Title 15 — Commerce and Trade
Chapter 47 — Consumer Product Safety
§ 2056. Consumer product safety standards
Statutory text
Types of requirements
The Commission may promulgate consumer product safety standards in accordance with the provisions of section 2058 of this title. A consumer product safety standard shall consist of one or more of any of the following types of requirements:
Requirements expressed in terms of performance requirements.
Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions.
Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product.
Reliance of Commission upon voluntary standards
The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards.
The Commission shall devise procedures to monitor compliance with any voluntary standards—
upon which the Commission has relied under paragraph (1);
which were developed with the participation of the Commission; or
whose development the Commission has monitored.
Contribution of Commission to development cost
If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3324(a) and (b) of title 31.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Consumer Product Safety Act
Pub. L. 92–573 § 7 · 86 Stat. 1207
Enacted · 15 U.S.C. § 2056
Pub. L. 92–573, § 7, Oct. 27, 1972, 86 Stat. 1212
Source evidence
Code source credit
Pub. L. 92–573, § 7, Oct. 27, 1972, 86 Stat. 1212Enacted provision · exact public law section
Sec. 7. consumer product safety standards (a) The Commission may by rule, in accordance with this section and section 9, promulgate consumer product safety standards. A consumer product safety standard shall consist of one or more of any of the following types of requirements: (1) Requirements as to performance, composition, contents, design, construction, finish, or packaging of a consumer product. (2) Requirements that a consumer product, be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. The requirements of such a standard (other than requirements relating to labeling, warnings, or instructions) shall, whenever feasible, be expressed in terms of performance requirements. (b) A proceeding for the development of a consumer product safety Notice, publication in Federal Register, standard under this Act shall be commenced by the publication in the Federal Register of a notice which shall— (1) identify the product and the nature of the risk of injury associated with the product; (2) state the Commission’s determination that a consumer product safety standard is necessary to eliminate or reduce the risk of injury; (3) include information with respect to any existing standard known to the Commission which may be relevant to the proceeding; and (4) include an invitation for any person, including any State or Federal agency (other than the Commission), within 30 days after the date of publication of the notice (A) to submit to the Commission an existing standard as the proposed consumer product safety standard or (B) to offer to develop the proposed consumer product safety standard. An invitation under paragraph (4) (B) shall specify a period of time, Development period. during which the standard is to be developed, which shall be a period ending 150 days after the publication of the notice, unless the Commission for good cause finds (and includes such finding in the notice) that a different period is appropriate. (c) If the Commission determines that (1) there exists a standard Proposed safety rules, publication. which has been issued or adopted by any Federal agency or by any other qualified agency, organization, or institution, and (2) such standard if promulgated under this Act, would eliminate or reduce the unreasonable risk of injury associated with the product, then it may, in lieu of accepting an offer pursuant to subsection (d) of this section, publish such standard as a proposed consumer product safety rule. (d) (1) Except as provided by subsection (c), the Commission shall Proposed standards, development offers. accept one, and may accept more than one, offer to develop a proposed consumer product safety standard pursuant to the invitation prescribed by subsection (b) (4) (B), if it determines that the offeror is technically competent, is likely to develop an appropriate standard within the period specified in the invitation under subsection (b), and will comply with regulations of the Commission under paragraph (3) of this subsection. The Commission shall publish in the Federal Register the Publication in Federal Register. name and address of each person whose offer it accepts, and a summary of the terms of such offer as accepted. (2) If an offer is accepted under this subsection, the Commission Cost, contribution. may agree to contribute to the offeror’s cost in developing a proposed consumer product safety standard, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be, developed without such contribution, and that the offeror is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. (3) The Commission shall prescribe regulations governing the development of proposed consumer product safety standards by persons whose offers are accepted under paragraph (1). Such regulations shall include requirements— (A) that standards recommended for promulgation be suitable for promulgation under this Act, be supported by test data or such other documents or materials as the Commission may reasonably require to be developed, and (where