[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: 16CFR1500.86]
[Page 481-486]
TITLE 16--COMMERCIAL PRACTICES
CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
PART 1500_HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND ENFORCEMENT REGULATIONS--Table of Contents
Sec. 1500.86 Exemptions from classification as a banned toy or other banned article for use by children.
(a) The term banned hazardous substance as used in section
2(q)(1)(A) of the act (repeated in Sec. 1500.3(b)(15)(i)(A)) of the act
shall not apply to the following articles:
(1) Toy rattles described in Sec. 1500.18(a)(1) in which the rigid
wires, sharp protrusions, or loose small objects are internal and
provided that such rattles are constructed so that they will not break
or deform to expose or release the contents either in normal use or when
subjected to reasonably foreseeable damage or abuse.
(2) Dolls and stuffed animals and other similar toys described in
Sec. 1500.18(a)(3) in which the components that have the potential for
causing laceration, puncture wound injury, or other similar injury are
internal, provided such dolls, stuffed animals, and other similar toys
are constructed so that they will not break or deform to expose such
components either in normal use or when subjected to reasonably
foreseeable damage or abuse.
(3) [Reserved]
(4) 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)'') described in Sec. 1500.18(a)(6) provided:
(i) The frames are designed and constructed in a manner to prevent
injury from any scissoring, shearing, or pinching when the members of
the frame or other components rotate about a common axis or fastening
point or otherwise move relative to one another; and
(ii) Any coil springs which expand when the article is subjected to
a force that will extend the spring to its maximum distance so that a
space between successive coils is greater than one-eighth inch (0.125
inch) are covered or otherwise designed to prevent injuries; and
(iii) All holes larger than one-eighth inch (0.125 inch) in diameter
and slots, cracks, or hinged components in any portion of the article
through which a child could insert, in whole or in part a finger, toe,
or any other part of the anatomy are guarded or otherwise designed to
prevent injuries; and
[[Page 482]]
(iv) The articles are designed and constructed to prevent accidental
collapse while in use; and
(v) The articles are designed and constructed in a manner that
eliminates from any portion of the article the possibility of presenting
a mechanical hazard through pinching, bruising, lacerating, crushing,
breaking, amputating, or otherwise injuring portions of the human body
when in normal use or when subjected to reasonably foreseeable damage or
abuse; and
(vi) Any article which is introduced into interstate commerce after
the effective date of this subparagraph is labeled:
(A) With a conspicuous statement of the name and address of the
manufacturer, packer, distributor, or seller; and
(B) With a code mark on the article itself and on the package
containing the article or on the shipping container, in addition to the
invoice(s) or shipping document(s), which code mark will permit future
identification by the manufacturer of any given model (the manufacturer
shall change the model number whenever the article undergoes a
significant structural or design modification); and
(vii) The manufacturer or importer of the article shall make, keep,
and maintain for 3 years records of sale, distribution, and results of
inspections and tests conducted in accordance with this subparagraph and
shall make such records available at all reasonable hours upon request
by any officer or employee of the Consumer Product Safety Commission and
shall permit such officer or employee to inspect and copy such records,
to make such stock inventories as he deems necessary, and to otherwise
check the correctness of such records.
(5) Clacker balls described in Sec. 1500.18(a)(7) that have been
designed, manufactured, assembled, labeled, and tested in accordance
with the following requirements, and when tested at the point of
production or while in interstate commerce or while held for sale after
shipment in interstate commerce do not exceed the failure rate
requirements of the table in paragraph (a)(5)(vi) of this section:
(i) The toy shall be so designed and fabricated that:
(A) Each ball: Weighs less than 50 grams; will not shatter, crack,
or chip; is free of cracks, flash (ridges due to imperfect molding), and
crazing (tiny surface cracks); and is free of rough or sharp edges
around any hole where the cord enters or over any surface with which the
cord may make contact. Each ball is free of internal voids (holes,
cavities, or air bubbles) if the balls are made of materials other than
those materials (such as ABS (acrylonitrile butadiene styrene), nylon,
and high-impact polystyrene) that are injection-molded and possess high-
impact characteristics.
