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15 U.S.C. § 1278 — Requirements for labeling certain toys and games
Federal law — U.S. Code and appendices · legal_authorities
**(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 s
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Source file: Laws/federal/codes/united-states-code/title-15/section-1278-requirements-for-labeling-certain-toys-and-games--db236a9be6.md
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Source location: Title 15, Chapter 30, § 1278; chapter-030-hazardous-substances.md
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**(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) Advertising**
(1) **Requirement**
(A) *Cautionary statement* — Any advertisement by a retailer, manufacturer, importer, distributor, or private labeler (including advertisements on Internet websites or in catalogues or other printed materials) that provides a direct means for the purchase or order of a product for which a cautionary statement is required under subsection (a) or (b) shall include the appropriate cautionary statement displayed on or immediately adjacent to that advertisement, as modified by regulations issued under paragraph (3).
(B) *Application to retailers*
(i) *Requirement to inform* — A manufacturer, importer, distributor, or private labeler that provides such a product to a retailer shall inform the retailer of any cautionary statement requirement applicable to the product.
(ii) *Retailer’s requirement to inquire* — A retailer is not in violation of subparagraph (A) if the retailer requested information from the manufacturer, importer, distributor, or private labeler as to whether the cautionary statement required by subparagraph (A) applies to the product that is the subject of the advertisement and the manufacturer, importer, distributor, or private labeler provided false information or did not provide such information.
(C) *Display* — The cautionary statement required by subparagraph (A) shall be prominently displayed—
(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) *Definitions* — In this subsection:
(i) The terms “manufacturer”, “distributor”, and “private labeler” have the meaning given those terms in [section 2052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2052&num=0&edition=prelim).
(ii) The term “retailer” has the meaning given that term in [section 2052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2052&num=0&edition=prelim), but does not include an individual whose selling activity is intermittent and does not constitute a trade or business.
(2) **Effective date** — The 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** — Notwithstanding any provision of chapter 6 of title 5 or the Paperwork Reduction Act of 1980 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) et seq.), the Commission shall, not later than 90 days after August 14, 2008, promulgate regulations to effectuate this section with respect to catalogues and other printed material. The Commission may, under such regulations, provide a grace period of no more than 180 days for catalogues and other printed material printed prior to the effective date of paragraph (1) during which time distribution of such catalogues and other printed material shall not be considered a violation of such paragraph. The Commission may promulgate regulations concerning the size and placement of the cautionary statement required by paragraph (1) of this subsection as appropriate relative to the size and placement of the advertisements in such catalogues and other printed material. The Commission shall promulgate regulations that clarify the applicability of these requirements to catalogues and other printed material distributed solely between businesses and not to individual consumers.
(4) **Enforcement** — The requirements in paragraph (1) shall be treated as a consumer product safety standard promulgated under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim). The publication or distribution of any advertisement that is not in compliance with paragraph (1) shall be treated as a prohibited act under [section 2068(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2068/a/1&num=0&edition=prelim).
**(d) General labeling requirements**
(1) **In general** — Except 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** — 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) 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** A balloon, ball, marble, toy, or game, that is not in compliance with the requirements of this subsection 11 So in original. Probably should be “this section”. shall be considered a misbranded hazardous substance under [section 1261(p) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/p&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rulemaking**
(1) **In general** — Whenever in the judgment of the Commission such action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application, the Commission may by regulation declare to be a hazardous substance, for the purposes of this chapter, any substance or mixture of substances, which it finds meets the requirements of [section 1261(f)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f/1/A&num=0&edition=prelim).
(2) **Procedure** — Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections (f) through (i) of this section.
**(b) Reasonable variations or additional label requirements** If the Commission finds that the requirements of [section 1261(p)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/p/1&num=0&edition=prelim) are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, it may by regulation establish such reasonable variations or additional label requirements as it finds necessary for the protection of the public health and safety; and any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance.
**(c) Exemption from requirements by regulation** If the Commission finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1262
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this subchapter are to—
(1) minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government;
(2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government;
(3) coordinate, integrate, and to the extent practicable and appropriate, make uniform Federal information resources management policies and practices as a means to improve the productivity, efficiency, and effectiveness of Government programs, including the reduction of information collection burdens on the public and the improvement of service delivery to the public;
(4) improve the quality and use of Federal information to strengthen decisionmaking, accountability, and openness in Government and society;
(5) minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information;
(6) strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information created, collected, maintained, used, disseminated, and retained by or for the Federal Government;
(7) provide for the dissemination of public information on a timely basis, on equitable terms, and in a manner that promotes the utility of the information to the public and makes effective use of information technology;
(8) ensure that the creation, collection, maintenance, use, dissemination, and disposition of information by or for the Federal Government is consistent w
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Commencement of proceeding; publication of prescribed notice of proposed rulemaking; transmittal of notice** A proceeding for the development of a consumer product safety rule may be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall—
(1) identify the product and the nature of the risk of injury associated with the product;
(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards);
(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1);
(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk;
(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and
(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2058
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
**(a)** The term “territory” means any territory or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico but excluding the Canal Zone.
