s end struc- the end structures between the under- tures. ‘‘Continuous’’ means that any gap side of the foundation of the upper between the guardrail and end struc- bunk and upper side of the foundation ture shall not exceed 0.22 inches (5.6 of the lower bunk that will permit the mm) (so as to not cause a finger en- free passage of the wedge block shown trapment hazard for a child). in Figure 1, unless the openings are (3) The other guardrail may termi- also large enough to permit the free nate before reaching the bed’s end passage of a 9-inch (230-mm) diameter structures, providing there is no more rigid sphere. than 15 inches (380 mm) between either (4) All portions of the boundary of end of the guardrail and the nearest any opening required by §§ 1513.4(c)(1) bed end structure. and (2) to be probed by the wedge block

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of Figure 1, and that permits free pas- (i) Insert the ‘‘A’’ section of the test sage of a 9-inch diameter sphere, must template shown in Figure 2 of this part conform to the neck entrapment re- into the portion of the boundary to be quirements of § 1513.4(c)(3). tested, with the plane of the template in the plane of the opening and with § 1513.4 Test methods. the centerline of the top of the tem- (a) Guardrails (see § 1513.3(a)(6)). With plate (as shown in Figure 2) aligned no mattress on the bed, place the parallel to the centerline of the open- wedge block shown in Figure 1, tapered ing, until motion is stopped by contact side first, into each opening in the between the test template and the rigid bed structure below the lower boundaries of the opening (see Figure 3 edge of the uppermost member of the of this part). By visual inspection, de- guardrail and above the underside of termine if there is simultaneous con- the upper bunk’s foundation. Orient tact between the boundary of the open- the block so that it is most likely to ing and both sides of the ‘‘A’’ section of pass through the opening (e.g., the the template. If simultaneous contact major axis of the block parallel to the occurs, mark the contact points on the major axis of the opening) (‘‘most ad- boundary of the opening and conduct verse orientation’’). Then, gradually the additional test described in para- apply a 33-lbf (147–N) force in a direc- graph (c)(3)(ii) of this section. tion perpendicular to the plane of the (ii) To check the potential for neck large end of the block. Sustain the entrapment, place the neck portion of force for 1 minute. the ‘‘B’’ section of the template into the (b) Upper bunk end structure (see opening, with its plane perpendicular § 1513.3(b)(2)). Without a mattress or to both the plane of the opening and foundation on the upper bunk, place the centerline of the opening (see Fig- the wedge block shown in Figure 1 into any opening, tapered side first, and in ure 4 of this part). If the neck portion the most adverse orientation. Deter- of the ‘‘B’’ section of the template can mine if the wedge block can pass freely completely enter the opening (passes through the opening. 0.75 inch or more beyond the points (c) Lower bunk end structure (see previously contacted by the ‘‘A’’ section § 1513.3(b)(3)). (1) Without a mattress or of the template), the opening is consid- foundation on the lower bunk, place ered to present a neck entrapment haz- the wedge block shown in Figure 1, ta- ard and fails the test, unless its lower pered side first, into each opening in boundary slopes downward at 45’’ or the lower bunk end structure in the more for the whole distance from the most adverse orientation. Determine narrowest part of the opening the neck whether the wedge block can pass free- can reach to the part of the opening ly through the opening. If the wedge that will freely pass a 9-inch diameter block passes freely through the open- sphere. ing, determine whether a 9-inch (230- mm) diameter rigid sphere can pass § 1513.5 Marking and labeling. freely through the opening. (a) There shall be a permanent label (2) With the manufacturer’s rec- or marking on each bed stating the ommended maximum thickness mat- name and address (city, state, and zip tress and foundation in place, repeat code) of the manufacturer, distributor, the test in paragraph (c)(1) of this sec- or retailer; the model number; and the tion. month and year of manufacture. (3) All portions of the boundary of (b) The following warning label shall any opening that is required to be be permanently attached to the inside probed by the wedge block of Figure 1 of an upper bunk bed end structure in by paragraphs (c)(1) and (c)(2) of this a location that cannot be covered by section, and that permits free passage the bedding but that may be covered by of a 9-inch diameter sphere, must satisfy the requirements of paragraphs the placement of a pillow. (c)(3)(i) and (c)(3)(ii) of this section addressing neck entrapment:

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§ 1513.6 Instructions (1) Do not allow children under 6 Instructions shall accompany each years of age to use the upper bunk. bunk bed set, and shall include the fol- (2) Use guardrails on both sides of the lowing information. upper bunk. (a) Size of mattress and foundation. (3) Prohibit horseplay on or under The length and width of the intended beds. mattress and foundation shall be clear- (4) Prohibit more than one person on ly stated, either numerically or in con- upper bunk. ventional terms such as twin size, twin (5) Use ladder for entering or leaving extra-long, etc. In addition, the max- upper bunk. imum thickness of the mattress and (6) If the bunk bed will be placed next foundation required for compliance to a wall, the guardrail that runs the with § 1513.3 (a)(5) and (b)(1) of this part full length of the bed should be placed shall be stated. against the wall to prevent entrapment (b) Safety warnings. The instructions between the bed and the wall. (This ap- shall provide the following safety plies only to bunk beds without two warnings: full-length guardrails.)

