[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1500.17]

[Page 422-427]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1500_HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND 
ENFORCEMENT REGULATIONS--Table of Contents
 
Sec.  1500.17  Banned hazardous substances.

    (a) Under the authority of section 2(q)(1)(B) of the act, the 
Commission declares as banned hazardous substances the following 
articles because they possess such a degree or nature of hazard that 
adequate cautionary labeling cannot be written and the public health and 
safety can be served only by keeping such articles out of interstate 
commerce:
    (1) Mixtures that are intended primarily for application to interior 
masonry walls, floors, etc., as a water repellant treatment and that are 
``extremely flammable'' within the meaning of section 2(1) of the act 
(repeated in Sec.  1500.3(b)(10)).
    (2) Carbon tetrachloride and mixtures containing it (including 
carbon tetrachloride and mixtures containing it used in fire 
extinguishers), excluding unavoidable manufacturing residues of carbon 
tetrachloride in other chemicals that under reasonably foreseeable

[[Page 423]]

conditions of use do not result in an atmospheric concentration of 
carbon tetrachloride greater than 10 parts per million.
    (3) Fireworks devices intended to produce audible effects (including 
but not limited to cherry bombs, M-80 salutes, silver salutes, and other 
large firecrackers, aerial bombs, and other fireworks designed to 
produce audible effects, and including kits and components intended to 
produce such fireworks) if the audible effect is produced by a charge of 
more than 2 grains of pyrotechnic composition; except that this 
provision shall not apply to such fireworks devices if all of the 
following conditions are met:
    (i) Such fireworks devices are distributed to farmers, ranchers, or 
growers through a wildlife management program administered by the U.S. 
Department of the Interior (or by equivalent State or local government 
agencies); and
    (ii) Such distribution is in response to a written application 
describing the wildlife management problem that requires use of such 
devices, is of a quantity no greater than required to control the 
problem described, and is where other means of control are unavailable 
or inadequate. (See also Sec.  1500.14(b)(7); Sec.  1500.17(a) (8) and 
(9); Sec.  1500.83(a)(27); Sec.  1500.85(a)(2); and part 1507).
    (4) Liquid drain cleaners containing 10 percent or more by weight of 
sodium and/or potassium hydroxide; except that this subparagraph shall 
not apply to such liquid drain cleaners if packaged in accordance with a 
standard for special packaging of such articles promulgated under the 
Poison Prevention Packaging Act of 1970 (Pub. L. 91-601, 84 Stat. 1670-
74 (15 U.S.C. 1471-76)).
    (5) Products containing soluble cyanide salts, excluding unavoidable 
manufacturing residues of cyanide salts in other chemicals that under 
reasonable and foreseeable conditions of use will not result in a 
concentration of cyanide greater than 25 parts per million.
    (6)(i) Any paint or other similar surface-coating material intended, 
or packaged in a form suitable, for use in or around the household that:
    (A) Is shipped in interstate commerce after December 31, 1973, and 
contains lead compounds of which the lead content (calculated as the 
metal) is in excess of 0.06 percent of the total weight of the contained 
solids or dried paint film; or
    (B) Is shipped in interstate commerce after December 31, 1972, and 
contains lead compounds of which the lead content (calculated as the 
metal) is in excess of 0.5 percent of the total weight of the contained 
solids or dried paint film.
    (C) [Reserved]
    (D) The provisions of paragraph (a)(6)(i) of this section do not 
apply to artists' paints and related materials.
    (ii) Any toy or other article intended for use by children that:
    (A) Is shipped in interstate commerce after December 31, 1973, and 
bears any paint or other similar surface-coating material containing 
lead compounds of which the lead content (calculated as the metal) is in 
excess of 0.06 percent of the total weight of the contained solids or 
dried paint film; or
    (B) Is shipped in interstate commerce after December 31, 1972, and 
bears any paint or other similar surface-coating material containing 
lead compounds of which the lead content (calculated as the metal) is in 
excess of 0.5 percent of the total weight of the contained solids or 
dried paint film.
    (iii) Since the Commission has issued comprehensive regulations for 
lead-containing paint and certain consumer products bearing such paint 
at the 0.06 percent level under the Consumer Product Safety Act (see 16 
CFR part 1303), paragraphs (i) and (ii) of Sec.  1500.17(a)(6) are 
revoked as to the subject products manufactured after February 27, 1978.

    Note: The effective date of paragraphs (a)(6)(i)(A) and 
(a)(6)(ii)(A) was stayed by an order published in the Federal Register 
of August 10, 1972 (37 FR 16078).