**(b)** The term “interstate commerce” means (1) commerce between any State or territory and any place outside thereof, and (2) commerce within the District of Columbia or within any territory not organized with a legislative body.
**(c)** The term “Commission” means the Consumer Product Safety Commission.
**(d)** Repealed. Pub. L. 110–314, title II, § 204(b)(4)(A), Aug. 14, 2008, 122 Stat. 3041
**(e)** The term “person” includes an individual, partnership, corporation, and association.
**(f)** The term “hazardous substance” means:
(1)
(A) Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.
(B) Any substances which the Commission by regulation finds, pursuant to the provisions of [section 1262(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1262/a&num=0&edition=prelim), meet the requirements of subparagraph (1)(A) of this paragraph.
(C) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the Commission determines by regulation that the substance is sufficiently hazardous to require labeling in accordan
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1261
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In this chapter:
(1) **Appropriate Congressional committees** — The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) **Children’s product** — The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:
(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
(3) **Commerce** — The term “commerce” means trade, traffic, commerce, or transportation—
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).
(4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim).
(5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2052
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Federal law — U.S. Code and appendices · legal_authorities
The Joint Committee on Printing shall consist of the chairman and four members of the Committee on Rules and Administration of the Senate and the chairman and four members of the Committee on House Oversight of the House of Representatives.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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Federal law — U.S. Code and appendices · legal_authorities
Page 1381
TITLE 15—COMMERCE AND TRADE
§ 1278
ferred to in subsection (a) as modified by sub-
section (b) after providing notice and an oppor-
tunity for comment. If at any time the Commis-
sion finds that the standard referred to in sub-
section (a) as modified by subsection (b) is inad-
equate for the protection of the public interest,
it shall promulgate an amendment to the stand-
ard which will adequately protect the public in-
terest. Such final standard shall be promulgated
pursuant to section 553 of title 5, except that the
Commission shall give interested persons an op-
portunity for the oral presentation of data,
views, or arguments, in addition to an oppor-
tunity to make written submissions. A tran-
script shall be kept of any oral presentation.
(d) Guidelines for determining chronically haz-
ardous art materials; issuance; public hear-
ing; scope of criteria; review; amendment
(1) Within 1 year of November 18, 1988, the
Commission shall issue guidelines which specify
criteria for determining when any customary or
reasonably foreseeable use of an art material
can result in a chronic hazard. In developing
such guidelines the Commission shall conduct a
public hearing and provide reasonable oppor-
tunity for the submission of comments.
(2) The guidelines established under paragraph
(1) shall include—
(A) criteria for determining when art mate-
rials may produce chronic adverse health ef-
fects in children and criteria for determining
when art materials may produce such health
effects in adults,
(B) criteria for determining which sub-
stances contained in art materials have the
potential for producing chronic adverse health
effects and what those effects are,
(C)
criteria
for
determining
the
bio-
availability of chronically hazardous sub-
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1278
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Federal law — U.S. Code and appendices · legal_authorities
Page 136
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§ 3501
1 See References in Text note below.
classified to sections 139 to 139f of former Title 5, trans-
ferred to chapter 12 (§ 421 et seq.) of former Title 44, and
repealed by Pub. L. 90–620 upon the enactment of this
title. Subsequent to its original enactment by Pub. L.
90–620, this chapter was amended generally by Pub. L.
96–511 and again by Pub. L. 104–13. As a result, this
chapter is shown herein as having been added beginning
with Pub. L. 104–13 without reference to earlier amend-
atory laws. See Prior Provisions notes throughout this
chapter.
AMENDMENTS
2019—Pub. L. 115–435, title II, § 202(d)(2)(A), (e)(2),
(f)(2), title III, §§ 302(b), 303(b), Jan. 14, 2019, 132 Stat.
5541–5543, 5552, 5556, substituted ‘‘Data inventory and
Federal data catalogue’’ for ‘‘Establishment and oper-
ation of Government Information Locator Service’’ in
item 3511 and ‘‘Chief Data Officers’’ for ‘‘Establishment
of task force on information collection and dissemina-
tion’’ in item 3520, added item 3520A, and added heading
for subchapter III, headings for parts A to D of sub-
chapter III, and items 3561 to 3564, 3571, 3572, 3575, 3576,
and 3581 to 3583.
2018—Pub. L. 115–114, § 2(b), Jan. 10, 2018, 131 Stat.
2278, added item 3559.
2014—Pub. L. 113–283, § 2(e)(1), Dec. 18, 2014, 128 Stat.
3086, added heading for subchapter II and items 3551 to
3558 and struck out heading for former subchapter II
and items 3531 to 3538 and heading for subchapter III
and items 3541 to 3549. Prior to amendment, headings
for both subchapters II and III read ‘‘INFORMATION
SECURITY’’ and items under each subchapter were
substantially similar to items 3551 to 3558.
2002—Pub. L. 107–347, title III, § 301(b)(2), Dec. 17, 2002,
116 Stat. 2
Source: Supplied 2024 U.S. Code historical extraction · 44 U.S.C. § 3501
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