(B) The cord: Is of high tensile strength, synthetic fibers that are
braided or woven, having a breaking strength in excess of 445 Newtons
(100 pounds); is free of fraying or any other defect that might tend to
reduce its strength in use; is not molded in balls made of casting
resins which tend to wick up or run up on the outside of the cord; and
is affixed to a ball at the center of the horizontal plane of the ball
when it is suspended by the cord. Clacker balls where the mass of each
ball is less than 12 grams (0.42 oz.) and the distance between the
center of the pivot and the center of the ball cannot exceed 180 mm (7.1
inches) may have a minimum cord breaking strength of less than 445
Newtons (100 pounds), as computed by the following formula:
Adjusted Cord Breaking Strength in Newtons=0.1382(mb)
(Rp), where mb=mass of a single ball in grams and
Rp=pivot length in mm.
(C) When the cord is attached to the ball by means of a knot, the
end beneath the knot is chemically fused or otherwise treated to prevent
the knot from slipping out or untying in use.
(ii) The toy shall be tested at the time of production:
(A) By using the sampling procedure described in the table in
subdivision (vi) of this subparagraph to determine the number of units
to be tested.
(B) By subjecting each ball tested to 10 drops of a 2.25 kg (5-
pound) steel impact rod or weight (57-mm (2\1/4\-inch) diameter with a
flat head) dropped 1220 mm (48 inches) in a vented steel or aluminum
tube (60-mm (2\3/8\-inch) inside diameter) when the ball is placed on a
[[Page 483]]
steel or cast iron mount. Clacker balls where the mass of each ball is
less than 12 grams (0.42 oz.) and the distance between the center of the
pivot and the center of the ball cannot exceed 180 mm (7.1 inches) may
be tested by dropping the impact weight from a height of less than 1220
mm (48 in.), where the height is computed as follows:
Adjusted drop height in mm=179x10-5(mb)
(Rp2), where mb=mass of a single ball in grams and
Rp=pivot length in mm.
Any ball showing any chipping, cracking, or shattering shall be counted
as a failure within the meaning of the third column of the table in
paragraph (a)(5)(vi) of this section.
(C) By inspecting each ball tested for smoothness of finish on any
surface of the ball which may come in contact with the cord during use.
A cotton swab shall be rubbed vigorously over each such surface or area
of the ball; if any cotton fibers are removed, the ball shall be counted
as a failure within the meaning of the fourth column of the table in
subdivision (vi) of this paragraph. The toy shall also be checked to
ascertain that there is no visibly perceptible ``wicking up'' or
``running up'' of the casting resins on the outside of the cord in the
vicinity where the ball is attached.
(D) By fully assembling the toy and testing the cord in such a
manner as to test both the strength of the cord and the adequacy with
which the cord is attached to the ball and any holding device such as a
tab or ring included in the assembly. The fully assembled article shall
be vertically suspended by one ball and a 445-Newton (100-pound) test
applied to the bottom ball. Clacker balls where the mass of each ball is
less than 12 grams (0.42 oz.) and the distance between the center of the
pivot and the center of the ball cannot exceed 180 mm (7.1 inches) may
be tested with a force of under 445 Newtons (100 pounds). The test force
for these clacker balls shall be the same as the cord breaking strength
calculated in Sec. 1500.86(a)(5)(i)(B). Any breaking, fraying, or
unraveling of the cord or any sign of slipping, loosening, or
unfastening shall be counted as a failure within the meaning of the
fourth column of the table in paragraph (a)(5)(vi) of this section.
(E) By additionally subjecting any ring or other holding device to a
222-Newton (50-pound) test load applied to both cords; the holding
device is to be securely fixed horizontally in a suitable clamp in such
a manner as to support 50 percent of the area of such holding device and
the balls are suspended freely. Clacker balls where the mass of each
ball is less than 12 grams (0.42 oz.) and the distance between the
center of the pivot and the center of the ball cannot exceed 180 mm (7.1
inches) may have their holding device tested with a force of less than
222 Newtons (50 pounds). The holding device test force for these clacker
balls shall be half of the cord breaking strength calculated in Sec.
1500.86(a)(5)(i)(B). Any breaking, cracking, or crazing of the ring or
other holding device shall be counted as a failure within the meaning of
the fourth column of the table in paragraph (a)(5)(vi) of this section.