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FIGURE 1 TO PART 1513—WEDGE BLOCK FOR TESTS IN § 1513.4 (a), (b), AND (c)

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FIGURE 2 TO PART 1513—TEST PROBE FOR NECK ENTRAPMENT

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FIGURE 3 TO PART 1513—MOTION OF TEST PROBE ARRESTED BY SIMULTANEOUS CONTACT WITH BOTH SIDES OF ‘‘A’’ SECTION OF PROBE AND BOUNDARIES OF OPENING

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FIGURE 4 TO PART 1513—NECK PORTION OF ‘‘B’’ SECTION OF PROBE ENTERS COMPLETELY INTO OPENING

APPENDIX TO PART 1513—FINDINGS any other aspect of the articles design or UNDER THE FEDERAL HAZARDOUS manufacture.’’ 15 U.S.C. 1261(s). 2. For a recent 9.6-year period, the CPSC SUBSTANCES ACT received reports of 57 deaths of children The Federal Hazardous Substances Act under age 15 who died when they were (FHSA) requires that the Commission, in trapped between the upper bunk of a bunk bed and the wall or when they were trapped order to issue part 1513, make the following in openings in the bed’s structure. Over 96% findings and include them in the rule. 15 of those who died in entrapment incidents U.S.C. 1261(s), 1262(i). Because of this, the were age 3 or younger. On average, averting facts and determinations in these findings these deaths is expected to produce a benefit apply as of the date the rule was issued, De- to society with a present value of about $175 cember 22, 1999. to $350 for each bed that otherwise would not A. Bunk beds present a mechanical hazard. have complied with one or more of the rule’s Section 2(s) of the FHSA states that an ‘‘ar- requirements. ticle may be determined to present a me- 3. This increased safety will be achieved in chanical hazard if, in normal use or when three main ways. First, all bunk beds will be subjected to reasonably foreseeable damage required to have a guardrail on both sides of or abuse, its design or manufacture presents the bed. If the bed is placed against a wall, an unreasonable risk of personal injury or the guardrail on that side is expected to pre- illness * * * (3 from * * * surfaces, edges, vent a child from being entrapped between openings, or closures ***, or (9) because of the bed and the wall. The guardrail on the

