[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: 16CFR1505.3]

[Page 521-523]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1505_REQUIREMENTS FOR ELECTRICALLY OPERATED TOYS OR OTHER 
ELECTRICALLY OPERATED ARTICLES INTENDED FOR USE BY CHILDREN--Table 
 
                          Subpart A_Regulations
 
Sec.  1505.3  Labeling.

    (a) General. Electrically operated toys, and the instruction sheets 
and outer packaging thereof, shall be labeled in accordance with the 
requirements of this section and any other applicable requirements of 
the Federal Hazardous Substances Act and regulations promulgated 
thereunder. All labeling shall be prominently and conspicuously 
displayed under customary conditions of purchase, storage, and use. All 
required information shall be readily visible, noticeable, clear, and, 
except where coding is permitted, shall be in legible English (other 
languages may also be included as appropriate). Such factors governing 
labeling as location, type size, and contrast against background may be 
based on necessary condensations to provide a reasonable display.
    (b) Specific items. (1) The toy shall be marked in accordance with 
the provisions of paragraph (d) of this section to indicate:
    (i) The electrical ratings required by paragraph (c) of this 
section.
    (ii) Any precautionary statements required by paragraph (e) of this 
section.
    (iii) The date (month and year) of manufacture (or appropriate 
codes). As an alternative to putting this information on the toy itself, 
it may be included in the instructions provided with the toy (see 
paragraph (b)(3) of this section).
    (2) The shelf pack or package of the toy shall be labeled in 
accordance with the provisions of paragraph (d) of this section to 
indicate:
    (i) The date (month and year) of manufacture (or appropriate codes).
    (ii) The electrical ratings required by paragraph (c) of this 
section.
    (iii) Any precautionary statements required by paragraph (e) of this 
section.
    (3) Each toy shall be provided with adequate instructions that are 
easily understood by children of those ages for which the toy is 
intended. The instructions shall describe the applicable installation, 
assembly, use, cleaning, maintenance (including lubrication), and other 
functions as appropriate. Applicable precautions shall be included as 
well as the information required by paragraphs (b) (1) and (2) of this 
section, except that the date of manufacture information described in 
paragraph (b)(1)(iii) of this section need not be included in the 
instructions provided with the toy if it is placed on the toy itself. 
The instructions shall also contain a statement addressed to parents 
recommending that the toy be periodically examined for potential hazards 
and that any potentially hazardous parts be repaired or replaced.
    (4) If a toy is produced or assembled at more than one 
establishment, the toy and its shelf pack or package shall have a 
distinctive mark (which may be in code) identifying the toy as the 
product of a particular establishment.
    (c) Rating. (1) A toy shall be marked to indicate its rating in 
volts and also in amperes and/or watts.
    (2) If a toy utilizes a single motor as its only electric energy 
consuming component, the electrical rating may be marked on a motor 
nameplate and need not be marked elsewhere on the toy if the nameplate 
is readily visible after the motor has been installed in the toy.
    (3) A toy shall be rated for alternating current only, direct 
current only, or both alternating and direct current.
    (4) The alternating current rating shall include the frequency or 
frequency range requirement, if necessary because of a special 
component.
    (d) Markings. (1) The markings required on the toy by paragraph (b) 
of this section shall be of a permanent nature, such as paint-stenciled, 
die-stamped, molded, or indelibly stamped. The markings shall not be 
permanently obliterable by spillage of any material

[[Page 522]]

intended for use with the toy and shall not be readily removable by 
cleaning with ordinary household cleaning substances. All markings on 
the toy and labeling of the shelf pack or package required by paragraph 
(b) of this section shall contrast sharply with the background (whether 
by color, projection, or indentation) and shall be readily visible and 
legible. Such markings and labeling shall appear in lettering of a 
height not less than that specified in paragraph (d)(2) of this section, 
except that those words shown in capital letters in paragraph (e) of 
this section shall appear in capital lettering of a height not less than 
twice that specified in paragraph (d)(2) of this section.
    (2) Minimum lettering heights shall be as follows:

        Surface Area Display Marking, Minimum Height of Lettering
------------------------------------------------------------------------
                        Square inches                            Inches
------------------------------------------------------------------------
Under 5......................................................     \1/16\
5 or more and under 25.......................................      \1/8\
25 or more and under 100.....................................     \3/16\
100 or more and under 400....................................      \1/4\
400 or more..................................................      \1/2\
------------------------------------------------------------------------