appropriate) contain suitable test methods for measurement of compliance with such standards; (B) for notice and opportunity by interested persons (including representatives of consumers and consumer organizations) to participate in the development of such standards; (C) for the maintenance of records, which shall be available to the public, to disclose the course of the development of standards recommended for promulgation, the comments and other information submitted by any person in connection with such development (including dissenting views and comments and information with respect, to the need for such recommended standards), and such other matters as may be relevant to the evaluation of such recommended standards; and (D) that the Commission and the Comptroller Genera] of the United States, or any of their duly authorized representatives, have access for the purpose of audit and examination to any books, documents, papers, and records relevant to the development of such recommended standards or to the expenditure of any contribution of the Commission for the development of such standards. (e) (1) If the Commission has published a notice of proceeding as provided by subsection (b) of this section and has not, within 30 days after the date of publication of such notice, accepted an offer to develop a proposed consumer product safety standard, the Commission may develop a proposed consumer product safety rule and publish such proposed rule. (2) If the Commission accepts an offer to develop a proposed consumer product safety standard, the Commission may not, during the development period (specified in paragraph (3)) for such standard— (A) publish a proposed rule applicable to the same risk of injury associated with such product, or (B) develop proposals for such standard or contract with third parties for such development, unless the Commission determines that no offeror whose offer was accepted is making satisfactory progress in the development of such standard. In any case in which the sole offeror whose offer is accepted under subsection (d)(1) of this section is the manufacturer, distributor, or retailer of a consumer product proposed to be regulated by the consumer product safety standard, the Commission may independently proceed to develop proposals for such standard during the development period. (3) For purposes of paragraph (2), the development period for any standard is a period (A) beginning on the date on which the Commission first accepts an offer under subsection (d) (1) for the development of a proposed standard, and (B) ending on the earlier of— (i) the end of the period specified in the notice of proceeding (except that the period specified in the notice may be extended Publication in Federal Register. if good cause is shown and the reasons for such extension are published in the. Federal Register), or (ii) the date, on which it determines (in accordance with such procedures as it may by rule prescribe) that no offeror whose offer was accepted is able and willing to continue satisfactorily the development of the proposed .standard which was the subject of the offer, or (iii) the date on which an offeror whose offer was accepted submits such a recommended standard to the Commission. (f) Not more than 210 days after its publication of a notice of proceeding Withdrawal notice or proposed rule, publication in Federal Register. pursuant to subsection (b) (which time may be extended by the Commission by a notice published in the Federal Register stating good cause therefor), the Commission shall publish in the Federal Register a notice withdrawing such notice of proceeding or publish a proposed rule which either proposes a product safety standard applicable to any consumer product subject to such notice, or proposes to declare any such subject product a banned hazardous consumer product.Consumer Product Safety Commission Improvements Act of 1976
Pub. L. 94–284 § 6 · 90 Stat. 503
Amended · 15 U.S.C. § 2056(a)
Pub. L. 94–284, § 6, designated existing provision as par. (1)
Redesignated · 15 U.S.C. § 2056(a)
Pub. L. 94–284, § 6, redesignated as subpars. (A) and (B) existing pars. (1) and (2)
Added · 15 U.S.C. § 2056(a)
Pub. L. 94–284, § 6, added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–284, § 6, designated existing provision as par. (1), redesignated as subpars. (A) and (B) existing pars. (1) and (2), and added par. (2).Enacted provision · exact public law section
Sec. 6. sampling plans Section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056 (a)) is amended by (1) inserting “(1)” immediately after “(a)”, (2) redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and (3) adding at the end the following new paragraph: “(2) No consumer product safety standard promulgated under this section shall require, incorporate, or reference any sampling plan. The preceding sentence shall not apply with respect to any consumer product, safety standard or other agency action of the Commission under this Act (A) applicable to a fabric, related material, or product which is subject to a flammability standard or for which a flammability standard or other regulation may be promulgated under the Flammable Fabrics Act, or (B) which is or may be applicable to glass containers.”. 15 USC 1191 note.Consumer Product Safety Commission Improvements Act of 1976
Pub. L. 94–284 § 7(a) · 90 Stat. 503
