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Electronic Code of Federal Regulations

e-CFR data is current as of May 26, 2020

Title 16Chapter IISubchapter CPart 1505Subpart A → §1505.3


Title 16: Commercial Practices
PART 1505—REQUIREMENTS FOR ELECTRICALLY OPERATED TOYS OR OTHER ELECTRICALLY OPERATED ARTICLES INTENDED FOR USE BY CHILDREN
Subpart A—Regulations


§1505.3   Labeling.

(a) General. Electrically operated toys, and the instruction sheets and outer packaging thereof, shall be labeled in accordance with the requirements of this section and any other applicable requirements of the Federal Hazardous Substances Act and regulations promulgated thereunder. All labeling shall be prominently and conspicuously displayed under customary conditions of purchase, storage, and use. All required information shall be readily visible, noticeable, clear, and, except where coding is permitted, shall be in legible English (other languages may also be included as appropriate). Such factors governing labeling as location, type size, and contrast against background may be based on necessary condensations to provide a reasonable display.

(b) Specific items. (1) The toy shall be marked in accordance with the provisions of paragraph (d) of this section to indicate:

(i) The electrical ratings required by paragraph (c) of this section.

(ii) Any precautionary statements required by paragraph (e) of this section.

(iii) The date (month and year) of manufacture (or appropriate codes). As an alternative to putting this information on the toy itself, it may be included in the instructions provided with the toy (see paragraph (b)(3) of this section).

(2) The shelf pack or package of the toy shall be labeled in accordance with the provisions of paragraph (d) of this section to indicate:

(i) The date (month and year) of manufacture (or appropriate codes).

(ii) The electrical ratings required by paragraph (c) of this section.

(iii) Any precautionary statements required by paragraph (e) of this section.

(3) Each toy shall be provided with adequate instructions that are easily understood by children of those ages for which the toy is intended. The instructions shall describe the applicable installation, assembly, use, cleaning, maintenance (including lubrication), and other functions as appropriate. Applicable precautions shall be included as well as the information required by paragraphs (b) (1) and (2) of this section, except that the date of manufacture information described in paragraph (b)(1)(iii) of this section need not be included in the instructions provided with the toy if it is placed on the toy itself. The instructions shall also contain a statement addressed to parents recommending that the toy be periodically examined for potential hazards and that any potentially hazardous parts be repaired or replaced.

(4) If a toy is produced or assembled at more than one establishment, the toy and its shelf pack or package shall have a distinctive mark (which may be in code) identifying the toy as the product of a particular establishment.

(c) Rating. (1) A toy shall be marked to indicate its rating in volts and also in amperes and/or watts.

(2) If a toy utilizes a single motor as its only electric energy consuming component, the electrical rating may be marked on a motor nameplate and need not be marked elsewhere on the toy if the nameplate is readily visible after the motor has been installed in the toy.

(3) A toy shall be rated for alternating current only, direct current only, or both alternating and direct current.

(4) The alternating current rating shall include the frequency or frequency range requirement, if necessary because of a special component.

(d) Markings. (1) The markings required on the toy by paragraph (b) of this section shall be of a permanent nature, such as paint-stenciled, die-stamped, molded, or indelibly stamped. The markings shall not be permanently obliterable by spillage of any material intended for use with the toy and shall not be readily removable by cleaning with ordinary household cleaning substances. All markings on the toy and labeling of the shelf pack or package required by paragraph (b) of this section shall contrast sharply with the background (whether by color, projection, or indentation) and shall be readily visible and legible. Such markings and labeling shall appear in lettering of a height not less than that specified in paragraph (d)(2) of this section, except that those words shown in capital letters in paragraph (e) of this section shall appear in capital lettering of a height not less than twice that specified in paragraph (d)(2) of this section.

