Or. Admin. Code § 333-016-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-016-0080 - Toys and Other Articles Intended for Use by Children

Under the authority of ORS 453.005 and pursuant to provisions of ORS 453.055 the Administrator has determined that the following types of toys, including their packaging, and pacifiers and other articles intended for use by children, are banned hazardous substances:

(1) Any toy or material intended for use by children which the customer must assemble, and which after assembly presents a hazardous edge. Hazardous edges shall not be produced when the toy is tested in accordance with Requirements No. 1 and No. 2 (see Appendix 2).

(2) Any toy or article intended for use by children not constructed of new material or reprocessed material that has been so refined that the level of contamination from foreign matter does not exceed that found in new material:

(a) Reprocessed plastic, foam scrap, textile producers fibrous scrap, and fabric trimmings from garment manufacture are acceptable, provided that they are clean and have been sanitized;

(b) Loose fillers for toys shall be free of objectionable matter originating from insect, bird, rodent, man, or other animal infestation and of contaminants such as splinters and metal chips to the extend possible in good manufacturing practice.

(3) Any toy or article intended for use by children which does not comply with the following provisions and the labeling provisions of OAR 333-016-0110:

(a) General:

(A) Sharp edges. Known herein as Requirement No. 4:

(i) Toys in which a potentially hazardous sharp edge is a necessary part of the function of the toy shall carry cautionary labeling as specified in OAR 333-016-0110, if the toy is intended for use by children from 48 months to 120 months. Toys intended for children aged less than 48 months shall not have accessible hazardous functional sharp edges;

(ii) Protection of sheet metal edges. Accessible edges of sheet metal less than 0.020 inch thick except those covered by subparagraph (3)(a)(A)(iii) of this rule, shall be protected by hemming, rolling, curling, or shall be covered with a protective cap or sleeve. If caps or sleeves are used, they shall withstand a pull force of ten pounds, applied in accordance with Test (D,i). Hemmed edges shall be closed to a gap of 0.030 inch or less and the cut edge shall not present hazards from feathering. Gaps of rolled or curled edges shall not exceed 0.060 inch between the bare edge and the base sheet. The gap restriction shall not apply to curled edges if the curled portion of the sheet describes an arc of greater than 360 degrees, as shown in Figure 18. However, the gap at the point at which the curled edge has established a 360 degree arc shall not admit a 1/4 inch diameter probe. If accessible holes or slots in sheet metal of less than 0.020 inch thickness admit a rod of 1/2 inch diameter, to a depth of greater than 0.030 inch, then the edges shall be protected in accordance with this requirement. (Additional size requirements for holes are given in Requirement No. 11.);

(iii) Exemptions for sharp metal edges. The edges at the ends of tubes, or the edges at the ends of formed sheet metal profiles, such as those at the ends of a curled edge as shown in Figure 19(a), shall be exempt if the aperture will not admit a 1/4 inch diameter rod and is free of burrs and feathering. Also exempted are unprotected edges less than 3/8 inch in length at the end of a formed profile similar to that shown in Figure 19(b), provided that the unprotected edge is free of burrs and feathering.

(B) Lap joints. Known herein as Requirement No. 5. If the gap between the sheet metal edge and the underlying surface in a lap joint exceeds 0.030 inch, the exposed sheet metal edge shall be protected as described in subparagraph (3)(a)(A)(i) of this rule. The accessible surfaces shall be free of burrs and feathering;

(C) Sharp points. Known herein as Requirement No. 6:

(i) If the ends of bolts or threaded rods are accessible, then the thread shall be finished or covered at the end by cap nuts so as to avoid hazardous sharp edges and burrs. The cap nut shall resist a pull of ten pounds for toys intended for children aged up to 18 months, or 15 pounds for toys intended for children aged from 18 months to and including 168 months of age, applied parallel to the axis of the bolt or threaded rod when tested according to Test (D,i);

(ii) Hazardous points. These requirements are intended to eliminate unexpected hazards from sharp points that may occur because of assembly devices and fasteners such as wires, pins, nails, and staples that are improperly fastened; poorly sheared sheet metal; burrs on screws; splintery wood, etc. Hazardous sharp points may be produced or revealed in use or reasonably foreseeable abuse by the exposure of parts which were designed to be structurally protected. Examples would include the exposure of wire ends and pins or of fasteners through fracture of plastics or deterioration of wood;

(iii) Nails and fasteners. Nails and fasteners that could present a point, edge, ingestion, or projection hazard, except for those used as axles (in which case, see Requirement No. 9) shall not pull out under a force of 20 pounds, applied perpendicular to the joint between the two components, when tested in accordance with Test (D,i). The points of nails or fasteners shall not protrude so as to be accessible. Hazardous points shall not be developed or become accessible after the toy has been tested in accordance with Requirements No. 1 and 2;

(iv) Toys in which an accessible potentially hazardous point is a necessary part of the function of the toy, such as a needle in a sewing kit, or phonograph needle, or darts, shall carry cautionary labeling as specified in OAR 333-016-0110 if the toy is intended for children from 48 to 120 months old. Toys intended for children less than 48 months old shall not have accessible hazardous functional points;

(v) Darts and similar sharp-pointed articles marketed solely for adults shall not be sold by toy stores or in store departments dealing predominately in toys or childrens' articles. Labels shall bear the following statement on the front of the panel of the carton and on any accompanying literature: WARNING: Not a toy for use by children. May cause serious or fatal injury. Read instructions carefully. Keep out of the reach of children. Such statement shall be printed in sharply contrasting color within a borderline and in letters at least one-quarter inch high on the main panel of the container and at least one-eighth inch high on all accompany literature. Labels shall include in the instructions and rules clear and adequate directions and warning for safe use, including a warning against use when any person or animal is in the vicinity of the intended play or target area;

(vi) Toy bow and arrow sets providing arrow tips shall be protected with rubber or similarly soft, blunt coverings that are firmly glued or affixed in such a manner that they cannot be removed by Test (D,i).

