[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1500.18]

[Page 431-435]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1500_HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND ENFORCEMENT REGULATIONS--Table of Contents
 
Sec. 1500.18  Banned toys and other banned articles intended for use by children.

    (a) Toys and other articles presenting mechanical hazards. Under the 
authority of sections 2(f)(1)(D) and 24 of the act and pursuant to the 
provisions of section 3(e) of the act, the Commission has determined 
that the following types of toys or other articles intended for use by 
children present a mechanical hazard within the meaning of section 2(s) 
of the act because in normal use, or when subjected to reasonably 
foreseeable damage or abuse, the design or manufacture presents an 
unreasonable risk of personal injury or illness:
    (1) Any toy rattle containing, either internally or externally, 
rigid wires, sharp protrusions, or loose small objects that have the 
potential for causing lacerations, puncture wound injury, aspiration, 
ingestion, or other injury. (But see Sec. 1500.86(a)(1)).
    (2) Any toy having noisemaking components or attachments capable of 
being dislodged by the operating features of the toy or capable of being 
deliberately removed by a child, which toy has the potential for causing 
laceration, puncture wound injury, aspiration, ingestion, or other 
injury.
    (3) Any doll, stuffed animal, or other similar toy having internal 
or external components that have the potential for causing laceration, 
puncture wound injury, or other similar injury. (But see Sec. 
1500.86(a)(2)); (See also Sec. Sec. 1500.48 and 1500.49).
    (4) Lawn darts and other similar sharp-pointed toys usually intended 
for

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

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this regulation, and exempts certain products from banning under this 
regulation.
    (10)-(11) [Reserved]
    (12) Any bicycle as defined in Sec. 1512.2(a) of this chapter 
(except a bicycle that is a ``track bicycle'' or a ``one-of-a-kind 
bicycle'' as defined in Sec. 1512.2 (d) and (e) of this chapter) that 
is introduced into interstate commerce on or after May 11, 1976, and 
that does not comply with the requirements of part 1512 of this chapter, 
except for Sec. Sec. 1512.5(c)(3), 1512.9(a), 1512.18(e) and 1512.18(f) 
which become effective November 13, 1976.
    (13) Any full-size baby crib (as defined in Sec. 1508.1(a) of this 
chapter) that is introduced into interstate commerce on or after 
February 1, 1974, and that does not comply with the requirements of 
Sec. Sec. 1508.2 through 1508.10 of this chapter; and any full size 
baby crib (as defined in Sec. 1508.1(a) of this chapter) that is 
manufactured on or after April 27, 1983, and that does not comply with 
Sec. Sec. 1508.2 through 1508.11 of this chapter.
    (14) Any non-full-size baby crib (as defined in Sec. 1509.2 of this 
chapter) that is introduced into interstate commerce after August 9, 
1976, and that does not comply with the requirements of Sec. Sec. 
1509.3 through 1509.12 of this chapter; and any non-full size baby crib 
(as defined in Sec. 1509.2 of this chapter) that is manufactured on or 
after April 27, 1983, and that does not comply with Sec. Sec. 1509.3 
through 1509.13 of this chapter.
    (15) Any rattle (as defined in Sec. 1510.2 of this chapter) that is 
introduced into interstate commerce on or after August 21, 1978, and 
that does not comply with the requirements of part 1510 of this chapter. 
For purposes of the regulation, introduction into interstate commerce is 
defined as follows: A rattle manufactured outside the United States is 
introduced into interstate commerce when it is first brought within a 
U.S. port of entry. A rattle manufactured in the United States is 
introduced into interstate commerce (a) at the time of its first 
interstate sale, or (b) at the time of its first intrastate sale if one 
or more of its components and/or raw materials were received interstate.
    (16)(i) Any article known as an ``infant cushion'' or ``infant 
pillow,'' and any other similar article, which has all of the following 
characteristics:
    (A) Has a flexible fabric covering. The term fabric includes those 
materials covered by the definition of ``fabric'' in section 2(f) of the 
Flammable Fabrics Act, 15 U.S.C. 1191(f).
    (B) Is loosely filled with a granular material, including but not 
limited to, polystyrene beads or pellets.
    (C) Is easily flattened.
    (D) Is capable of conforming to the body or face of an infant.
    (E) Is intended or promoted for use by children under one year of 
age.
    (ii) Findings--(A) General. In order to issue a rule under section 
2(q)(1) of the Federal Hazardous Substance 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 in paragraphs (a)(16)(ii) (B) through (D) of this section.
    (B) Voluntary standard. No findings concerning compliance with or 
adequacy of a voluntary standard are necessary since no voluntary 
standard addressing infant cushions has been adopted or implemented.
    (C) Relationship of benefits to costs. The Commission estimates that 
the removal of infant cushions from the market will result in total 
annual benefits of approximately five million dollars. The potential 
costs to businesses are expected to be offset by production of other 
products, and the potential costs to consumers are likely to be offset 
by the availability of substitutes for a comparable price.
    (D) Least burdensome requirement. The Commission considered labeling 
and a design or performance standard as alternatives to the ban. The 
Commission does not believe that any form of labeling would have a 
significant effect in preventing the hazard associated with infant 
cushions. The Commission also concluded that no feasible standard exists 
that would address the hazard. Thus, the Commission determined that a 
ban of infant cushions is the least burdensome alternative that would 
prevent or adequately reduce the risk of injury.