(F) By cutting each ball tested in half and then cutting each half
perpendicularly to the first cut into three or more pieces of
approximately equal thickness. Each portion is to be inspected before
and after cutting, and any ball showing any flash, crack, crazing, or
internal voids on such inspection is to be counted as a failure within
the meaning of the fourth column of the table in paragraph (a)(5)(vi) of
this section. Balls that are injection-molded and possess high-impact
characteristics (such as injection-molded balls made of ABS, nylon, or
high-impact polystyrene) though exempt from the requirements that there
be no internal voids, must be tested to determine the presence of any
flash, crack or grazing. A transparent ball shall be subjected to the
same requirements except that it may be visually inspected without
cutting.
(iii) The toy shall be fully assembled for use at time of sale,
including the proper attachments of balls, cords, knots, loops, or other
holding devices.
(iv) The toy shall be labeled:
(A) With a conspicuous statement of the name and address of the
manufacturer, packer, distributor, or seller.
(B) To bear on the toy itself and/or the package containing the toy
and/or
[[Page 484]]
the shipping container, in addition to the invoice(s) and shipping
document(s), a code or mark in a form and manner that will permit future
identification of any given batch, lot, or shipment by the manufacturer.
(C) To bear a conspicuous warning statement on the main panel of the
retail container and display carton and on any accompanying literature:
That if cracks develop in a ball or if the cord becomes frayed or loose
or unfastened, use of the toy should be discontinued; and if a ring or
loop or other holding device is present, the statement ``In use, the
ring or loop must be placed around the middle finger and the two cords
positioned over the forefinger and held securely between the thumb and
forefinger,'' or words to that effect which will provide adequate
instructions and warnings to prevent the holding device from
accidentally slipping out of the hand. Such statements shall be printed
in sharply contrasting color within a borderline and in letters at least
6 mm (\1/4\ inch) high on the main panel of the container and at least 3
mm (\1/8\) high on all accompanying literature.
(v) The manufacturer of the toy shall make, keep, and maintain for 3
years records of sale, distribution, and results of inspections and
tests conducted in accordance with this subparagraph and shall make such
records available upon request at all reasonable hours by any officer or
employee of the Consumer Product Safety Commission, and shall permit
such officer or employee to inspect and copy such records and to make
such inventories of stock as he deems necessary and otherwise to check
the correctness of such records.
(vi) The lot size, sample size, and failure rate for testing clacker
balls are as follows:
----------------------------------------------------------------------------------------------------------------
Failure rate
Number of units in batch, Failure rate constituting rejection
shipment, delivery, lot, or retail Number of units in constituting rejection when testing per Sec.
stock random sample when testing per Sec. 1500.86(a)(5)(ii) (C),
1500.86(a)(5)(ii)(B) (D), (E), and (F)
----------------------------------------------------------------------------------------------------------------
50 or less........................ 8 1 1
51 to 90.......................... 13 1 1
91 to 150......................... 20 1 1
151 to 280........................ 32 1 2
281 to 500........................ 50 1 2
501 to 1,200...................... 80 2 4
1,201 to 3,200.................... 125 2 6
3,201 to 10,000................... 200 3 10
10,001 to 35,000.................. 315 4 16
35,001 to 150,000................. 500 6 25
150,001 to 500,000................ 800 8 40
500,001 and over.................. 1,250 11 62
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(vii) Applicability of the exemption provided by this paragraph
shall be determined through use of the table in paragraph (a)(5)(vi) of
this section. A random sample of the number of articles as specified in
the second column of the table shall be selected according to the number
of articles in a particular batch, shipment, delivery, lot, or retail
stock per the first column. A failure rate as shown in either the third
or fourth column shall indicate that the entire batch, shipment,
delivery, lot, or retail stock has failed and thus is not exempted under
this paragraph from classification as a banned hazardous substance.
(6) Caps (paper or plastic) described in Sec. 1500.18(a)(5),
provided:
(i) Such articles do not produce peak sound pressure levels greater
than 158 decibels when tested in accordance with Sec. 1500.47, and
provided any such articles producing peak sound pressure levels greater
than 138 decibels but not greater than 158 decibels when tested in
accordance with Sec. 1500.47 shall bear the following statement on the
carton and in the accompanying literature in accordance with Sec.
