(a) No toy or other children's article subject to § 1500.18(a)(9) and to this part 1501 shall be small enough to fit entirely within a cylinder with the dimensions shown in Figure 1, when tested in accordance with the procedure in paragraph (b) of this section. In testing to ensure compliance with this regulation, the dimensions of the Commission's test cylinder will be no greater than those shown in Figure 1. (In addition, for compliance purposes, the English dimensions shall be used. The metric approximations are included only for convenience.)
(b)(1) Place the article, without compressing it, into the cylinder. If the article fits entirely within the cylinder, in any orientation, it fails to comply with the test procedure. (Test any detached components of the article the same way.)
(2) If the article does not fit entirely within the cylinder, subject it to the appropriate “use and abuse” tests of 16 CFR 1500.51 and 1500.52 (excluding the bite tests of §§ 1500.51(c) and 1500.52(c)). Any components or pieces (excluding paper, fabric, yarn, fuzz, elastic, and string) which have become detached from the article as a result of the use and abuse testing shall be placed into the cylinder, one at a time. If any such components or pieces fit entirely within the cylinder, in any orientation and without being compressed, the article fails to comply with the test procedure.
Notes of Decisions
Zen Magnets, LLC v. Consum. Prod. Saf. Comm'n, 841 F.3d 1141 (10th Cir. 2016).
· cites it 4× “that fits completely within the cylinder described in 16 CFR 1501.4 must have a flux index of 50 kG2 mm2 or less when tested in accordance with the method described in § 1240.”
High Star Toys, Inc. v. United States, 32 Fed. Cl. 176 (Fed. Cl. 1994).
· cites it 2× “The test criteria defined in the regulation, 16 C.F.R. § 1501.4 (a), provides no toy or other children’s article “shall be small enough to fit entirely within a cylinder with the dimensions” that are set out in a figure in the regulation.”
Toy Mfrs. of Am., Inc. v. Blumenthal, 986 F.2d 615 (2d Cir. 1992).
“, as published in the Federal Register of January 1, 1991, and as from time to time amended, or the commissioner of consumer, protection pursuant to chapter 420d, which would be classified as a banned hazardous substance under 16 CFR Part 1501.4(b)(1) of said Federal Register…”
Toy Mfrs. Of Am., Inc. v. Blumenthal, 986 F.2d 615 (2d Cir. 1993).
“, as published in the Federal Register of January 1, 1991, and as from time to time amended, or the commissioner of consumer protection pursuant to chapter 420d, which would be classified as a banned hazardous substance under 16 CFR Part 1501.4(b)(1) of said Federal Register and…”
Metzgar v. Playskool, Inc., 30 F.3d 459 (3rd Cir. 1994).
“” The size and shape of the block satisfied existing federal standards and regulations for risk mitigation and cautionary labeling promulgated and enforced by the Consumer Products Safety Commission, 16 C.F.R. § 1501.4 , under the Federal Hazardous Substances Act, 15 U.”
— 16 C.F.R. § 1501.4(b)(1) — 2 cases
Toy Mfrs. of Am., Inc. v. Blumenthal, 986 F.2d 615 (2d Cir. 1992).
“, as published in the Federal Register of January 1, 1991, and as from time to time amended, or the commissioner of consumer, protection pursuant to chapter 420d, which would be classified as a banned hazardous substance under 16 CFR Part 1501.4(b)(1) of said Federal Register…”
Toy Mfrs. Of Am., Inc. v. Blumenthal, 986 F.2d 615 (2d Cir. 1993).
“, as published in the Federal Register of January 1, 1991, and as from time to time amended, or the commissioner of consumer protection pursuant to chapter 420d, which would be classified as a banned hazardous substance under 16 CFR Part 1501.4(b)(1) of said Federal Register and…”
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