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wall side of the bed must extend continu- summarized an interpretation of ‘‘substantial ously from one end to the other. Second, the compliance’’ that the Office of General Coun- end structures of the bed must be con- sel provided to the Commission. 64 FR 10245, structed so that, if an opening in the end 10248–49 (March 3, 1999). The Commission spe- structure is large enough so a child can slip cifically invited public comment on that in- his or her body through it, it must be large terpretation from ‘‘all persons who would be enough that the child’s head also can pass affected by such an interpretation.’’ Id. at through. Third, this area must also be con- 10249. The Commission received more than 20 structed so that a child cannot insert his or comments on the interpretation. her head into an opening and move to an- ii. Having now considered all the evidence other part of the opening where the head that the staff has presented, the comments cannot be pulled out and the neck can be- from the public, and the legal advice from come entrapped. the Office of General Counsel, the Commis- 4. For the reasons discussed in paragraph C of this appendix, the benefits of the changes sion concludes that there is not ‘‘substantial to bunk beds caused by this rule will have a compliance’’ with the ASTM voluntary reasonable relationship to the changes’ standard for bunk beds within the meaning costs. The rule addresses a risk of death, and of the Consumer Product Safety Act and the applies primarily to a vulnerable population, Federal Hazardous Substances Act. See, e.g., children under age 3. The life-saving features 15 U.S.C. 2058(f)(3)(D)(ii); 15 U.S.C. required by the rule are cost-effective and 1262(i)(2)(A)(ii). However, the Commission can be implemented without adversely af- does not adopt a general interpretation of fecting the performance and availability of ‘‘substantial compliance’’ focusing on wheth- the product. The effective date provides er the level of compliance with a voluntary enough time so that production of bunk beds standard could be improved under a manda- that do not already comply with the stand- tory standard. Rather, the grounds for the ard can easily be changed so that the beds Commission’s decision focus on the specific comply. Accordingly, the Commission finds facts of this rulemaking and are stated that there is an unreasonable risk of entrap- below. ment injury associated with bunk beds that iii. The legislative history regarding the do not comply with part 1513. meaning of ‘‘substantial compliance’’ indi- B. Where a voluntary standard has been cates that the Commission should consider adopted and implemented by the affected indus- whether compliance is sufficient to elimi- try, that compliance with such voluntary stand- nate or adequately reduce the risk of injury ard is not likely to result in the elimination or in a timely fashion and that, generally, com- adequate reduction of the risk of injury, or it is pliance should be measured in terms of the unlikely that there will be substantial compli- number of complying products, rather than ance with such voluntary standard. the number of manufacturers who are in 1. Adequacy of the voluntary standard. In compliance. E.g., Senate Report No. 97–102, this instance, there is a voluntary standard p. 14 (May 15, 1981); House Report No. 97–158, addressing the risk of entrapment in bunk p. 11 (June 19, 1981); H. Conf. Rep. No. 97–208, beds. However, the rule goes beyond the pro- 97th Cong., 1st Sess. 871, reprinted in 1981 visions of the voluntary standard. First, it U.S. Code Cong. & Admin. News 1010, 1233. eliminates the voluntary standard’s option to have an opening of up to 15 inches at each iv. Given this Congressional guidance, the end of the wall-side guardrail. Second, it re- Commission believes it appropriate to exam- quires more of the lower bunk end structures ine the number of conforming products as to have entrapment protection. The vol- the starting point for analysis. However, the untary standard protects against entrap- Commission does not believe that there is ment only within the 9-inch space imme- any single percentage of conforming prod- diately above the upper surface of the lower ucts that can be used in all cases to define bunk’s mattress. The mandatory standard ‘‘substantial compliance.’’ Instead, the per- extends this area of protection upward to the centage must be viewed in the context of the level of the underside of the upper bunk hazard the product presents. Thus, the Com- foundation. Both of these provisions, which mission must examine what constitutes sub- are in the rule but not in the voluntary stantial compliance with a voluntary stand- standard, address fatalities and, as noted in ard in light of its obligation to safeguard the this paragraph (a)(18), have benefits that American consumer. bear a reasonable relationship to their costs. v. There are certain factors the agency Therefore, the Commission finds that com- considers before it initiates regulatory ac- pliance with the voluntary standard is not tion, such as the severity of the potential in- likely to result in the elimination or ade- jury, whether there is a vulnerable popu- quate reduction of the risk of entrapment in- lation at risk, and the risk of injury. See 16 jury or death. CFR 1009.8. These and other factors also ap- 2. Substantial compliance. i. The FHSA does propriately inform the Commission’s deci- not define ‘‘substantial compliance.’’ The sion regarding whether a certain level of March 3, 1999 Notice of Proposed Rulemaking conformance with a voluntary standard is

