1. (1) Under the authority of ORS 453.005(7)(c) and pursuant to provisions of ORS 453.055(3), the Administrator has determined that the following types of articles intended for use by children present a mechanical hazard within the meaning of ORS 453.005(12) because in normal use or when subjected to reasonably foreseeable abuse, they present an unreasonable risk of personal injury by their design and such articles are therefore banned and shall be removed from commerce:

   1. (a) Pointed objects used or intended to be used as handles when contained in food items having particular appeal to children;

   2. (b) A pointed object shall mean an object made of wood, plastic, metal, or other rigid material, any end of which has been sharpened, molded, or otherwise shaped in such a way that:

      1. (A) If the longitudinal axis of the object is round and the tip is flat, the cross section of the tip or the end surface is less than 0.0123 square inches in area (approximately 1/8 of an inch in diameter), or if the tip is rounded, the radius of the arc of the rounded sphere at the tip is less than 1/16 of an inch; or
      2. (B) If the longitude axis is flat, or shaped other than round, the thickness of the cross section at the end is less than 1/16 of an inch and if the dimensions of the end are such that the surface area of the tip is less than 0.0123 square inches, or if such tip is rounded, the arc of this roundness is less than 1/16 inch in radius.

2. (2) The pointed objects defined in paragraphs (1)(b)(A) and (B) of this rule are illustrated in Figure 17.

   [ED. NOTE: Figures referenced are available from the agency.]

Statutory/Other Authority

ORS 453.095

Statutes/Other Implemented

ORS 453.005 & 453.055

History

HD 89, f. 7-31-75, ef. 8-25-75
HD 60, f. 5-16-74, ef. 6-11-74