(D) Wires or rods. Known herein as Requirement No. 7. Wires or rods used in the interior of dolls or stuffed toys shall have their ends turned back or covered with protective caps or covers as described in subparagraph (3)(a)(E)(ii) of this rule, if they can become accessible after use or reasonably foreseeable abuse. Wires or rods used as stiffeners or skeletons in toys intended to be bent or formed shall not fracture to produce an accessible point, edge, or projection hazard when tested according to Test (C,i);

(E) Projections. Known herein as Requirement No. 8. This requirement is intended to minimize possible puncture hazards that might be caused by rigid projections such as unprotected ends of axles, actuating levers, and decorative features. This requirement relates to potentially hazardous projections in toys intended for use by children aged 60 months or less. Hazardous projections shall not be exposed after the toy has been tested according to Requirements No. 1 and 2:

(i) Protection of rigid projections. The toy shall be examined in all natural (unsupported) angles of repose. If the toy has a flat, unwheeled base greater than 175 square inches in area, it shall be examined in the normal play position; if however, the toy tips when placed on an incline of 45 degrees in any direction, it shall also be examined in the position that it assumes when it comes to rest. If a projection appears to constitute a potential puncture hazard, then the projection shall be protected by suitable means, such as by turning back the end of a wire, or by affixing a protective cap or cover as described in Protective caps and covers, subparagraph (3)(a)(E)(ii) of this rule, which effectively increases the surface area for potential contact with the body;

(ii) Protective caps or covers. Protective caps or covers shall be smoothly finished, and shall support the weight of the toy when the toy is suspended from the cap or cover, or shall resist a pull of ten pounds parallel to the axis of the projection when tested according to Test (D,i), whichever is greater. Caps or covers shall also resist a push load of ten pounds when tested according to Test (D,i), so as to prevent the cap or cover from being punctured or split during use or abuse.

(b) Wheels, tires, and axles. Known herein as Requirement No. 9. These requirements are intended to eliminate the possibility of ingestion hazards that might be caused by small wheels or tires that separate during normal use or reasonably foreseeable abuse, and puncture hazards from projecting axles, either on the toy or on wheel assemblies that may be removed from the toy during abuse. The requirements in subparagraphs (3)(b)(A)(i), (ii), and (iii) of this rule, apply to transportation wheels on both preassembled and knocked-down toys intended for children aged 96 months or less. In the case of knocked-down toys, the toy shall be tested in the form that it would be assembled by the purchaser, using simple household tools and/or special tools provided by the manufacturer, if any. The requirements do not apply to toys that are designed to be repeatedly assembled and taken apart and are so described on the package, so that the purchaser expects to find removable wheel systems as part of the function of the toy (however, in no case shall the size requirements of Requirements No. 21 and 22 be disregarded). The tests shall be carried out in accordance with methods described in Test (B,i) and the performance levels shall be maintained after testing as described in Requirements No. 1 and 2:

(A) Tire Removal. Tires which are not an ingestion hazard as defined in Requirement 21, shall be tested in accordance with Test (B,i), tires affixed to toys shall withstand a pull force of not less than 10 pounds, if intended for children aged up to 18 months, or 15 pounds, if intended for children aged from 18 months to 36 months. If tires which are not an ingestion hazard pull off under the above conditions, then the remaining hub shall be tested according to subparagraphs (3)(b)(A)(i) and (ii) of this rule:

(i) Wheels 3/4 inch or less in diameter. Wheels 3/4 inch or less in diameter shall withstand a pull force of ten pounds in the case of toys intended for children aged less than 18 months, and 15 pounds for toys intended for children from 18 months but not over 96 months, applied in line with, or parallel to, the axle for 19 seconds if the wheel or axle constitutes an ingestion hazard, as described in Requirements No. 21 and 22, or if the axle presents a laceration or puncture hazard, as described in OAR 333-016-0056(3). The pull test described in Test (B,ii) shall be applied to the wheels while they are on the toy;

(ii) Wheels greater than 3/4 inch diameter. Wheels with a diameter greater than 3/4 inch that are free to rotate on their axles shall withstand a pull force of 20 pounds applied in line with or parallel to the axle, for a period of ten seconds, if when the wheel is removed or displaced, the wheel or axle presents a laceration, puncture, or ingestion hazard, as defined in OAR 333-016-0056(3), Requirements No. 21 and 22, respectively. The parallel pulling force shall be applied to the wheels while they are on the toy, in accordance with Test (B,ii). Wheels with a diameter greater than 3/4 inch that are not free to rotate on their axles shall, in addition, be subjected to a torsional force of four inch-pounds at the same time that the parallel pulling force is applied, in accordance with Test (B,iii);

(iii) "Snap-in" assemblies. If the axle and wheel assembly of a toy is of the "snap-in" type and if there is a clearance between the axle and the body of the toy of 1/2 inch or greater so that fingers can be hooked behind the axle, then a 15 pound pull shall be applied perpendicular to the axle, as described in Test (B,iv). If the wheel assembly is removed by either of these tests, then the wheel assembly shall be examined for possible puncture hazards, as described in Requirement No. 8 that might be caused by the axle if a wheel slides along the axle. A compressive load of 20 pounds shall be applied according to the test specified in Test (B,v).