Substituted · 15 U.S.C. § 2056(b)
Pub. L. 94–284, § 7(a), substituted “date the offer is accepted” for “publication of notice” in provision following par. (4)(B)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–284, § 7(a), substituted “date the offer is accepted” for “publication of notice” in provision following par. (4)(B).Enacted provision · exact public law section
(a) The last sentence of section 7(b) of the Consumer Product Safety Act (15 U.S.C. 2056 (b)) is amended to read as follows: “An invitation under paragraph (4)(B) shall specify the period of time in which the offeror of an accepted offer is to develop the proposed standard. The period specified shall be a period ending 150 days after the date the offer is accepted unless the Commission for good cause finds (and includes such finding in the notice) that a different period is appropriate.”.Consumer Product Safety Commission Improvements Act of 1976
Pub. L. 94–284 § 8(a) · 90 Stat. 503
Inserted · 15 U.S.C. § 2056(d)(2)
Pub. L. 94–284, § 8(a), inserted provision which permits the Commission to advance public moneys without the need of authorized appropriations as required by section 529 of title 31
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 94–284, § 8(a), inserted provision which permits the Commission to advance public moneys without the need of authorized appropriations as required by section 529 of title 31.Enacted provision · exact public law section
(a) Section 7(d)(2) of the Consumer Product Safety Act (15 U.S.C. 2056(d)(2)) is amended by adding at the end thereof the following: “Payments under agreements entered into under this paragraph may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).”.Consumer Product Safety Commission Improvements Act of 1976
Pub. L. 94–284 § 7(b) · 90 Stat. 503
Changed · 15 U.S.C. § 2056(e)
Pub. L. 94–284, § 7(b), permitted the Commission to develop and publish a proposed consumer safety product rule if the development period as specified in par. (3) ends
Source evidence
Code amendment note
Subsec. (e). Pub. L. 94–284, § 7(b), permitted the Commission to develop and publish a proposed consumer safety product rule if the development period as specified in par. (3) ends.Enacted provision · exact public law section
(b) Section 7(e)(1) of such Act (15 U.S.C. 2056(e)(1)) is amended to read as follows: “(e) (1) If the Commission publishes a notice pursuant to subsection Notice. (b) to commence a proceeding for the development of a consumer product safety standard for a consumer product and if— “(A) the Commission does not, within 30 days after the date of publication of such notice, accept an offer to develop such a standard, or “(B) the development period (specified in paragraph (3)) for such standard ends, the Commission may develop a proposed consumer product safety rule respecting such product and publish such proposed rule.”.Consumer Product Safety Commission Improvements Act of 1976
Pub. L. 94–284 § 7(c) · 90 Stat. 503
Changed · 15 U.S.C. § 2056(f)
Pub. L. 94–284, § 7(c), provided that if within 60 days after publication of notice for a proceeding for the development of a consumer product safety standard (or longer if the Commission so prescribe), no offer is submitted or none is acceptable, the Commission terminate the proceeding or develop proposals of its own, which proposals be published as a rule within 150 days after the expiration of the 60 day period or the proceeding then terminated, and that if an offer is accepted within the 60 day period, then within 210 days after acceptance, the Commission must publish the proposal as a rule or terminate the proceeding
Source evidence
Code amendment note
Subsec. (f). Pub. L. 94–284, § 7(c), provided that if within 60 days after publication of notice for a proceeding for the development of a consumer product safety standard (or longer if the Commission so prescribe), no offer is submitted or none is acceptable, the Commission terminate the proceeding or develop proposals of its own, which proposals be published as a rule within 150 days after the expiration of the 60 day period or the proceeding then terminated, and that if an offer is accepted within the 60 day period, then within 210 days after acceptance, the Commission must publish the proposal as a rule or terminate the proceeding.Enacted provision · exact public law section
(c) Section 7(f) of such Act (15 U.S.C. 2056(f)) is amended to read as follows: “(f) If the Commission publishes a notice pursuant to subsection Publication in Federal Register. (b) to commence a proceeding for the development of a consumer product safety standard and if— “(1) no offer to develop such a standard is submitted to, or, if such an offer is submitted to the Commission, no such offer is accepted by, the Commission within a period of 60 days from the publication of such notice (or within such longer period as the Commission may prescribe by a notice published in the Federal Register stating good cause therefor), the Commission shall— “(A) by notice published in the Federal Register terminate the proceeding begun by the subsection (b) notice, or “(B) develop proposals for a consumer product safety rule fora consumer product identified in the subsection (b) notice and within a period of 150 days (or within such longer period as the Commission may prescribe by a notice published in the Federal Register stating good cause therefor) from the expiration of the 60-day (or longer) period— “(i) by notice published in the Federal Register terminate the proceeding begun by the subsection (b) notice, or “(ii) publish a proposed consumer product safety rule; or “(2) an offer to develop such a standard is submitted to and accepted by the Commission within the 60-day (or longer) period, then not later than 210 days (or such later time as the Commission may prescribe by notice published in the Federal Register stating good cause therefor) after the date of the acceptance of such offer the Commission shall take the action described in clause (i) or (ii) of paragraph (1)(B).”.Pub. L. 95–631 § 3 · 92 Stat. 3742