    (7) General-use garments containing asbestos (other than garments 
having a bona fide application for personal protection against thermal 
injury and so constructed that the asbestos fibers will not become 
airborne under reasonably foreseeable conditions of use).
    (8) Firecrackers designed to produce audible effects, if the audible 
effect is produced by a charge of more than 50 milligrams (.772 grains) 
of pyrotechnic

[[Page 424]]

composition (not including firecrackers included as components of a 
rocket), aerial bombs, and devices that may be confused with candy or 
other foods, such as ``dragon eggs,'' and ``cracker balls'' (also known 
as ``ball-type caps''), and including kits and components intended to 
produce such fireworks except such devices which meet all of the 
following conditions:
    (i) The fireworks devices are distributed to farmers, ranchers, or 
growers through a wildlife management program administered by the U.S. 
Department of Interior (or by equivalent State or local governmental 
agencies); and
    (ii) Such distribution is in response to a written application 
describing the wildlife management problem that requires use of such 
devices, is of a quantity no greater than required to control the 
problem described, and is where other means of control is unavailable or 
inadequate. (See also Sec.  1500.17(a) (3) and (9)).
    (9) All fireworks devices, other than firecrackers, including kits 
and components intended to produce such fireworks, not otherwise banned 
under the act, that do not comply with the applicable requirements of 
part 1507 of this chapter, except fireworks devices which meet all the 
following conditions:
    (i) The fireworks devices are distributed to farmers, ranchers, or 
growers through a wildlife management program administered by the U.S. 
Department of the Interior (or by equivalent State or local government 
agencies); and
    (ii) Such distribution is in response to a written application 
describing the wildlife management problem that requires use of such 
devices, is of a quantity no greater than required to control the 
problem described, and is where other means of control is unavailable or 
inadequate. (See also Sec.  1500.17(a) (3) and (8)).
    (10) Self-pressurized products intended or suitable for household 
use that contain vinyl chloride monomer as an ingredient or in the 
propellant manufactured or imported on or after October 7, 1974. (See 
also Sec.  1500.17(a) (3) and (8)).
    (11)(i) Reloadable tube aerial shell fireworks devices that use 
shells larger than 1.75 inches in outer diameter and that are imported 
on or after October 8, 1991.
    (ii) Findings. (A) General. In order to issue a rule under section 
2(q)(1) of the Federal Hazardous Substances Act (``FHSA''), 15 U.S.C. 
1261(q)(1), classifying a substance or article as a banned hazardous 
substance, the FHSA requires the Commission to make certain findings and 
to include these findings in the regulation. These findings are 
discussed below.
    (B) Voluntary standard. Although a voluntary standard relating to 
the risk of injury associated with reloadable tube aerial shells has 
been adopted, it has not been implemented. Thus, the Commission is not 
required to make findings covering the likelihood that the voluntary 
standard would result in elimination or adequate reduction of the risk 
of injury or that there would be substantial compliance with the 
voluntary standard.
    (C) Relationship of benefits to costs. The Commission estimates that 
the removal of large reloadable shells from the market is likely to 
virtually eliminate the number of associated injuries, with only a 
slight offsetting increase in the number of injuries due to the use of 
substitute Class C fireworks products available to consumers. The 
estimated net benefits range from essentially zero to close to $1 
million annually. The annual costs of a ban are estimated to be very 
low. Included are potential costs to foreign manufacturers and U.S. 
importers from sales losses, production changes, and inventory 
retrofitting, and slightly reduced market choices for consumers who 
purchase aerial display fireworks. Costs to each of these sectors are 
estimated to be slight, and are reduced to the extent that alternative 
products are perceived as adequate substitutes for large reloadable 
shells. Thus, the Commission finds that the benefits expected from the 
regulation bear a reasonable relationship to its costs.

[[Page 425]]