(c) Folding mechanisms and hinges. Known herein as Requirement No. 10. These requirements are intended to eliminate possible crushing or laceration hazards that might occur in folding mechanisms and hinges. Examples are the sudden collapse or unexpected motion of a folding mechanism or hinge that produces a scissor action; and the changing clearances at the hinge line between two hinged portions, such that the gap will admit fingers at one position of the hinge but not at all positions. These requirements do not relate to the recognized and familiar hazards associated with the changing clearances around the edges of doors or pivoted or hinged sections in toy truck bodies, toy earth moving machinery, and similar toys. The requirements specified in paragraphs (3)(c)(A) and (B) of this rule shall be maintained after testing according to Requirements No. 1 and 2:

(A) Folding mechanisms. Toy furniture and other toys in which a folding mechanism, arm, or bracing is intended to support a weight of greater than five; pounds in normal use or reasonably foreseeable abuse shall have a safety stop, locking device, or adequate clearance to give protection for the fingers, hands, and toes against crushing or laceration by preventing unexpected or sudden movement or collapse of the article;

(B) Hinge line clearances. Toys having a gap or clearance along the hinge line between a stationary portion and a moveable portion that weighs more than 1/2 pound, shall be so constructed that, if the accessible gap at the hinge line will admit a 3/16 inch diameter rod, it will also admit a 1/2 inch diameter rod at all positions of the hinge.

(d) Slots, holes, clearances, and protection of mechanisms. Known herein as Requirement No. 11. These requirements are intended to eliminate possible hazards that may be caused by changing clearances. These requirements shall be maintained after testing according to Requirements No. 1 and 2. The different pinch clearance requirements in paragraphs (3)(d)(A) through (H) of this rule reflect the different modes of entrapment or pinching that may be encountered:

(A) Wheel clearances. This requirement concerns clearance between wheels and rigid wheel wells or fenders of ride-on toys, or the driven wheel(s) of toys powered by electrical, spring, or inertial energy. If such clearances admit a 3/16 inch diameter rod, they shall also admit a 1/2 inch diameter rod in order to prevent the trapping of fingers;

(B) Holes and slots in rigid materials. This requirement is intended to avoid finger entrapment (which may cut off blood circulation). Inaccessible holes and slots in sheet metal and other rigid materials in toys intended for children aged 60 months or less. If an accessible circular hole in any rigid material less than 0.062 inch in thickness can admit a 1/4 inch diameter rod to a depth of 3/8 inch or greater, it shall also admit a 1/2 inch diameter rod;

(C) Chains and belts. These requirements are to prevent finger crushing through entrapment between links of supporting chains or between chains and sprockets, or pulleys and belts;

(D) Supporting chains. Chains that support the weight of a child in toys, such as hanging seats or similar devices, intended for children up to 36 months old shall be shielded if the chain is accessible and if a 3/16 inch diameter rod can be inserted between two links, as in Figure 20, with the chain in slack configuration;

(E) Chains or belts for ride-on toys. Power transmission chains and belts in ride-on toys intended for children through the age of 120 months shall be shielded;

(F) Shielding of mechanisms. Clockwork, battery operated, inertial, or other power driven mechanisms in toys intended for children through the age of 60 months shall be enclosed or shielded so that a 1/4 inch diameter rod three inches long cannot contact parts that could present pinch or laceration hazards;

(G) Winding keys. This requirement is to avoid pinching or laceration of fingers by entrapment between the key and the body of the toy. It applies to toys intended for children aged 24 months or less that use winding keys which rotate as the mechanism unwinds. This requirement applies to keys with flat plates attached to the stem, as distinct from those that have circular knobs to which to apply the torque, and which protrude from a rigid surface. If the clearance between the flukes of the key and the body of the toy will admit a 1/4 inch diameter rod, it shall also admit a 1/2 inch diameter rod at all positions of the key. For keys covered by this requirement, there shall be no opening in the key which can admit a 3/16 inch diameter rod;

(H) Coil springs. This requirement applies to toys containing springs so as to avoid pinching of fingers or toes:

(i) Coil extension springs. Coil extension springs that form part of a component that carries the weight of a child shall be shielded so as to prevent access during use or reasonably foreseeable abuse if a 1/8 inch diameter rod cannot be freely inserted between coils when the spring is at rest, and if a weight of between 3 and 50 pounds can separate adjacent coils so as to admit a 1/8 inch diameter rod;

(ii) Coil compression springs. Accessible coil compression springs that are subjected to a compressive load of 3 to 50 pounds during normal use or reasonably foreseeable abuse of the toy shall be shielded if a 1/4 inch diameter rod can be inserted between the adjacent coils at any point in the action cycle, or when the spring is at rest.

(e) Strings and elastics. Known herein as Requirement No. 12. These requirements are intended to minimize hazards that might be caused by flexible strings and elastics. The term "string" shall include monofilaments, plastic and textile tapes, and chains, as well as those fibrous materials commonly called string:

(A) Crib and playpen toys. Flexible strings attached at one end to a toy intended for use in cribs or playpens shall be less than 12 inches in length. If a string is attached to form a loop, then the perimeter of the loop shall be less than 14 inches;

(B) Pull toys. Flexible strings greater than 12 inches long for pull toys intended for children less than 36 months old shall not be provided with loops or beads or other attachments that could tangle to form a loop;

(C) Self-retracting pull strings. Strings used in string-actuated mechanisms for toys intended for use by children under age 18 months, except monofilament-type strings 1/16 inch or less in diameter, shall not retract when a weight of two pounds is attached to the fully extended string, with the string vertical and the toy held firmly in the most favorable position for retraction. Monofilament-type strings 1/16 inch or less in diameter shall not retract under a load of one pound, when tested in the manner described above;

(D) Elastics. The unaffixed portion of elastic in toys intended for children less than 36 months old shall not extend to more than 12 inches under a load of 5 pounds;

(E) Strings and lines for flying devices. Kite strings and handheld lines over six feet long attached to flying devices intended for use as playthings shall have an electric resistance of more than 108 ohm/cm when tested at a relative humidity of 50 plus or minus five percent and a temperature of 70 plus or minus 5 degrees F. when measured by a high voltage, resistance breakdown meter.