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    (17) Any ball intended for children under three years of age that, 
under the influence of its own weight, passes, in any orientation, 
entirely through a circular hole with a diameter of 1.75 inches (44.4 
mm.) in a rigid template \1/4\ inches (6 mm.) thick. In testing to 
evaluate compliance with this paragraph, the diameter of opening in the 
Commission's test template shall be no greater than 1.75 inches (44.4 
mm.).
    (i) For the purposes of this paragraph, the term ``ball'' includes 
any spherical, ovoid, or ellipsoidal object that is designed or intended 
to be thrown, hit, kicked, rolled, dropped, or bounced. The term 
``ball'' includes any spherical, ovoid, or ellipsoidal object that is 
attached to a toy or article by means of a string, elastic cord, or 
similar tether. The term ``ball'' also includes any multi-sided object 
formed by connecting planes into a generally spherical, ovoid, or 
ellipsoidal shape that is designated or intended to be used as a ball, 
and any novelty item of a generally spherical, ovoid, or ellipsoidal 
shape that is designated or intended to be used as a ball.
    (ii) The term ``ball'' does not include dice, or balls permanently 
enclosed inside pinball machines, mazes, or similar outer containers. A 
ball is permanently enclosed if, when tested in accordance with 16 CFR 
1500.52, the ball is not removed from the outer container.
    (iii) In determining whether such a ball is intended for use by 
children under three years of age, the criteria specified in 16 CFR 
1501.2(b) and the enforcement procedure established by 16 CFR 1501.5 
shall apply.
    (18)(i) Any bunk bed (as defined in Sec. 1513.2(c) of this chapter) 
that does not comply with the requirements of part 1513 of this chapter.
    (ii) Findings. In order to issue a rule under Section 3(e) of the 
Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1262(e), classifying 
a toy or other article intended for use by children as a hazardous 
substance on the basis that it presents a mechanical hazard (as defined 
in Section 2(s) of the FHSA), the FHSA requires the Commission to make 
the following findings and to include these findings in the regulation: 
Bunk beds present a mechanical hazard; Where a voluntary standard has 
been adopted and implemented by the affected industry, that compliance 
with such voluntary standard is not likely to result in the elimination 
or adequate reduction of the risk of injury, or it is unlikely that 
there will be substantial compliance with such voluntary standard; The 
benefits expected from the rule bear a reasonable relationship to its 
costs; and The rule imposes the least burdensome requirement that 
prevents or adequately reduces the risk of injury for which the rule is 
being promulgated. These findings are made in the Appendix to Part 1513.
    (19)(i) Dive sticks, and other similar articles, that are used in 
swimming pools or other water environments for such activities as 
underwater retrieval games or swimming instruction, and which, when 
placed in the water, submerge and rest at the bottom of the pool. This 
includes products that are pre-weighted to sink to the bottom and 
products that are designed to allow the user to adjust the weight. Dive 
sticks and similar articles that come to rest underwater at an angle 
greater than 45 degrees from vertical when measured under the test at 
Sec. 1500.86(a)(7) and dive sticks and similar articles that maintain a 
compressive force of less than 5-lbf under the test at Sec. 
1500.86(a)(8) are exempt from this banning rule. Articles that have a 
continuous circular shape, such as dive rings and dive disks are also 
exempt.
    (ii)(A) Findings. In order for the Commission to issue a rule under 
section 2(q)(1) of the FHSA classifying a substance or article as a 
banned hazardous substance, the Commission must make certain findings 
and include these findings in the regulation. 15 U.S.C. 1262(i)(2). 
These findings are discussed in paragraphs (a)(18)(ii)(B) through (D) of 
this section.
    (B) Voluntary standard. No findings concerning compliance with and 
adequacy of a voluntary standard are necessary because no relevant 
voluntary standard addressing the risk of injury posed by dive sticks 
has been adopted and implemented.
    (C) Relationship of benefits to costs. The Commission estimates the 
potential benefits of removing hazardous

