fered 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: CHOKING HAZARD Children under 8 yrs. can Keep uninflated balloons from children. Discard broken balloons at once. (B) BALLS.-In the case of balls, the following cautionary statement applies: (C) MARBLES.-In the case of marbles, the following cautionary statement applies: (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 may 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: " WARNING -CHOKING HAZARD (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). |