1500.121: ``WARNING--Do not fire closer than 1 foot to the ear. Do not
use indoors.''
(ii) Any person who elects to distribute toy caps in accordance with
paragraph (a)(6)(i) of this section shall promptly notify the Consumer
Product Safety Commission, Bureau of Compliance, Washington, D.C. 20207,
of their
[[Page 485]]
intention and shall conduct or participate in a program to develop caps
that produce a sound pressure level of not more than 138 decibels when
tested in accordance with Sec. 1500.47.
(iii) Any person who elects to distribute caps in accordance with
paragraph (a)(6)(i) of this section shall, after notification of his
intentions to the Commission in accordance with paragraph (a)(6)(ii) of
this section, submit to the Consumer Product Safety Commission, Bureau
of Compliance, Washington, DC 20207, a progress report not less
frequently than once every 3 months concerning the status of his program
to develop caps that produce a sound level of not more than 138 decibels
when tested in accordance with Sec. 1500.47.
(7) Dive sticks and similar articles described in Sec.
1500.18(a)(19) that come to rest at the bottom of a container of water
in a position in which the long axis of the article is greater than 45
degrees from vertical when measured in accordance with the following
test method:
(i) Test equipment.
(A) A container that is filled with tap water to a depth at least 3
inches [76 mm] greater than the longest dimension of the dive stick. The
container shall:
(1) Be sufficiently wide to allow the dive stick to lie along the
bottom with its long axis in a horizontal position,
(2) Have clear side walls to permit observation of the dive stick
under water, and
(3) Be placed on a level surface and have a flat bottom.
(B) A protractor or other suitable angle measurement device that has
an indicator for 45 degrees from vertical.
(ii) Testing procedure
(A) If the dive stick is sold such that the consumer is required to
attach an additional component(s) to the dive stick, then the product
shall be tested both with and without the attachment(s).
(B) From just above the water surface, drop the dive stick into the
container.
(C) Let the dive stick sink and come to rest at the bottom of the
container. If the dive stick is designed so that the weight can be
adjusted by adding water or other substance, adjust the weight so that
the dive stick sinks and comes to rest with its long axis positioned as
close to vertical as possible.
(D) Align the angle measurement device alongside the dive stick
underwater and wait for the dive stick to come to rest if there is any
water disturbance. Determine whether the long axis of the dive stick is
greater than or less than 45 degrees from vertical.
(8) Dive sticks and similar articles described in Sec.
1500.18(a)(19) in which the maximum force measured in the following test
method is less than 5-lbf [22N]. The test shall be conducted in the
ambient environment of the laboratory and not under water.
(i) Test equipment.
(A) A compression rig that has a force gauge or equivalent device
that is calibrated for force measurements within a minimum range of 0 to
5 lbf [0-22 N] and with an accuracy of 0.1 lbf
[0.44 N] or better. The test rig shall have a
system to guide this force application in the vertical direction and
shall have a means to adjust the rate of load application.
(B) Compression disk--the loading device that is attached to the
force gauge shall be a rigid metal disk with a minimum diameter of 1.125
inches [29 mm].
(C) Vise or other clamping device.
(ii) Testing procedure
(A) Position the bottom of the dive stick in the clamping device so
that the longest axis of the dive stick is vertical. The bottom end of
the dive stick is the end that sinks to the bottom of a pool of water.
Secure the bottom of the dive stick in the clamp such that the clamping
mechanism covers no more than the bottom \1/2\ inch [13 mm] of the dive
stick.
(B) Apply a downward force at a rate of 0.05 in/sec (0.01 in/sec) [1.3 mm.sec 0.3 mm/
sec] at the top of the dive stick with the compression disk positioned
so that the plane of the disk contact surface is perpendicular to the
long axis of the dive stick.
(C) Apply the load for a period of 40 seconds or until the maximum
recorded force exceeds 5-lbf [22 N].
(D) Record the maximum force that was measured during the test.
[[Page 486]]
(b) [Reserved]
[38 FR 27012, Sept. 27, 1973, as amended at 53 FR 46839, Nov. 18, 1988;
59 FR 9076, 9077, Feb. 25, 1994; 66 FR 13651, Mar. 7, 2001; 68 FR 70140,
Dec. 17, 2003]