    (e) Precautionary statements--(1) General. Electrically operated 
toys shall bear the statement: ``CAUTION--ELECTRIC TOY.'' The 
instruction booklet or sheet accompanying such toys shall bear on the 
front page thereof (in the type size specified in Sec.  1500.121), as a 
preface to any written matter contained therein, and the shelf pack or 
package of such toys shall bear in the upper right hand quarter of the 
principal display panel, the statement: ``CAUTION--ELECTRIC TOY: Not 
recommended for children under ---- years of age. As with all electric 
products, precautions should be observed during handling and use to 
prevent electric shock.'' The blank in the preceding statement shall be 
filled in by the manufacturer, but in no instance shall the manufacturer 
indicate that the article is recommended for children under 8 years of 
age if it contains a heating element. In the case of other electrically 
operated products which may not be considered to be ``toys'' but are 
intended for use by children, the term ``ELECTRICALLY OPERATED PRODUCT'' 
may be substituted for the term ``ELECTRIC TOY.''
    (2) Thermal hazards. (i) Toys having Type C or Type D surfaces 
(described in Sec.  1505.6(g)(2)) which reach temperatures greater than 
those shown in paragraph (e)(2)(ii) of this section shall be defined as 
hot and shall be marked where readily noticeable when the hot surface is 
in view with the statement: ``HOT--Do Not Touch.'' When the marking is 
on other than the hot surface, the word ``HOT'' shall be followed by 
appropriate descriptive words such as ``Molten Material,'' ``Sole 
Plate,'' or ``Heating Element,'' and the statement ``Do Not Touch.'' An 
alternative statement for a surface intended to be handheld as a 
functional part of the toy shall be ``HOT -------- Handle Carefully,'' 
the blank being filled in by the manufacturer with a description of the 
potential hazard such as ``Curler'' or ``Cooking Surface.''
    (ii) Surfaces requiring precautionary statements of thermal hazards 
are those exceeding the following temperatures when measured by the test 
described in Sec.  1505.6(g)(4):

------------------------------------------------------------------------
                                     Thermal           Temperature
 Surface type (see Sec.  1505.6     inertia   -------------------------
             (g)(2))                 type \1\    Degrees C.   Degrees F.
------------------------------------------------------------------------
C................................            1           65          149
C................................            2           75          167
C................................            3           85          185
C................................            4           95          203
D................................            1           55          131
D................................            2           70          158
D................................            3           80          176
D................................            4           90          194
------------------------------------------------------------------------
\1\ Thermal inertia types are defined in terms of lambda as follows:
Type 1: Greater than 0.0045 (e.g., most metals).
Type 2: More than 0.0005 but not more than 0.0045 (e.g., glass).
Type 3: More than 0.0001 but not more than 0.0005 (e.g., most plastics).
Type 4: 0.0001 or less (e.g., future polymeric materials).
The thermal inertia of a material can be obtained by multiplying the
  thermal conductivity (cal./em./sec./degrees C.) by the density (gm./
  cm.\3\) by the specific heat (cal./gm./degrees C.)

    (3) Lamp hazards--(i) Replaceable incandescent lamps. A toy with one 
or more replaceable incandescent lamps, having a potential difference of 
more than 30 volts r.m.s. (42.4 volts peak) between any of its 
electrodes or lampholder contacts and any other part or ground, shall be 
marked inside the lamp compartment where readily noticeable during lamp 
replacement with the statement: ``WARNING--Do

[[Page 523]]

not use light bulbs larger than ---- watts'', the blank being filled in 
by the manufacturer with a number specifying the wattage rating of the 
lamp. Such toys shall bear the statement: ``WARNING--Shock Hazard. Pull 
plug before changing light bulb'' on the outside of the lamp compartment 
where it will be readily noticed before gaining access to the lamp 
compartment.
    (ii) Nonreplacement incandescent lamps. A toy which utilizes one or 
more nonreplaceable incandescent lamps (other than pilot or indicator 
lamps) shall be marked where clearly visible with the statement: 
``SEALED UNIT--Do not attempt to change light bulb'' or equivalent.
    (4) Water. If not suitable for immersion in water, a toy cooking 
appliance (such as a corn popper, skillet, or candy-maker) or other 
article which may conceivably be immersed in water shall be marked with 
the statement: ``DANGER--To prevent electric shock, do not immerse in 
water; wipe clean with damp cloth'' or equivalent.

[38 FR 27032, Sept. 27, 1973, as amended at 42 FR 34280, July 5, 1977; 
42 FR 43392, Aug. 29, 1977]