(f) Projectiles. Known herein as Requirement No. 13. These requirements relate to certain, but not all, potential unexpected hazards that might be caused by projectiles and by the firing of improvised projectiles. Certain well-recognized hazards, inherent in such traditional toys as slingshots and darts, are not covered by this requirement. The requirements in paragraphs (3)(f)(A) and (B) of this rule shall apply to toys that discharge projectiles intended for use by children under age of 120 months:

(A) The integrity of protective tips. Protective tips of projectiles shall withstand a pulling force of 15 pounds, when tested according to the procedure of Test (D,i), and shall not produce or reveal hazardous points or edges when fired into a solid object, according to the test procedures described in Test (A,ii);

(B) Discharge mechanisms. Discharge mechanisms shall be unable to discharge hazardous improvised projectiles such as pencils or rocks without modification by the user.

(g) Protection devices. Known herein as Requirement No. 14. Toy protection devices and simulated protective devices such as football helmet and pads which are not the real protective device but which may be worn as a real protective device:

(A) Simulated protective devices, such as helmets, hats, and goggles. This requirement is intended to minimize hazards that might be caused, for example, by goggles or space helmets if the material from which they are constructed readily shatters; or by toys that simulate protective devices, such as football helmets and pads, if the wearer uses the article as a real protective device rather than as a toy. The toy shall conform to the following requirements after testing according to Requirements No. 1 and 2:

(i) Eye protection. Toys that cover the face, such as goggles, space helmets, or face shields, shall be constructed of impact resistant material that will not fail under normal use or reasonably foreseeable abuse so as to generate sharp edges, points, or small pieces that could enter the eye. Toys shall be tested for compliance according to Test (A,iv). Toys that enclose the head are discussed in subsection (3)(m) of this rule;

(ii) Interior finish. The interiors of toys that cover the face shall be smoothly finished so as to be free of hazardous edges, points, and projections.

(B)

(i) Simulated protective devices. Toys that simulate safety protective devices, such as football helmets and pads and baseball caps, shall be clearly marked warning the purchaser that they are not safety protective devices. Also, the packages in which these toys come shall be marked in accordance with OAR 333-016-0110;

(ii) The marking on the toy shall withstand normal use, and reasonably foreseeable abuse, and shall be of the same size as required for the package.

(h) Flotation devices. Known herein as Requirement No. 15. This term means toys designed for recreational use but does not include toys used in bathtubs or boats designed for children to ride in. A hazard that needs to be considered is the possible erroneous assumption that flotation toys are life saving devices. This requirement applies to toys designed for water recreational use, as distinct from flotation toys used in the bathtub, but excludes boats designed for children to ride in. Flotation toys designed for recreational use and their packages shall be clearly labeled in accordance with OAR 333-016-0110 so that the purchaser is informed that they are not life saving devices and that they should be used in water only under parental supervision. (The labeling or marking on the toy shall resist normal use and reasonably forseeable abuse, and shall conform to the same size requirements as that for the package.) No advertising copy or graphics shall imply that the child will be safe with such a toy if left unsupervised;

(i) Toxicology. Known herein as Requirement No. 16:

(A) Food and cosmetics. Toys which are intended to be used in conjunction with food or in the preparation of food, or are intended to simulate cosmetics, shall conform to the Federal Food, Drug, and Cosmetic Act;

(B) Handling and packaging of food. All food products supplied with toys shall be handled and packaged incompliance with Title 21, CFR Section 128, which is concerned with sanitation practices in the manufacture, processing, packaging, or holding of human foods;

(C) Crayons, paints, chalks, and other similar material. All crayons, paints, chalks, and other similar material shall conform to the safety requirements of the Act. (These are the same as appear in the Federal Hazardous Substances Act.);

(D) Paint or other similar surface coating material. Surface coatings shall not contain compounds and impurities of antimony, arsenic, cadmium, mercury, lead, or selenium of which the metal content individually or in total (calculated as Sb, As, Cd, Hg, Pb, Se, respectively) is in excess of 0.06 percent by dry weight of the contained solids (including pigments, film solids, and driers). In preparing the coating sample for testing the above metals other than lead, the paint film shall be ground into a fine powder and extracted with five percent hydrochloric acid for one hour at a temperature of 45 to 50 degrees C. also, the surface coatings shall not contain barium compounds or impurities of which the water soluble barium (calculated as Ba) is in excess of 1 percent of the total barium in such coatings. For the purpose of these rules, "paint" includes lacquer, varnish, and similar substances;

(E) Liquids. Liquids contained in toys shall conform to the requirement of the Federal Hazardous Substances Act and Shall conform to State of Oregon requirements for potable water. Liquids shall be tested for coliform bacteria and total plate count according to the rules of the Public Health Division. (These are "Standard Methods for Examination of Water and Wastewater" published by the American Public Health Association, 13th edition, 1971, Part 405, pages 657, 658, 659, and 660.)

(j) Flammability. Known herein as Requirement No. 17. Fabric used in toys or as components of toys shall comply with the requirements of the Flammable Fabrics Act. Materials other than textile materials shall comply with OAR 333-016-0005(11)(b) and 333-016-0040. These are the same as Title 16, Section 1500.3(c)(6)(iv) and Section 1500.44, CFR;

(k) Plastic, wood, and other components used to make the toy or article. Known herein as Requirement No. 18:

(A) Plastic toys or components made from plastics having a Young's modulus in tension of greater than 100,000 psi shall be free of accessible hazardous flash, points, and burrs. Accessible portions of plastic toys shall be deburred or deflashed so that their edges are not hazardous. Sections should be designed so as to avoid generation of sharp edges during reasonably foreseeable use or misuse;

(B) Wood. The accessible surfaces and edges of wood used in toys shall be smoothly finished to avoid splinters and sharp edges and free from splinters;

(C)

(i) Metal toys. The accessible edges, corner, or mold parting areas of metal parts of 0.020 inch or greater in thickness shall be free of burrs and flash, or covered by durable coatings such as baked enamel. Baked enamel coating or equivalent shall be not less than 0.001 inch thick on the edge, and hazardous edges shall not be exposed after testing according to Requirements No. 1 and 2;

(ii) Sheet metal toys. Sheet metal parts less than 0.020 inch thick shall have the edges protected as described in subparagraph (3)(a)(A)(i) of this rule, if the edges are accessible in use or become accessible as a result of reasonably foreseeable abuse. If a sheet metal edge of less than 0.020 inch in thickness is unprotected on a toy designed for consumer assembly, the outside of the package shall carry a label cautioning the purchaser to exercise care in unpackaging and assembly, according to the requirements of OAR 333-016-0110.

