15 USC 1278 - Requirements for labeling certain toys and games

View all text of Chapter 30 [§ 1261 - § 1278a]

§ 1278. Requirements for labeling certain toys and games

(a) Toys or games for children who are at least 3

(1) RequirementThe 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

(b) Balloons, small balls, and marbles

(1) RequirementIn 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) LabelThe cautionary statement required under paragraph (1) for a balloon, ball, marble, toy, or game shall be as follows:

(A) Balloons

(B) Balls

(D) Toys and games

(1) Requirement

(A) Cautionary statement

(B) Application to retailers

(i) Requirement to inform

(ii) Retailer’s requirement to inquire

(i) in the primary language used in the advertisement;

(ii) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed in such advertisement; and

(iii) in a manner consistent with part 1500 of title 16, Code of Federal Regulations.

(D) DefinitionsIn this subsection:

(i) The terms “manufacturer”, “distributor”, and “private labeler” have the meaning given those terms in section 2052 of this title.

(ii) The term “retailer” has the meaning given that term in section 2052 of this title, but does not include an individual whose selling activity is intermittent and does not constitute a trade or business.

(2) Effective dateThe requirement in paragraph (1) shall take effect—

(A) with respect to advertisements on Internet websites, 120 days after August 14, 2008; and

(B) with respect to catalogues and other printed materials, 180 days after August 14, 2008.

(3) Rulemaking

(4) Enforcement

(d) General labeling requirements

(1) In generalExcept as provided in paragraphs (2) and (3), any cautionary statement required under subsection (a) or (b) 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

(3) Special rules for certain packages

(A) A cautionary statement required by subsection (a) or (b) 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) appears.

(B)

(i) In the case of a product to which subsection (a), subsection (b)(2)(B), subsection (b)(2)(C), or subsection (b)(2)(D) applies, the statement specified by this subparagraph is as follows:

(ii) In the case of a product to which subsection (b)(2)(A) applies, the statement specified by this subparagraph is as follows:

(e) Treatment as misbranded hazardous substance

(Pub. L. 86–613, § 24, as added Pub. L. 103–267, title I, § 101(a), June 16, 1994, 108 Stat. 722; amended Pub. L. 110–314, title I, § 105, Aug. 14, 2008, 122 Stat. 3031.)