(2) Minimum lettering heights shall be as follows:

Surface Area Display Marking, Minimum Height of Lettering

Square inchesInches
Under 5 116
5 or more and under 25 18
25 or more and under 100 316
100 or more and under 400 14
400 or more 12

(e) Precautionary statements—(1) General. Electrically operated toys shall bear the statement: “CAUTION—ELECTRIC TOY.” The instruction booklet or sheet accompanying such toys shall bear on the front page thereof (in the type size specified in §1500.121), as a preface to any written matter contained therein, and the shelf pack or package of such toys shall bear in the upper right hand quarter of the principal display panel, the statement: “CAUTION—ELECTRIC TOY: Not recommended for children under __ years of age. As with all electric products, precautions should be observed during handling and use to prevent electric shock.” The blank in the preceding statement shall be filled in by the manufacturer, but in no instance shall the manufacturer indicate that the article is recommended for children under 8 years of age if it contains a heating element. In the case of other electrically operated products which may not be considered to be “toys” but are intended for use by children, the term “ELECTRICALLY OPERATED PRODUCT” may be substituted for the term “ELECTRIC TOY.”

(2) Thermal hazards. (i) Toys having Type C or Type D surfaces (described in §1505.6(g)(2)) which reach temperatures greater than those shown in paragraph (e)(2)(ii) of this section shall be defined as hot and shall be marked where readily noticeable when the hot surface is in view with the statement: “HOT—Do Not Touch.” When the marking is on other than the hot surface, the word “HOT” shall be followed by appropriate descriptive words such as “Molten Material,” “Sole Plate,” or “Heating Element,” and the statement “Do Not Touch.” An alternative statement for a surface intended to be handheld as a functional part of the toy shall be “HOT ____ Handle Carefully,” the blank being filled in by the manufacturer with a description of the potential hazard such as “Curler” or “Cooking Surface.”

(ii) Surfaces requiring precautionary statements of thermal hazards are those exceeding the following temperatures when measured by the test described in §1505.6(g)(4):

Surface type (see §1505.6 (g)(2))Thermal inertia type1Temperature
Degrees C.Degrees F.
C165149
C275167
C385185
C495203
D155131
D270158
D380176
D490194

1Thermal inertia types are defined in terms of lambda as follows:

Type 1: Greater than 0.0045 (e.g., most metals).

Type 2: More than 0.0005 but not more than 0.0045 (e.g., glass).

Type 3: More than 0.0001 but not more than 0.0005 (e.g., most plastics).

Type 4: 0.0001 or less (e.g., future polymeric materials).

The thermal inertia of a material can be obtained by multiplying the thermal conductivity (cal./em./sec./degrees C.) by the density (gm./cm.3) by the specific heat (cal./gm./degrees C.)

(3) Lamp hazards—(i) Replaceable incandescent lamps. A toy with one or more replaceable incandescent lamps, having a potential difference of more than 30 volts r.m.s. (42.4 volts peak) between any of its electrodes or lampholder contacts and any other part or ground, shall be marked inside the lamp compartment where readily noticeable during lamp replacement with the statement: “WARNING—Do not use light bulbs larger than __ watts”, the blank being filled in by the manufacturer with a number specifying the wattage rating of the lamp. Such toys shall bear the statement: “WARNING—Shock Hazard. Pull plug before changing light bulb” on the outside of the lamp compartment where it will be readily noticed before gaining access to the lamp compartment.

(ii) Nonreplacement incandescent lamps. A toy which utilizes one or more nonreplaceable incandescent lamps (other than pilot or indicator lamps) shall be marked where clearly visible with the statement: “SEALED UNIT—Do not attempt to change light bulb” or equivalent.

(4) Water. If not suitable for immersion in water, a toy cooking appliance (such as a corn popper, skillet, or candy-maker) or other article which may conceivably be immersed in water shall be marked with the statement: “DANGER—To prevent electric shock, do not immerse in water; wipe clean with damp cloth” or equivalent.

[38 FR 27032, Sept. 27, 1973, as amended at 42 FR 34280, July 5, 1977; 42 FR 43392, Aug. 29, 1977]

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