(D) Cellulose Nitrate. A toy shall not, whether wholly or in part, be made of or impregnated with cellulose nitrate. This rule shall not apply to a ball of the kind used for ping-pong or table tennis;

(E) Glass mirrors, vanity sets, or china sets that are either:

(i) Made of shatter resistant, tempered, or laminated glass, plastic, or other material which would not, under normal conditions of use or reasonably foreseeable abuse, break, forming sharp or piercing edges; or

(ii) Labeled as intended for children age six and older.

(l) Stability. Known herein as Requirement No. 19:

(A) Stability of ride-on toys and seats. Any toy intended for use by children age 60 months or less: i.e., ride-on toys with three or more load bearing wheels, such as tricycles and wagon; ride-on action type toys such as hobby horses, stationary toys with seats, such as play furniture and ride-on toys of spherical, cylindrical, or other shapes which do not normally have a stable base shall satisfy subparagraphs (3)(l)(A)(i) through (3)(l)(C) of this rule:

(i) Sideways stability requirement. These requirements recognize two types of possible stability hazards: Those associated with ride-on toys or seats where the feet can provide stabilization, and those situations where the feet are restricted by an enclosing structure. There shall be no sideways stability requirement for ride-on toys if a child at the lowest age of the age range for which the toy is intended can touch the ground flat-footed when sitting on, or straddling, the seat;

(ii) Sideways stability, feet available for stabilization. If a child at the lowest age of the age range for which the ride-on toy or seat is intended cannot place both feet on the ground when seated on or when straddling the seat of a ride-on toy or seat, and his legs are unrestricted in their sideways motion and are thus available for stabilizing, then the toy shall not tip when placed across the slope of a smooth surface inclined ten degrees to the horizontal. A load simulating a child's weight such as a bag of sand or shot, shall be applied to the seat, and the steering mechanism, if any, shall be in the position where the toy is most likely to tip. The load shall be equal to the upper 97 percentile weight of a child at the highest age of the age range for which the toy is intended, according to the anthropometric charts given in Appendix 1. The load shall be applied so that its center of gravity lies in the true vertical six inches above the center of the seat. In the case of wagons, the load is to be applied on the rearmost one third of the wagon bed. Wheels shall be chocked during the test to restrict rolling, but castors shall be allowed to assume their natural position before chocks are applied;

(iii) Sideways stability, feet unavoidable for stabilization. If the sideways motion of the feet and/or legs is restricted, such as by the enclosed sides of a toy automobile, then the ride-on toy or seat shall not tip when placed across the slope of a smooth surface inclined 15 degrees to the horizontal. Requirements for steering, loading, chocks, and castors, shall be as for sideways stability, feet available subparagraph (3)(l)(A)(ii) of this rule;

(iv) Fore and aft stability. This requirement relates to the stability of the ride-on toy or seat in the front and back direction with respect to the rider, so that the rider cannot easily use the legs for stabilization. All ride-on toys or seats falling within the scope of paragraph (3)(l)(A) of this rule shall not tip forward or backward when the toy, which shall be loaded with a simulated child's weight, is placed both facing down and up the slope of a smooth surface inclined 15 degrees to the horizontal. Requirements for steering, loading, chocks, and castors shall be as for subparagraph (3)(l)(A)(ii) of this rule. The load shall be applied in the least favorable position on the seat for each direction;

(B) Tipping of stationary floor toys. This requirement is intended to minimize hazards that might be caused by a toy that tips when a door, drawer, or other movable portion is extended to its fullest travel. Stationary floor toys of greater than 30 inches in height and weighing more than ten pounds shall not tip when placed on a ten degree incline in any direction;

(C) Overload requirement for ride-on toys and seats. This requirement is intended to minimize unexpected hazards that could be caused by a toy that is not capable of accepting an overload. All ride-on toys, toys intended for use as seats, or toys designed to support all or part of the weight of a child shall support an overload applied to the seat, or other load-bearing component, without collapsing to produce a hazardous condition. This overload shall be three times the upper 97 percentile weight of a child at the highest age of the age range for which the toy is intended, according to the anthropometric charts given in Appendix 1.

(m) Confined spaces. Known herein as Requirement No. 20. Toys that form enclosures, such as toy storage chests or toy refrigerators, and head-enclosing toys such as space helmets. Paragraphs (3)(m)(A), (B), and (C) of this rule shall be maintained after testing according to Requirements No. 1 and 2:

(A) Ventilation. Any toy having a door or lid, which encloses a continuous volume greater that 1.1 cubic feet, and in which all internal dimensions are greater than six inches, shall provide an unobstructed ventilation area of greater than a total of two square inches when placed on the floor in any configuration and adjacent to two vertical plane surfaces meeting at a 90 degree angle, so as to simulate the corner of a room. If a permanent partition or bars (two or more) which effectively limit the continuous space by making the smallest internal dimension six inches, or less, are used to subdivide a continuous space, the ventilation area shall not be required;

(B) Doors. Doors to enclosures falling within the scope of paragraph (3)(m)(A) of this rule shall be fitted with closures that cannot mechanically latch (examples of acceptable closures are magnetic or friction types);

(C) Toys that enclose the head. Toys that enclose the head, wholly or partially, such as space helmets, which are made of impermeable materials shall provide means for breathing by the incorporation of four ventilation holes, each of which is at least 1/2 square inch, situated at least six inches apart. The requirements of OAR 333-016-0056(2)(d)(E) shall be maintained. Simulated protection toys are in paragraph (3)(g)(B) of this rule.

