§ 1278. — Requirements for labeling certain toys and games.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1278]
TITLE 15--COMMERCE AND TRADE
CHAPTER 30--HAZARDOUS SUBSTANCES
Sec. 1278. Requirements for labeling certain toys and games
(a) Toys or games for children who are at least 3
(1) Requirement
The packaging of any toy or game intended for use by children
who are at least 3 years old but not older than 6 years (or such
other upper age limit as the Commission may determine, which may not
be less than 5 years old), any descriptive material which
accompanies such toy or game, and, in the case of bulk sales of such
toy or game when unpackaged, any bin, container for retail display,
or vending machine from which the unpackaged toy or game is
dispensed shall bear or contain the cautionary statement described
in paragraph (2) if the toy or game--
(A) is manufactured for sale, offered for sale, or
distributed in commerce in the United States, and
(B) includes a small part, as defined by the Commission.
(2) Label
The cautionary statement required by paragraph (1) for a toy or
game shall be as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(b) Balloons, small balls, and marbles
(1) Requirement
In the case of any latex balloon, any ball with a diameter of
1.75 inches or less intended for children 3 years of age or older,
any marble intended for children 3 years of age or older, or any toy
or game which contains such a balloon, ball, or marble, which is
manufactured for sale, offered for sale, or distributed in commerce
in the United States--
(A) the packaging of such balloon, ball, marble, toy, or
game,
(B) any descriptive material which accompanies such balloon,
ball, marble, toy, or game, and
(C) in the case of bulk sales of any such product when
unpackaged, any bin, container for retail display, or vending
machine from which such unpackaged balloon, ball, marble, toy,
or game is dispensed,
shall bear or contain the cautionary statement described in
paragraph (2).
(2) Label
The cautionary statement required under paragraph (1) for a
balloon, ball, marble, toy, or game shall be as follows:
(A) Balloons
In the case of balloons, or toys or games that contain latex
balloons, the following cautionary statement applies:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(B) Balls
In the case of balls, the following cautionary statement
applies:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(C) Marbles
In the case of marbles, the following cautionary statement
applies:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(D) Toys and games
In the case of toys or games containing balls, the following
cautionary statement applies:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
In the case of toys or games containing marbles, the following
cautionary statement applies:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(c) General labeling requirements
(1) In general
Except as provided in paragraphs (2) and (3), any cautionary
statement required under subsection (a) or (b) of this section shall
be--
(A) displayed in its entirety on the principal display panel
of the product's package, and on any descriptive material which
accompanies the product, and, in the case of bulk sales of such
product when unpackaged, on the bin, container for retail
display of the product, and any vending machine from which the
unpackaged product is dispensed, and
(B) displayed in the English language in conspicuous and
legible type in contrast by typography, layout, or color with
other printed matter on such package, descriptive materials,
bin, container, and vending machine, and in a manner consistent
with part 1500 of title 16, Code of Federal Regulations (or
successor regulations thereto).
(2) Exception for products manufactured outside United
States
In the case of a product manufactured outside the United States
and directly shipped from the manufacturer to the consumer by United
States mail or other delivery service, the accompanying material
inside the package of the product may fail to bear the required
statement if other accompanying material shipped with the product
bears such statement.
(3) Special rules for certain packages
(A) A cautionary statement required by subsection (a) or (b) of
this section may, in lieu of display on the principal display panel
of the product's package, be displayed on another panel of the
package if--
(i) the package has a principal display panel of 15 square
inches or less and the required statement is displayed in three
or more languages; and
(ii) the statement specified in subparagraph (B) is
displayed on the principal display panel and is accompanied by
an arrow or other indicator pointing toward the place on the
package where the statement required by subsection (a) or (b) of
this section appears.
(B)(i) In the case of a product to which subsection (a) of this
section, subsection (b)(2)(B) of this section, subsection (b)(2)(C)
of this section, or subsection (b)(2)(D) of this section applies,
the statement specified by this subparagraph is as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(ii) In the case of a product to which subsection (b)(2)(A) of
this section applies, the statement specified by this subparagraph
is as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(d) Treatment as misbranded hazardous substance
A balloon, ball, marble, toy, or game, that is not in compliance
with the requirements of this subsection shall be considered a
misbranded hazardous substance under section 1261(p) of this title.
(Pub. L. 86-613, Sec. 24, as added Pub. L. 103-267, title I,
Sec. 101(a), June 16, 1994, 108 Stat. 722.)
Effective Date
Section 101(d) of Pub. L. 103-267 provided that: ``Subsections (a)
and (b) [enacting this section and provisions set out as a note under
section 1261 of this title] shall take effect January 1, 1995, and
section 24 of the Federal Hazardous Substances Act [this section] shall
apply only to products entered into commerce on or after January 1,
1995.''
Regulations
Section 101(c) of Pub. L. 103-267 provided that: ``The Consumer
Product Safety Commission (hereinafter referred to as the `Commission')
shall promulgate regulations, under section 553 of title 5, United
States Code, for the implementation of this section [enacting this
section and provisions set out as notes under this section and section
1261 of this title] and section 24 of the Federal Hazardous Substances
Act [this section] by July 1, 1994, or the date that is 6 months after
the date of enactment of this Act [June 16, 1994], whichever occurs
first. Subsections (f) through (i) of section 3 of the Federal Hazardous
Substances Act (15 U.S.C. 1262) shall not apply with respect to the
issuance of regulations under this subsection.''
Preemption
Section 101(e) of Pub. L. 103-267 provided that:
``(1) In general.--Subject to paragraph (2), a State or political
subdivision of a State may not establish or enforce a requirement
relating to cautionary labeling of small parts hazards or choking
hazards in any toy, game, marble, small ball, or balloon intended or
suitable for use by children unless such requirement is identical to a
requirement established by amendments made by this section to the
Federal Hazardous Substances Act [enacting this section] or by
regulations promulgated by the Commission.
``(2) Exception.--A State or political subdivision of a State may,
until January 1, 1995, enforce a requirement described in paragraph (1)
if such requirement was in effect on October 2, 1993.''