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dive sticks from the market to be 2 to 4 cents per dive stick. With the 
availability of substitutes and the expected low cost of modifying dive 
sticks to conform to the rule, the Commission anticipates that necessary 
changes will be minimal. The Commission estimates that the costs of the 
rule will be no more than 2 to 4 cents per dive stick. Thus, the 
Commission finds that there is a reasonable relationship between the 
expected benefits of the rule and its costs.
    (D) Least burdensome requirement. The Commission considered pursuing 
voluntary recalls, following a voluntary standard, requiring labeling or 
changing the scope of the rule. A banning rule would be more effective 
than case-by-case recalls because the impalement hazard affects all dive 
sticks, not a specific brand or model. Awaiting recalls would allow 
these hazardous items on the market until the Commission obtained 
recalls. No applicable voluntary standard exists, and compliance may be 
low if one did. Although labeling could help reduce the risk of injuries 
from dive sticks, it would be less effective than a banning rule. It may 
be difficult for a label to convey the necessary information at the time 
of use. Modifying the scope so that the rule would only apply to pre-
weighted dive sticks would continue to permit hazardous items because 
the unweighted dive sticks can easily be weighted to stand vertically at 
the bottom of the water. Thus, the Commission finds that a ban of dive 
sticks with the hazardous characteristics it has identified is the least 
burdensome alternative that would adequately reduce the risk of injury.
    (b) Electrically operated toys and other electrical operated 
children's articles presenting electrical, thermal, and/or certain 
mechanical hazards. Under the authority of section 2(f)(1)(D) of the act 
and pursuant to provisions of section 3(e) of the act, the Commission 
has determined that the following types of electrically operated toys or 
other electrically operated articles intended for use by children 
present electrical, thermal, and/or certain mechanical hazards within 
the meaning of section 2 (r), (s), and/or (t) of the act because in 
normal use or when subjected to reasonably foreseeable damage or abuse, 
the design or manufacture may cause personal injury or illness by 
electric shock and/or presents an unreasonable risk of personal injury 
or illness because of heat as from heated parts, substances, or 
surfaces, or because of certain mechanical hazards.
    (1) Any electrically operated toy or other electrically operated 
article intended for use by children (as defined in Sec. 1505.1(a)(1)) 
that is introduced into interstate commerce and which does not comply 
with the requirements of part 1505 of this chapter.

    Note: Paragraph (b)(1) was originally promulgated as 21 CFR 
191.9a(b)(1) with an effective date of September 3, 1973 (38 FR 6138).

    (2) [Reserved]
    (c) Toys and other articles (not electrically operated) presenting 
electric hazards. Under the authority of section 2(f)(1)(D) of the act 
and pursuant to provisions of section 3(e) of the act, the Commission 
has determined that the following types of toys or other articles 
intended for use by children (not electrically operated) present an 
electrical hazard within the meaning of section 2(r) of the act.
    (1) Any kite 10 inches or greater in any dimension constructed of 
aluminized polyester film or any kite having a tail or other component 
consisting of a piece of aluminized polyester film 10 inches or greater 
in any dimension presents an electrical hazard and is a banned hazardous 
substance because its design (specifically its size and electrical 
conductivity) presents a risk of personal injury from electric shock due 
to its ability to conduct electricity and to become entangled in or 
otherwise contact high voltage electric power lines.
    (2) [Reserved]

(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))

[38 FR 27012, Sept. 27, 1973, as amended at 38 FR 30105, Nov. 1, 1973; 
38 FR 32132, Nov. 21, 1973; 41 FR 4144, Jan. 28, 1976; 41 FR 6240, Feb. 
12, 1976; 42 FR 36823, July 18, 1977; 42 FR 61594, Dec. 6, 1977; 43 FR 
22005, May 23, 1978; 44 FR 34903, June 15, 1979; 44 FR 55819, Sept. 28, 
1979; 48 FR 16, Jan. 3, 1983; 48 FR 57268, Dec. 29, 1983; 53 FR 46839, 
Nov. 18, 1988; 57 FR 27915, June 23, 1992; 59 FR 9076, Feb. 25, 1994; 60 
FR 10752, Feb. 27, 1995; 64 FR 71907, Dec. 22, 1999; 66 FR 13650, Mar. 
7, 2001]

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