(4) Any toy or article or packaging intended for use by children which contains the following type of hazard and does not comply with the following provisions, and the provisions of OAR 333-016-0110:

(a) Small toys and small parts of toys. Known herein as Requirement No. 21:

(A)

(i) Any toy intended for children under three years of age and such toy or other article or any of its components which are accessible, or parts of the toy or other article which become accessible under conditions of normal use or reasonably foreseeable damage or abuse, will not completely fit, in a noncompressed state, into the truncated right cylinder shown in Figure 21 is banned. Chalk, crayons, and books made entirely of paper are excluded;

(ii) For determining whether or not parts of such toy or other article may become accessible under conditions of normal use or reasonably foreseeable damage or abuse, the applicable tests prescribed in 333-016-0057 shall be utilized in conjunction with Tests (B,i) through (B,v), (C,i), (D,i) and (D,ii). Performance levels after testing in Requirements No. 1 and 2 and of Tests (A,i), (A,ii), and (A,iii) shall be satisfied. Highly porous materials, such as cheesecloth, string, and pom-poms, and any toy or other children's article that is not generally recognized as being suitable for use only by children three years of age or older will be subject to the provisions of subsection (4)(a) of this rule unless it meets the requirements of subparagraphs (4)(a)(A)(i)and (ii) of this rule:

(I) The shelf package of the article is prominently and clearly marked in the upper right-hand quarter of the principal display panel with the statement: "Contains Small Pieces -- Easily Swallowed -- Therefore Intended for Children Over 3 Years of Age";

(II) If the article is unpackaged, the required statement shall appear on the article itself or on a tag securely attached to the article, and the applicable labeling requirement in OAR 333-016-0110 and 333-016-0155.

(B) Known herein as Requirement No. 22. Any mouth-actuated toy or other mouth-actuated article intended for use by children under eight years of age is banned, if such toy or other such article or any of its components which are accessible, or parts of such toy or other such article which becomes accessible under conditions of normal use or reasonably foreseeable damage or abuse, will not completely fit, in a noncompressed state, into the truncated right cylinder shown in Figure 21. For determining whether or not parts of such toy or other such article may become accessible under conditions of normal use or reasonably foreseeable damage or abuse, the applicable tests in OAR 333-016-0058 shall be utilized in conjunction with Test (D,ii) and applicable tests in OAR 333-016-0059. If the air outlet is capable of being inserted into or covered by mouth, then the procedure of Test (D,ii) shall also be applied to the outlet;

(C)

(i) Any mouth-actuated toy or other mouth-actuated children's article that is not generally recognized as being suitable for use only by children eight years of age or older will be subject to the provisions of paragraph (4)(a)(B) of this rule unless it meets the following requirements;

(ii) The shelf package of the article is prominently and clearly marked in the upper right-hand quarter of the principal display panel with the statement: "Contains Small Pieces -- Easily Swallowed -- Therefore Intended for Children Over 8 Years of Age". If the article is unpackaged, the required statement shall appear on the article itself or on a tag securely attached to the article and the applicable labeling requirements of OAR 333-016-0110(5) and 333-016-0115.

(b) Toys which induce sound levels:

(A) Impulse sound. Known herein as Requirement No. 23:

(i) Articles which produce impulse sound shall not produce peak sound pressure levels greater than 158 decibels when tested in accordance with OAR 333-016-0055;

(ii) Any article producing peak sound pressure levels greater than 138 decibels but not greater than 158 decibels when tested in accordance with OAR 333-016-0055 shall bear the following statement on the carton and in the accompanying literature in accordance with OAR 333-016-0115: "Warning: Do not fire closer than one foot to the ear. Do not use indoors". Labeling requirements of OAR 333-016-0110 shall also be satisfied;

(iii) Caps (paper or plastic) intended for use with toy guns and toy guns not intended for use with caps if such caps when so used or such toy guns produce impulse-type sound at a peak pressure level at or above 138 decibels, referred to 0.0002 dyne per square centimeter when measured in an anechoic chamber at a distance of 24 centimeters (or the distance at which the sound source would ordinarily be from the ear of the child using it if such distance is less than 25 centimeters) in any direction from the source of the sound.

(B) Continuous sound levels. Known herein as Requirement No. 24. Continuous sound levels which exceed the following intensity and duration limits when measured on the scale of a standard sound level meter at a slow response. When noise levels are determined by octave band analysis, the equivalent A-weighted sound level may be determined by octave band analysis, the equivalent A-weighted sound level may be determined as follows: Equivalent sound level contours. Octave band sound pressure levels may be converted to the equivalent A-weighted sound level by plotting them on the graph as set out in Exhibit 1 and noting the A-weighted sound level corresponding to the point of highest penetration into the sound level contours. This equivalent A-weighted sound level, which may differ from the actual A-weighted sound level of the noise, is used to determine exposure limits from the table in Exhibit 1.

*If the variations in noise levels involve maxima at intervals of 1 second or less, it is to be considered continuous.

