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U.S. Code as of:
01/19/04
Section 1278. Requirements for labeling certain toys and games
(a) Toys or games for children who are at least 3
(1) Requirement
The packaging of any toy or game intended for use by children
who are at least 3 years old but not older than 6 years (or such
other upper age limit as the Commission may determine, which may
not be less than 5 years old), any descriptive material which
accompanies such toy or game, and, in the case of bulk sales of
such toy or game when unpackaged, any bin, container for retail
display, or vending machine from which the unpackaged toy or game
is dispensed shall bear or contain the cautionary statement
described in paragraph (2) if the toy or game -
(A) is manufactured for sale, offered for sale, or
distributed in commerce in the United States, and
(B) includes a small part, as defined by the Commission.
(2) Label
The cautionary statement required by paragraph (1) for a toy or
game shall be as follows:
(b) Balloons, small balls, and marbles
(1) Requirement
In the case of any latex balloon, any ball with a diameter of
1.75 inches or less intended for children 3 years of age or
older, any marble intended for children 3 years of age or older,
or any toy or game which contains such a balloon, ball, or
marble, which is manufactured for sale, offered for sale, or
distributed in commerce in the United States -
(A) the packaging of such balloon, ball, marble, toy, or
game,
(B) any descriptive material which accompanies such balloon,
ball, marble, toy, or game, and
(C) in the case of bulk sales of any such product when
unpackaged, any bin, container for retail display, or vending
machine from which such unpackaged balloon, ball, marble, toy,
or game is dispensed,
shall bear or contain the cautionary statement described in
paragraph (2).
(2) Label
The cautionary statement required under paragraph (1) for a
balloon, ball, marble, toy, or game shall be as follows:
(A) Balloons
In the case of balloons, or toys or games that contain latex
balloons, the following cautionary statement applies:
(B) Balls
In the case of balls, the following cautionary statement
applies:
(C) Marbles
In the case of marbles, the following cautionary statement
applies:
(D) Toys and games
In the case of toys or games containing balls, the following
cautionary statement applies:
In the case of toys or games containing marbles, the following
cautionary statement applies:
(c) General labeling requirements
(1) In general
Except as provided in paragraphs (2) and (3), any cautionary
statement required under subsection (a) or (b) of this section
shall be -
(A) displayed in its entirety on the principal display panel
of the product's package, and on any descriptive material which
accompanies the product, and, in the case of bulk sales of such
product when unpackaged, on the bin, container for retail
display of the product, and any vending machine from which the
unpackaged product is dispensed, and
(B) displayed in the English language in conspicuous and
legible type in contrast by typography, layout, or color with
other printed matter on such package, descriptive materials,
bin, container, and vending machine, and in a manner consistent
with part 1500 of title 16, Code of Federal Regulations (or
successor regulations thereto).
(2) Exception for products manufactured outside United States
In the case of a product manufactured outside the United States
and directly shipped from the manufacturer to the consumer by
United States mail or other delivery service, the accompanying
material inside the package of the product may fail to bear the
required statement if other accompanying material shipped with
the product bears such statement.
(3) Special rules for certain packages
(A) A cautionary statement required by subsection (a) or (b) of
this section may, in lieu of display on the principal display
panel of the product's package, be displayed on another panel of
the package if -
(i) the package has a principal display panel of 15 square
inches or less and the required statement is displayed in three
or more languages; and
(ii) the statement specified in subparagraph (B) is displayed
on the principal display panel and is accompanied by an arrow
or other indicator pointing toward the place on the package
where the statement required by subsection (a) or (b) of this
section appears.
(B)(i) In the case of a product to which subsection (a) of this
section, subsection (b)(2)(B) of this section, subsection
(b)(2)(C) of this section, or subsection (b)(2)(D) of this
section applies, the statement specified by this subparagraph is
as follows:
(ii) In the case of a product to which subsection (b)(2)(A) of
this section applies, the statement specified by this
subparagraph is as follows:
(d) Treatment as misbranded hazardous substance
A balloon, ball, marble, toy, or game, that is not in compliance
with the requirements of this subsection shall be considered a
misbranded hazardous substance under section 1261(p) of this title.
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