REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.

SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES. (a) Requirement Under Federal Hazardous Substances Act.— The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by adding at the end the following new section: “SEC. 24. 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.— 108 STAT. 723 “(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: 108 STAT. 724 “(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) 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 108 STAT. 725may 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: “(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 2(p).”. (b) Other Small Balls.—A small ball— (1) intended for children under the age of 3 years of age, and (2) with a diameter of 1.75 inches or less, shall be considered a banned hazardous substance under section 2(q) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)). (c) Regulations.— The Consumer Product Safety Commission (hereinafter referred to as the “Commission”) shall promulgate regulations, under section 553 of title 5, United States Code, for the implementation of this section and section 24 of the Federal Hazardous Substances Act by July 1, 1994, or the date that is 6 months after the date of enactment of this Act, whichever occurs first. Subsections (f) through (i) of section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) shall not apply with respect to the issuance of regulations under this subsection. (d) Effective Date; Applicability.—Subsections (a) and (b) shall take effect January 1, 1995, and section 24 of the Federal Hazardous Substances Act shall apply only to products entered into commerce on or after January 1, 1995. (e) Preemption.— 108 STAT. 726 (1) In general.— Subject to paragraph (2), a State or political subdivision of a State may not establish or enforce a requirement relating to cautionary labeling of small parts hazards or choking hazards in any toy, game, marble, small ball, or balloon intended or suitable for use by children unless such requirement is identical to a requirement established by amendments made by this section to the Federal Hazardous Substances Act or by regulations promulgated by the Commission. (2) Exception.— A State or political subdivision of a State may, until January 1, 1995, enforce a requirement described in paragraph (1) if such requirement was in effect on October 2, 1993.