[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: 16CFR1500.85]

[Page 479-481]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1500_HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND ENFORCEMENT REGULATIONS--Table of Contents
 
Sec. 1500.85  Exemptions from classification as banned hazardous substances.

    (a) The term banned hazardous substances as used in section 
2(q)(1)(A) of the act shall not apply to the following articles provided 
that these articles

[[Page 480]]

bear labeling giving adequate directions and warnings for safe use:
    (1) Chemistry sets and other science education sets intended 
primarily for juveniles, and replacement components for such sets, when 
labeled in accordance with Sec. 1500.83(a)(23).
    (2) Firecrackers designed to produce audible effects, if the audible 
effect is produced by a charge of not more than 50 milligrams (.772 
grains) of pyrotechnic composition. (See also Sec. 1500.14(b)(7); Sec. 
1500.17(a) (3), (8) and (9); and part 1507).
    (3) [Reserved]
    (4) Educational materials such as art materials, preserved 
biological specimens, laboratory chemicals, and other articles intended 
and used for educational purposes.
    (5) Liquid fuels containing more than 4 percent by weight of methyl 
alcohol that are intended and used for operation of miniature engines 
for model airplanes, boats, cars, etc.
    (6) Novelties consisting of a mixture of polyvinyl acetate, U.S. 
Certified Colors, and not more than 25 percent by weight of acetone, and 
intended for blowing plastic balloons.
    (7) Games containing, as the sole hazardous component, a self-
pressurized container of soap solution or similar foam-generating 
mixture provided that the foam-generating component has no hazards other 
than being in a self-pressurized container.
    (8) Model rocket propellant devices designed for use in light-
weight, recoverable, and reflyable model rockets, provided such devices:
    (i) Are designed to be ignited by electrical means.
    (ii) Contain no more than 62.5 grams (2.2 ounces) of propellant 
material and produce less than 80 newton-seconds (17.92 pound seconds) 
of total impulse with thrust duration not less than 0.050 second.
    (iii) Are constructed such that all the chemical ingredients are 
preloaded into a cylindrical paper or similarly constructed nonmetallic 
tube that will not fragment into sharp, hard pieces.
    (iv) Are designed so that they will not burst under normal 
conditions of use, are incapable of spontaneous ignition, and do not 
contain any type of explosive or pyrotechnic warhead other than a small 
parachute or recovery-system activation charge.
    (9) Separate delay train and/or recovery system activation devices 
intended for use with premanufactured model rocket engines wherein all 
of the chemical ingredients are preloaded so the user does not handle 
any chemical ingredient and are so designed that the main casing or 
container does not rupture during operation.
    (10) Solid fuel pellets intended for use in miniature jet engines 
for propelling model jet airplanes, speed boats, racing cars, and 
similar models, provided such solid fuel pellets:
    (i) Weigh not more than 11.5 grams each.
    (ii) Are coated with a protective resinous film.
    (iii) Contain not more than 35 percent potassium dichromate.
    (iv) Produce a maximum thrust of not more than 7\1/2\ ounces when 
used as directed.
    (v) Burn not longer than 12 seconds each when used as directed.
    (11) Fuses intended for igniting fuel pellets exempt under 
subparagraph (10) of this paragraph.
    (12) Kits intended for construction of model rockets and jet 
propelled model airplanes requiring the use of difluorodichloromethane 
as a propellant, provided the outer carton bears on the main panel in 
conspicuous type size the statement ``WARNING--Carefully read 
instructions and cautions before use.''
    (13) Flammable wire materials intended for electro-mechanical 
actuation and release devices for model kits described in paragraph (12) 
of this section, provided each wire does not exceed 15 milligrams in 
weight.
    (14) Model rocket propellant devices (model rocket motors) designed 
to propel rocket-powered model cars, provided--
    (i) Such devices:
    (A) Are designed to be ignited electrically and are intended to be 
operated from a minimum distance of 15 feet (4.6 m) away;
    (B) Contain no more than 4 g. of propellant material and produce no 
more than 2.5 Newton-seconds of total impulse with a thrust duration not 
less than 0.050 seconds;

[[Page 481]]

    (C) Are constructed such that all the chemical ingredients are pre-
loaded into a cylindrical paper or similarly constructed non-metallic 
tube that will not fragment into sharp, hard pieces;
    (D) Are designed so that they will not burst under normal conditions 
of use, are incapable of spontaneous ignition, and do not contain any 
type of explosive or pyrotechnic warhead other than a small recovery 
system activation charge;
    (E) Bear labeling, including labeling that the devices are intended 
for use by persons age 12 and older, and include instructions providing 
adequate warnings and instructions for safe use; and
    (F) Comply with the requirements of 16 CFR 1500.83(a)(36)(ii and 
iii); and
    (ii) The surface vehicles intended for use with such devices:
    (A) Are lightweight, weighing no more than 3.0 oz. (85 grams), and 
constructed mainly of materials such as balsa wood or plastics that will 
not fragment into sharp, hard pieces;
    (B) Are designed to utilize a braking system such as a parachute or 
shock absorbing stopping mechanism;
    (C) Are designed so that they cannot accept propellant devices 
measuring larger than 0.5[sec] (13 mm) in diameter and 1.75[sec] (44 mm) 
in length;
    (D) Are designed so that the engine mount is permanently attached by 
the manufacturer to a track or track line that controls the vehicle's 
direction for the duration of its movement;
    (E) Are not designed to carry any type of explosive or pyrotechnic 
material other than the model rocket motor used for primary propulsion;
    (F) Bear labeling and include instructions providing adequate 
warnings and instructions for safe use; and
    (G) Are designed to operate on a track or line that controls the 
vehicles' direction for the duration of their movement and either cannot 
operate off the track or line or, if operated off the track or line, are 
unstable and fail to operate in a guided fashion so that they will not 
strike the operator or bystanders.
    (b) [Reserved]

[38 FR 27012, Sept. 27, 1973, as amended at 41 FR 22935, June 8, 1976; 
42 FR 43391, Aug. 29, 1977; 48 FR 16, Jan. 3, 1983; 68 FR 4699, Jan. 30, 
2003]