    (D) Least burdensome requirement. The Commission considered several 
alternatives to the ban. These included: Design or performance criteria; 
additional or alternative labeling; inclusion of some reloadable shells 
1.75 inches or smaller in the ban; and no action in reliance on the 
voluntary standard. The Commission determined that a ban of reloadable 
shells larger than 1.75 inches in outer diameter is the least burdensome 
alternative that would prevent or adequately reduce the risk of injury.
    (1) Regarding design or performance criteria, the Commission 
considered requirements similar to those stated in the voluntary 
standard of the American Fireworks Standards Laboratory (``AFSL''). 
However, such criteria may increase the cost of the product and would 
not address all factors involved in the incidents. Further, concerns 
exist about the feasibility of criteria and quality control.
    (2) Regarding additional or alternative labeling, the users' 
perception and experience concerning the amount of time available to get 
away may lead them to disregard an inconsistent warning. There are no 
data to suggest that a significant number, if any, incidents would be 
avoided if large reloadable shells carried more detailed labels or 
instructions than they currently do. It cannot be concluded that 
potential benefits would be greater than zero.
    (3) The Commission considered including reloadable shells that are 
1.75 inches or less in outer diameter and have the ``equivalent 
explosive power'' of larger shells. A kinetic energy level of 70 joules 
was considered to evaluate explosive power. However, any potential 
benefits are uncertain since the Commission concluded that a clear 
relation between kinetic energy and injury potential could not be 
established. Also, costs could be slightly higher.
    (4) The Commission also considered imposing no mandatory 
requirements on large reloadable shells and relying instead on the AFSL 
voluntary standard. However, it is uncertain whether any net benefits to 
consumers would result from this alternative, since the level of injury 
reduction could be near zero if, as is probable, some firms chose not to 
conform with some or all of the AFSL standard.
    (12)(i) Large multiple-tube devices. Multiple-tube mine and shell 
fireworks devices that first enter commerce or are imported on or after 
March 26, 1997, that have any tube measuring 1.5 inches (3.8 cm) or more 
in inner diameter, and that have a minimum tip angle less than 60 
degrees when tested in accordance with the procedure of Sec.  1507.12 of 
this part.
    (ii) Findings--(A) General. In order to issue a rule under the 
section 2(q)(1) of the FHSA, 15 U.S.C. 1261(q)(1), classifying a 
substance or article as a banned hazardous substance, the FHSA requires 
the Commission to make certain findings and to include these in the 
regulation. These findings are discussed in paragraphs (a)(12)(ii) (B) 
through (D) of this section.
    (B) Voluntary standard. (1) One alternative to the tip-angle 
requirement that the Commission considered is to take no mandatory 
action, and to depend on a voluntary standard. The American Fireworks 
Safety Laboratory (AFSL) has a standard for mines and shells intended to 
address the potential tip-over hazard associated with multiple-tube 
fireworks devices. AFSL's Voluntary Standard for Mines and Shells--
Single or Multiple Shot requires that large multiple-tube devices not 
tip over (except as the result of the last shot) when shot on a 2-inch 
thick medium-density foam pad. The Commission cannot conclude that 
AFSL's existing voluntary standard adequately reduces the risk of injury 
from large devices that tip over while functioning. The Commission's 
tests using polyurethane foam did not find sufficient agreement between 
performance on foam and on grass. No other data are available to show 
that this dynamic test is reliable.
    (2) In addition, even if the AFSL standard is effective, the 
Commission does not believe that compliance with the standard will be 
adequate. AFSL reports that it has been testing in accordance with its 
standard since January 1994. However, the results of CPSC's compliance 
testing indicate that multiple-tube devices still tip over while 
functioning. In fiscal year

[[Page 426]]

1994, all 24 imported devices the Commission tested, and 1 of 8 domestic 
devices, tipped over while functioning. In fiscal year 1995, 22 of 27 
imported devices and 1 of 5 domestic devices tipped over during 
Commission testing. The Commission finds that there is unlikely to be 
substantial compliance with the voluntary standard applicable to 
multiple-tube devices.
    (C) Relationship of benefits to costs. The Commission estimates that 
the 60-degree tip-angle standard will eliminate the unreasonable tip-
over risk posed by these devices. This will provide benefits of saving 
one life about every 3 years, and preventing an unknown number of 
nonfatal injuries. The annual cost of modifying affected devices is 
estimated to be between $1.5 million and $2.7 million. The Commission 
finds that the benefits from the regulation bear a reasonable 
relationship to its costs.
    (D) Least burdensome requirement. The Commission considered the 
following alternatives: a ban of all multiple-tube devices with inner 
tube diameters 1.5 inches or greater; a dynamic performance standard; 
additional labeling requirements; and relying on the voluntary standard. 
Although a ban of all large multiple-tube devices would address the risk 
of injury, it would be more burdensome than the tip-angle standard. The 
Commission was unable to develop a satisfactory dynamic standard that 
would reduce the risk of injury. Neither additional labeling 
requirements nor reliance on the voluntary standard would adequately 
reduce the risk of injury. Thus, the Commission finds that a standard 
requiring large multiple-tube devices to have a minimum tip angle 
greater than 60 degrees is the least burdensome requirement that would 
prevent or adequately reduce the risk of injury.
    (13)(i) Candles made with metal-cored wicks. Candles manufactured or 
imported on or after October 15, 2003, made with metal-cored 
candlewicks, unless:
    (A) The metal core of each candlewick has a lead content (calculated 
as the metal) of not more than 0.06 percent of the total weight of the 
metal core; and
    (B) Each outer container or wrapper in which candles subject to 
paragraph (a)(13)(i)(A) of this section are shipped, including each 
outer container or wrapper in which such candles are distributed to a 
retail outlet, is labeled ``Conforms to 16 CFR 1500.17(a)(13).'' For 
purposes of this paragraph (B), the term ``outer container or wrapper'' 
does not include the immediate container in which candle(s) is/are 
intended to be displayed at retail or during use in the home, unless 
that container or wrapper is also the only container or wrapper in which 
the candle(s) is/are shipped to a retailer.
    (ii) Metal-cored candlewicks. Metal-cored candlewicks manufactured 
or imported on or after October 15, 2003, unless:
    (A) The metal core of each candlewick has a lead content (calculated 
as the metal) of not more than 0.06 percent of the total weight of the 
metal core; and
    (B) Each outer container or wrapper in which candlewicks subject to 
paragraph (a)(13)(ii)(A) of this section is shipped, including each 
outer container or wrapper of a shipment distributed to a retail outlet, 
is labeled ``Conforms to 16 CFR 1500.17(a)(13).'' For purposes of this 
paragraph (B), the term ``outer container or wrapper'' does not include 
the immediate container in which candlewick(s) is/are intended to be 
displayed or sold at retail, unless that container or wrapper is also 
the only container or wrapper in which the candlewick(s) is/are shipped 
to a retailer.
    (iii) Findings--(A) General. To issue a rule under section 2(q)(1) 
of the FHSA, 15 U.S.C. 1261(q)(1), classifying a substance or article as 
a banned hazardous substance, the Commission must make certain findings 
and include them in the regulation. These findings are discussed in 
paragraphs (a)(13)(iii)(B) through (D) of this section.
    (B) Voluntary Standard. One alternative to the ban that the 
Commission considered is to take no mandatory action, and to depend on a 
voluntary standard. One organization has a standard for candlewicks 
intended to address the potential for substantial illness posed by such 
wicks and candles with such wicks. The Commission has