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substantial. In the light of these factors, in- quate reduction of the unreasonable risk of dustry’s compliance rate with the voluntary death to infants and children in a timely standard for bunk beds is not substantial. fashion, and it is unlikely to do so. Accord- vi. In this case, the Commission deals with ingly, the Commission finds that substantial the most severe risk—death—to one of the compliance with the voluntary standard for most vulnerable segments of our popu- bunk beds is unlikely. lation—infants and young children. While xiii. Products that present some or all of the risk of death is not high, it exists when- the following factors might not be held to as ever a young child is in a residence with a strict a substantial compliance analysis. nonconforming bunk bed. Those which: vii. Additionally, some products, such as —Rarely or never cause death; hairdryers without shock protection devices, —Cause only less severe injuries; require some intervening action (dropping —Do not cause deaths or injuries principally the hair dryer into water) to create the haz- to a vulnerable segment of the population; ard. By contrast, deaths in bunk beds occur —Are not intended for children and which during the intended use of the product—a have no special attraction for children; child rolling over in bed or climbing in or —Have a relatively short life span; out of it—without any intervening action. —Are made by a few stable manufacturers or viii. The Commission must also consider which can only be made by specialized that bunk beds have a very long product life, manufacturers needing a significant manu- frequently being passed on to several fami- facturing investment to produce the prod- lies before being discarded. Thus, a number uct; of children may be exposed to a bed during —Are covered by a voluntary standard which its useful life. Every noncomplying bed that continues to capture an increasing amount poses an entrapment hazard presents the po- of noncomplying products; or tential risk of death to any young child in —Require some additional intervening ac- the house. It is a risk that is hard for a par- tion to be hazardous. ent to protect against, as children find their xiv. And, in analyzing some other product, way onto these beds even if they are not put there could be other factors that would have to sleep in them. to be taken into consideration in deter- ix. Bunk beds are products that can be mining what level of compliance is adequate made relatively easily by very small compa- to protect the public. The tolerance for non- nies, or even by a single individual. The Of- conformance levels has to bear some rela- fice of Compliance believes smaller entities tionship to the magnitude and manage- will always present a compliance problem, ability of the hazard addressed. because new manufacturers can enter the xv. The Commission emphasizes that its marketplace relatively easily and need little decision is not based on the argument that a expertise to make a wooden bunk bed. The mandatory rule provides more powerful en- evidence seems to support the view that forcement tools. If this were sufficient ra- there will always be an irreducible number of tionale, mandatory rules could always dis- new, smaller bunk bed manufacturers who place voluntary standards, and this clearly will not follow the voluntary standard. was not Congress’s intent. But, with a man- x. What constitutes substantial compliance datory standard, the necessity of complying is also a function of what point in time the with a mandatory federal regulation will be issue is examined. In 1989, the Commission understandable to small manufacturers. denied a petition for a mandatory bunk bed State and local governments will have no rule. At that time, industry was predicting doubt about their ability to help us in our ef- that by April of 1989, 90% of all beds being forts to locate these manufacturers. manufactured would comply with the vol- C. The benefits expected from the rule bear a untary guidelines. But that was in the con- reasonable relationship to its costs. text of years of steadily increasing conform- 1. Bunk beds that do not comply with ASTM’s ance and the hope that conformance would requirements for guardrails. The cost of pro- continue to grow and that deaths and near- viding a second guardrail for bunk beds that misses would begin to decline. But the con- do not have one is expected to be from $15– formance level never grew beyond the projec- 40 per otherwise noncomplying bed. If, as ex- tion for 1989 and deaths and near-misses have pected, the standard prevents virtually all of not dropped. the deaths it addresses, the present value of xi. Even with the existing compliance rate, the benefits of this modification are esti- the Commission is contemplating the pros- mated to be from $175–350 per otherwise non- pect of perhaps 50,000 nonconforming beds a complying bed. Thus, the benefit of this pro- year (or more) entering the marketplace, vision is about 4–23 times its cost. with many beds remaining in use for perhaps 2. Bunk beds that comply with ASTM’s re- 20 years or longer. Under these cir- quirements for guardrails. The voluntary cumstances, a 10% rate of noncompliance is standard allows up to a 15-inch gap in the too high. coverage of the guardrail on the wall side of xii. It is now clear that the bunk bed vol- the upper bunk. Additional entrapment untary standard has not achieved an ade- deaths are addressed by requiring that the

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wall-side guardrail be continuous from one or added to the costs of compliance to end of the bed to the other. The estimated ASTM’s provisions. present value of the benefits of this require- 5. Conclusion. The Commission has no rea- ment will be $2.40 to $3.50 per otherwise non- son to conclude that any of the standard’s complying bed. The Commission estimates requirements have costs that exceed the re- that the materials cost to extend one guard- quirement’s expected benefits. Further, the rail an additional 30 inches (760 mm) will be total effect of the rule is that the benefits of less than the present value of the benefits of the rule will exceed its costs by about 4–23 making the change. Further, the costs of any times. Accordingly, the Commission con- design changes can be amortized over the cludes that the benefits expected from the number of bunk beds produced after the de- rule will bear a reasonable relationship to its sign change is made. Thus, any design costs costs. are nominal. D. The rule imposes the least burdensome re- 3. Lower bunk end structures. The Commis- quirement that prevents or adequately reduces sion is aware of a death, involving entrap- the risk of injury for which the rule is being ment in the end structures of the lower promulgated. 1. The Commission considered bunk, occurring in a scenario not currently relying on the voluntary standard, either addressed by the voluntary standard. This alone or combined with a third-party certifi- death is addressed by extending the upper cation program. However, the Commission limit of the voluntary standard’s lower bunk concludes that a mandatory program will be end structures entrapment provisions from 9 more effective in reducing these deaths, each inches above the lower bunk’s sleeping sur- of which is caused by an unreasonable risk of face to the bottom of the upper bunk and by entrapment. Accordingly, these alternatives also including a test for neck entrapment in would not prevent or adequately reduce the this area. The Commission expects the costs risk of injury for which the rule is being proof this requirement to be design-related mulgated. only, and small. Indeed, for some bunk beds, 2. The Commission also considered a sug- material costs may decrease since less mate- gestion that bunk beds that conformed to rial may be required to comply with these the voluntary standard be so labeled. Con- requirements than are currently being used. sumers could then compare conforming and Again, the design costs for these modifica- nonconforming beds at the point of purchase tions to the end structures can be amortized and make their purchase decisions with this over the subsequent production run of the safety information in mind. This, however, bed. would not necessarily reduce injuries, be- 4. Effect on market. The small additional cause consumers likely would not know costs from any wall-side guardrail and end- there is a voluntary standard and thus would structure modifications are not expected to not see any risk in purchasing a bed that was affect the market for bunk beds, either alone not labeled as conforming to the standard.

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