[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: 16CFR1500.48]

[Page 451-454]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1500_HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND 
ENFORCEMENT REGULATIONS--Table of Contents
 
Sec.  1500.48  Technical requirements for determining a sharp point in 
toys and other articles intended for use by children under 8 years 

of age.

    (a) Objective. The sharp point test prescribed by paragraph (d) of 
this section will be used by the Commission in making a preliminary 
determination that points on toys and other articles intended for use by 
children under 8 years of age, and such points exposed in normal use or 
as a result of reasonably foreseeable damage or abuse of such toys and 
articles, present a potential risk of injury by puncture or laceration 
under section 2(s) of the Federal Hazardous Substances Act (15 U.S.C. 
1261(s)). The Commission will further evaluate points that are 
identified as presenting a potential risk of puncture or laceration 
injury to determine the need for individual product regulatory action.
    (b) Scope--(1) General. The sharp 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 Sec.  Sec.  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 exempt from this Sec.  
1500.48: The regulations for bicycles, non-full-size baby cribs, and 
full-size baby cribs (parts 1508, 1509, and 1512, of this chapter).
    (ii) Toys that by reason of their functional purpose necessarily 
present the hazard of sharp points and that do not have any 
nonfunctional sharp points are exempt from this Sec.  1500.48: Provided, 
Each toy is identified by a conspicuous, legible, and visible label at 
the time of any sale, as having functional sharp points. An example of 
such toys is a toy sewing machine with a needle.
    (iii) Articles, besides toys, intended for use by children that by 
reason of their functional purpose necessarily present the hazard of 
sharp points and that do not have any nonfunctional sharp points are 
exempt from this Sec.  1500.48. An example of such articles is a ball-
point pen.
    (c) Accessibility--(1) General. Any point that is accessible either 
before or after these tests of Sec.  Sec.  1500.51, 1500.52, and 1500.53 
(excluding the bite test--paragraph (c) of each section) are performed 
shall be subject to the sharp point test of paragraph (d) of this 
section.
    (2) Accessible points. (i) An accessible point for a toy or article 
intended for children 3 years of age or less is one that can be 
contacted by any portion forward of the collar of the accessibility 
probe designated as probe A in figure 2 of this section.

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

[[Page 453]]

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

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