(c) An electrical toy. This term means any electrically operated toy or other electrically operated article intended for use by children which is intended to be operated by electrical current from nominal 120 volt (110 - 120 v.) branch circuits. If the package (including packaging materials) of the toy is intended to be used with the product, it is considered to be part of the toy:

(A) General labeling requirements. Known herein as Requirement No. 25:

(i) Any electrical toy shall conform to the general labeling requirements of this section, i.e., paragraphs (4)(c)(A) and (B) of this rule and to the specific requirements relating to hot surfaces, i.e., paragraph (4)(c)(B) of this rule;

(ii) The markings required on an electrical toy by 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 substances. All markings on the toy and labeling of the shelf pack or package required by 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 OAR 333-016-0110(2), except that those words shown in capital letters in this section shall appear in capital lettering of a height not less than twice that specified in OAR 333-016-0110(2). Electrically operated toys shall bear the statement: "CAUTION -- ELECTRIC TOY". The shelf pack or package and the instructions of such toys shall bear the statement in the upper right-hand quarter of the principal display panel: "CAUTION -- ELECTRIC TOY: Not Recommended For Children _____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 eight 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".

(B) Hot surfaces. Known herein as Requirement No. 26:

(i) Labeling. Electrical toys having Type "C" or "D" surfaces described in this paragraph as Type "C" or "B" which reach temperatures greater than those shown in Table 3 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 "Curier" or "Cooking Surface." Surfaces requiring precautionary statements of thermal hazards are those exceeding the following temperatures when measured by the test described in Test (T,i) and (T,ii);

(ii) Surface types:

(I) Type A. A part or surface of a toy (such as a handle) likely to be grasped by the hand or fingers for the purpose of carrying the toy or lifting a separable lid;

(II) Type B. A part or surface of a toy that part of a handle, knob, or similar component, but which is not normally grasped or contacted by the hand or fingers for carrying (including parts of a handle within seven-sixteenths of an inch of the surface to which the handle is attached and parts of a knob within 1/4 inch of the surface to which the knob is attached, if the remainder of the knob is large enough to be grasped), or a handle, knob, or part that may be touched but which need not be grasped for carrying the toy or lifting a lid, door, or cover (e.g., support part of a handle or knob);

(III) Type C. A part or surface that can be touched by casual contact or that can be touched without employing the aid of a common household tool (screwdriver, pliers, or other similar household tool) and that is either a surface that performs an intended heating function (e.g., the sole plate of a flatiron, a cooking surface, or a heating element surface), or a material heated by the element and intended to be used as the product of the toy, excluding pans, dishes, or other containers used to hold the material to be cooked or baked if a common utensil or other device is supplied with the toy and specific instruction are established for using such a device to remove the container from the heated area;

(IV) Type C Marked. A Type C surface which has been marked with a precautionary statement of thermal hazards in accordance with subparagraph 4)(c)(B)(i) of this rule;

(V) Type D. An accessible part or surface of a toy other than Types A, B, C, or E, of this paragraph;

(VI) Type D Marked. A Type D surface which has been marked with a precautionary statement of thermal hazards in accordance with subparagraph (4)(c)(B)(i) of this rule;

(VII) Type E. A heated surface in an oven or other article that is inaccessible or protected by an electrical-thermal safety interlock.

(d) Any article known as a "baby-bouncer", "walker-jumper", or "baby-walker" and any other similar article which is intended to be used by very young children (usually from about four months to 18 months old) while sitting, walking, bouncing, jumping, and/or reclining for napping shall comply with the following provisions:

(A) Frames are designed and constructed in such a manner as to prevent injury from any scissoring or pinching which may occur when the members of the frame or other components rotate about a common axis or fastening point;

(B) Coil springs which expand sufficiently to allow space for insertion of a finger, toe, or another part of a child's anatomy are covered or otherwise designed to prevent injuries;

(C) Holes, slots, cracks, or hinged components in any portion of the article through which a child could insert a finger, toe, or another part of the anatomy are guarded or otherwise designed to prevent injuries;

(D) The articles are designed and constructed so as to eliminate from any portion of the article the possibility of presenting a mechanical hazard through pinching, bruising, lacerating, crushing, breaking, amputating, or otherwise injuring normal use or when subjected to reasonably foreseeable damage or abuse;

(E) The article is labeled:

(i) With a conspicuous statement of the name and address of the manufacturer, packer, distributor, or seller; and

(ii) To bear on the article itself and/or the package containing the article and/or shipping container in addition to the invoice(s) and shipping document(s), a code or mark in a form or manner that will permit future identification of any given batch, lot, or shipment by the manufacturer; and

(F) A company manufacturing the article shall make, keep, and maintain for three years records of sale, distribution, and the results of the inspections and tests conducted in accordance with these rules and shall make such records available upon request at all reasonable hours of any officer or employee of the Public Health Division, or any other employee acting on behalf of the Administrator, and shall permit such officer or employee to inspect and copy such records and to make such inventories of stock as he deems necessary and otherwise to check the correctness of such records.

(e) "Clacker balls". Toys usually known as "clacker balls" and consisting of two balls of plastic or other material connected by a length of line or cord or similar connector intended to be operated in a rhythmic manner by a upward and downward motion of the hand so that the balls will meet forcefully at the top and bottom of two semicircles, thus causing a "clacking" sound shall comply with the following conditions: "Clacker balls" shall have been designed, manufactured, assembled, labeled, and tested in accordance with the following requirements, and when tested at the point of production or while in interstate commerce or while held for sale after shipment in interstate commerce do not exceed the failure rate requirements as set out in Table 4:

(A) The toy shall be so designed and fabricated that:

(i) Each ball weighs less than 50 grams; will not shatter, crack, or chip; is free of cracks, flash (ridges due to imperfect moldings), totally enclosed internal voids (holes, cavities, or air bubbles), and crazing (tiny surface cracks); and is free of rough or sharp edges around any hole where the cord enters or over any surface with which the cord may make contact;

(ii) The cord is of high tensile strength, synthetic fibers that are braided or woven, having a breaking strength in excess of 100 pounds; is free of fraying or any other defect that might tend to reduce its strength in use; is not molded in balls made of casting resins which tend to wick or run up into the cord; and is affixed to a ball at the center of the horizontal plane of the ball when it is suspended by the cord;

(iii) When the cord is attached to the ball by means of a knot, the end beneath the knot is chemically fused or otherwise treated to prevent the knot from slipping out or untying in use.