[[Page 427]]

found that the standard is technically unsound and that substantial 
compliance with it is unlikely. Furthermore, there is no evidence that 
the standard has been adopted and implemented by candlewick or candle 
manufacturers.
    (C) Relationship of Benefits to Costs. The Commission estimates that 
the ban will reduce the potential for exposure to lead and resulting 
lead poisoning because there is no ``safe'' level of lead in the blood. 
The annual cost to the candle/wick industry of the ban is estimated by 
the Commission to be in the range of $100,000 to $300,000. On a 
percentage basis these costs represent only 0.005 to 0.015 percent of 
the overall value of candle shipments in 2000, which was approximately 
$2 billion. Accordingly, the Commission finds that the benefits from the 
regulation bear a reasonable relationship to its costs.
    (D) Least burdensome requirement. The Commission considered the 
following alternatives: no action; labeling all metal-cored candles with 
wicks containing more than 0.06 percent lead by weight of the metal; 
recordkeeping for shipments of wicks containing 0.06 percent or less 
lead by weight of the metal and of candles with such wicks; and relying 
on the voluntary standard. Neither no action, nor labeling, nor reliance 
on the voluntary standard would adequately reduce the risk of illness. 
Recordkeeping for shipments of wicks and of candles was not the least 
burdensome requirement that would prevent or adequately reduce the risk 
of illness. Therefore the Commission finds that a ban on candlewicks 
containing more than 0.06 percent lead by weight of the metal and 
candles with such wicks is the least burdensome requirement that would 
prevent or adequately reduce the risk of illness.
    (b) [Reserved]

(Secs. 2(f)(1), (A), (B), (g), (q)(1)(B), 3(a), 74 Stat. 372, 374, as 
amended 80 Stat. 1304-05, 83 Stat. 187-189, 90 Stat. 503 (15 U.S.C. 
1261, 1262); Sec.  701 (e), (f), (g), 52 Stat. 1055-56, as amended 70 
Stat. 919, 72 Stat. 948 (21 U.S.C. 371 (e), (f), (g)), Sec.  30(a), 86 
Stat. 1231 (15 U.S.C. 2079(a)))

[38 FR 27012, Sept. 27, 1973, as amended at 38 FR 27514, Oct. 4, 1973; 
38 FR 31520, Nov. 15, 1973; 39 FR 30114, Aug. 21, 1974; 39 FR 42903, 
Dec. 9, 1974; 41 FR 22935, June 8, 1976; 42 FR 44202, Sept. 1, 1977; 43 
FR 12310, Mar. 24, 1978; 48 FR 16, Jan. 3, 1983; 56 FR 37837, Aug. 9, 
1991; 61 FR 13095, Mar. 26, 1996; 61 FR 18245, Apr. 25, 1996; 68 FR 
19147, Apr. 18, 2003]