CPSC Acts on Possible Toy Regulation Changes

NEWS from CPSC

U.S. Consumer Product Safety Commission

Office of Information and Public Affairs Washington, DC 20207
FOR IMMEDIATE RELEASE  
February 05, 1988  
Release # 88-005

CPSC ACTS ON POSSIBLE TOY REGULATION CHANGES

The Consumer Product Safety Commission today unanimously voted to issue an Advance Notice of Proposed Rulemaking (ANPR) on revision of its existing small parts regulation governing toys and other products intended for use by children under three.

The ANPR which is to be published within 90 days, will seek information on the merits of changing the dimensions of the test cylinder used to enforce the current standard. Today's decision is the latest in a series of Commission actions related to its small parts regulations.

At the same time the Commission decided to issue an ANPR, it also voted to deny a petition filed jointly by the Consumer Federation of America and the New York State Attorney General with regard to the specific dimensions presented.

In reaching its decision today, the Commission noted that at this time the CPSC does not have the data to support either the 1.68" diameter asked for in the petition or eliminate the present 1.25" requirement in the toy regulations.

The Commission also pointed out that in October 1987 the CPSC launched a choking hazards project designed to provide additional information on the nature of the problem, the types of toys involved and possible remedies.

The CPSC indicated its intention to disseminate news of the ANPR as widely as possible, including through interested organizations such as the New York State Attorney General's office.

By so doing, the Commission hopes to obtain additional technical information on potential revisions to the small parts regulation while at the same time advising as many potentially interested parties as possible as to its intentions.

STATEMENT OF TERRENCE SCANLON, CHAIRMAN

U.S. CONSUMER PRODUCT SAFETY COMMISSION- (CPSC)
UPGRADING' THE CPSC's SMALL PARTS REGULATION
BETHESDA, MARYLAND

February 3, 1988

Today's Commission decision to formally initiate consideration of changes in its toy testing regulations is both prudent and timely. Not only will publication of an Advance Notice of Proposed Rulemaking (ANPR) on small parts underscore the CPSC's determination to make its current requirements even more effective, but its issuance will complement the Commission project already underway to address choking hazards affecting infants and toddlers.

Currently, there are approximately 300-450 million toys being used by children under 3 in this country. Thanks in part to the existing CPSC regulations governing toys intended for use by such children, most play items currently on the market do not present a choking hazard. Moreover, a recent (1986) upgrade of the voluntary standard provisions for squeeze toys, rattles and teethers has addressed many of the specific instances cited in a 1983 CPSC study on choking hazards posed by toys that comply with our current small parts requirements. But the very fact that not all these cases were addressed, coupled with recent reminders that others could occur in the future, argues strongly for further action. The CPSC's choking hazards project, which began this fiscal year, will provide the necessary data on the nature of the hazard, the types of toys involved and the best way to prevent such incident from occurring. Issuance of an ANPR now augments that effort by soliciting additional technical information that might be helpful to our staff and by hastening the day when recommended revisions to the existing regulation could be implemented.

In addition to saving time, pursuing an ANPR during, instead of following, the Commission's choking hazards project has another distinct advantage: it lets affected parties know what they might expect in the future and encourages them to comment. Their input, in addition to the helpful information already provided by the New York State Attorney General's office and others, will be valuable to the Commission in reaching an ultimate decision on this matter. However, initiation of an ANPR should not be interpreted as an endorsement of any particular revision to the CPSC's existing small parts regulation. To the contrary, the Commission's simultaneous decision to deny Petition HP 87-2, which referenced a 1.68" diameter requirement and suggested elimination of a length requirement, should be viewed as an indication that, while the Commission is deeply concerned about potential small parts hazards, it has no basis for favoring any particular remedy at this time. Indeed, any decision on corrective measures must, and will, be based on the evidence and analysis that is in the process of being developed by the Commission's staff. Issuance of an ANPR is no more, and no less, than a useful and necessary complement to that process.

U.S. CONSUMER PRODUCT SAFETY COMMISSION STATEMENT ON THE PETITION TO AMMEND SMALL PARTS REGULATION

Since there have been several choking incidents which involved products with diameters greater than the current standard, I am voting in favor of an Advanced Notice of Proposed Rulemaking (ANPR) to start the rule making procedure to determine the adequacy of the existing standard. My decision to vote for an ANPR is based on my belief that an FXPR is an appropriate way to formally solicit public comment and information before going forward with any proposed rule under the Federal Hazardous Substances Act.

My decision to deny the petitioners' request to change the small pacts cylinder's diameter from 1.25 inches to at least 1.68 inches for toys intended for children under 3 years does not mean that I flatly reject those dimensions. Rather, I believe we should seek a comment from all experts on the correct dimensions of the tester.

A 1983 study by the Consumer Product Safety Commission indicates that between 1973 and 1983, 195 choking incidents, including 32 deaths, were caused by toys or children's products which meet the current standard. Toys and other products are in violation of the small parts regulation if they are small enough to fit the test cylinder and/or they have loose components which are small enough to fit into the cylinder. The false illusion that a product is safe is far more dangerous than knowing that the product is not safe.

The General Counsel should draft the ANPR to seek information on the merits of mending the small parts requirement to change the diameter of the test fixture. Further, the draft ANPR should be completed and presented to the Commission within the next 90 days.

Anne Graham, Commissioner
February 3, 1988