(B) The toy shall be tested at the time of production:

(i) By using a sampling procedure described in Table 4 to determine the number of units to be tested;

(ii) By subjecting each ball tested to ten drops of a five-pound steel impact rod or weight (2-1/2 inches in diameter with a flat head) dropped 48 inches in a vented steel or aluminum tube (2-3/8 inches in diameter) when the ball is placed on a steel or cast iron mount. Any ball showing any chipping, cracking, or shattering shall be counted as a failure within the meaning of the third column in Table 4;

(iii) By inspecting each ball tested for smoothness of finish in any holes, on outer surfaces, and on any other portion with which the cord is intended to come into contact. A cotton swab shall be rubbed vigorously over each such surface or area; if any cotton fibers are removed, the ball shall be counted as a failure within the meaning of the fourth column of Table 4;

(iv) By fully assembling the toy and testing the cord in such a manner as to test both the strength of the cord and the adequacy with which the cord is attached to the ball and any holding device such as a tab or ring included in the assembly. The fully assembled article shall be vertically suspended by one ball and a 100-pound test applied to the bottom ball. Any breaking, fraying, or unraveling of the cord or any sign of slipping, loosening, or unfastening shall be counted as a failure within the meaning of the fourth column in Table 4;

(v) By additionally subjecting any ring or other holding device to a 50-pound test load applied to both cords. The holding device is to be securely fixed horizontally in a suitable clamp in such a manner as to support 50 percent of the area of such holding device and the balls are suspended freely. Any breaking, cracking, or crazing of the ring or other holding device shall be counted as a failure within the meaning of the fourth column in Table 4;

(vi) By cutting each ball tested in half and then cutting each half perpendicularly to the first cut into three or more pieces of approximately equal thickness. Each portion is to be inspected before and after cutting, and any ball showing any flash, crack, crazing, or internal voids on such inspection is to be counted as a failure within the meaning of the fourth column in Table 4. A transparent ball shall be subjected to the same requirements except that it may be visually inspected without cutting.

(C) The toy shall be fully assembled for use at the time of sale, including the proper attachments of balls, cords, knots, loops, or other holding devices;

(D) The toy shall be labeled:

(i) With a conspicuous statement of the name and address of the manufacturer, packer, distributor, or seller;

(ii) To bear on the toy itself and/or the package containing the toy and/or the shipping container, in addition to the invoice(s) and shipping document(s), a code or mark in a form and manner that will permit future identification of any given batch, lot, or shipment by the manufacturer;

(iii) To bear a conspicuous warning statement on the front panel of the retail and display carton and on any accompanying literature: That if cracks develop in a ball or if the cord becomes frayed or loose or unfastened, use of the toy should be discontinued; and if a ring or loop or other holding device is present, the statement, "In use, the ring or loop must be placed around the middle finger and the two cords positioned over the forefinger and held securely between the thumb and forefinger" or words to that effect which will provide adequate instructions and warnings to prevent the holding device from accidentally slipping out of the hand. Such statements shall be printed in sharply contrasting color within a borderline and in letters at least one-quarter inch high on the main panel of the container and at least 1-1/8 inch high on all accompanying literature.

(E) The manufacturer of the toy shall make, keep, and maintain for three years records of sale, distribution, and results of inspections and tests conducted in accordance with this subparagraph and shall make such records available upon request at all reasonable hours by any officer or employee of the Public Health Division, or any other employee acting on behalf of the Administrator; and shall permit such officer or employee to inspect and copy such records, and to make such inventories of stock as he deems necessary and otherwise to check the correctness of such records;

(F) The lot size, sample size, and failure rate for testing clacker balls are set out in Table 4;

(G) Applicability of the exemption provided by this subparagraph shall be determined through use of Table 4. A random sample of the number of articles as specified in the second column of the table shall be selected according to the number of articles in a particular batch, shipment, deliver, lot, or retail stock per the first column. A failure rate as shown in either the third or fourth column shall indicate that the entire batch, shipment, delivery, lot, or retail stock has failed and thus is not exempted under this subparagraph from classification as a banned hazardous substance.

(f) Packaging. Known herein as Requirement No. 27. This requirement is intended to minimize the possibility of asphyxiation hazards that might be caused by thin packaging plastic. Flexible plastic sheets used as packaging materials for shelf packages or used with toys shall be at least 0.00150 inch in nominal thickness but the actual thickness shall ever be less than 0.00125 inch, except for flexible film bags having a combined length and fully extended opening perimeter of less than 23 inches, or bags having an opening perimeter of less than 14 inches, measured after the perimeter has been stretched to its fullest extent. Shrink plastic of less than 0.00150 inch nominal thickness shall be exempt from this requirement, if it is in the form of an overwrap that would normally be destroyed when the package is opened by a consumer. Thickness shall be determined in accordance with Method C of American Society for Testing and Materials (ASTM) D 374-68, Standard Methods of Test for Thickness of Solid Electrical Insulation.

(5) Any toy or article intended for use by children which, even though labeled in accordance with these rules, reliable data on human experience shows the toy or article to be hazardous within the meaning of the Act.

(6) Any toy or article intended for use by children which does not satisfy any applicable requirement or test of these rules. All applicable requirements and tests shall be satisfied.

Or. Admin. Code § 333-016-0080

HD 40, f. 8-2-73, ef. 8-15-73; HD 89, f. 7-31-75, ef. 8-25-75

The Exhibit(s), Appendicies, Table(s) and Figures referenced in this rule are not printed in the OAR Compilation. Copies are available from theagency.

Publications: The publication(s) referred to or incorporated by reference in this rule are available from theagency.

Stat. Auth.: ORS 453.095

Stats. Implemented: ORS 453.005, 453.035 & 453.055