Redesignated · 15 U.S.C. § 2056(b)
Pub. L. 95–631, § 3, designated existing provision as par. (1), and in par. (1) as so redesignated
Redesignated · 15 U.S.C. § 2056(b)
Pub. L. 95–631, § 3, redesignated pars. (1) to (4) as subpars. (A) and (D), in subpar. (D) as so redesignated
Inserted · 15 U.S.C. § 2056(b)
Pub. L. 95–631, § 3, inserted provision including as a means of commencing a proceeding, a publication in the Federal Register of a statement that the Commission intends to develop the proposed consumer product safety standard
Added · 15 U.S.C. § 2056(b)
Pub. L. 95–631, § 3, added subpar. (E)
Struck · 15 U.S.C. § 2056(b)
Pub. L. 95–631, § 3, struck out provision that the period specified within which the offeror of an accepted offer develops the proposed standard be a period ending 150 days after the date the offer was accepted unless the Commission for good cause found, and included such finding in the notice that a different period was appropriate
Added · 15 U.S.C. § 2056(b)
Pub. L. 95–631, § 3, added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–631, § 3, designated existing provision as par. (1), and in par. (1) as so redesignated, redesignated pars. (1) to (4) as subpars. (A) and (D), in subpar. (D) as so redesignated, inserted provision including as a means of commencing a proceeding, a publication in the Federal Register of a statement that the Commission intends to develop the proposed consumer product safety standard, added subpar. (E), struck out provision that the period specified within which the offeror of an accepted offer develops the proposed standard be a period ending 150 days after the date the offer was accepted unless the Commission for good cause found, and included such finding in the notice that a different period was appropriate, and added par. (2).Enacted provision · exact public law section
Sec. 3. (a) Section 7(b) of the Consumer Product Safety Act (15 U.S.C. 2056(b)) is amended— (1) by inserting“(1)” after “(b)”; (2) by redesignating paragraph (1) through paragraph (4) as subparagraph (A) through subparagraph (D), respectively; (3) in subparagraph (C) as so redesignated in paragraph (2), by striking out “and” at the end thereof; and (4) by striking out subparagraph (D), as so redesignated in paragraph (2), and the two sentences following subparagraph (D), and inserting in lieu thereof the following: “(D) include— “(i) an invitation for any person (other than the Commission), within thirty days after the date of publication of the notice, to submit to the Commission an existing standard as the proposed consumer product safety standard; and “(ii) (I) an invitation for any person (other than the Commission), within thirty days after the date of publication of the notice, to offer to develop the proposed consumer product safety standard; or “(II) a statement that the Commission intends to develop the proposed consumer product safety standard; and “(E) specify the period of time in which the offeror of an accepted offer and the Commission, or the Commission acting by itself, is to develop the proposed standard.”. (b) Section 7(b) of the Consumer Product Safety Act, as amended in subsection (a) is further amended by adding at the end thereof the 15 USC 2056. following new paragraph: “(2) After consultation with such interested parties as the Commission Standards, consultation and publication. shall deem necessary, the Commission may develop a consumer product safety standard without making any invitation specified in paragraph (1)(D)(ii)(I) and may publish such standard as a proposed consumer product safety rule whenever the Commission determines, taking into account— “(i) the nature of the risk of injury associated with such product; “(ii) the expertise of the Commission with respect to such risk of injury, “(iii) the expertise of the Commission in developing consumer product safety standards, and “(iv) the resources available to the Commission and the priorities established by the Commission, that to develop a consumer product safety standard which would adequately protect the public from such risk of injury, it is more expeditious for the Commission to develop the standard than to proceed under paragraph (1)(D)(ii)(I) for its development. The Commission shall Comments. give interested persons opportunity to submit written comments to the Commission during the thirty-day period following publication of such determination under paragraph (1).”.Pub. L. 95–631 § 5 · 92 Stat. 3742
Amended · 15 U.S.C. § 2056(c)
Pub. L. 95–631, § 5, amended subsec. (c) generally
Inserted · 15 U.S.C. § 2056(c)
Pub. L. 95–631, § 5, inserting provisions relating to subsec. (b)(1)(D)
Struck · 15 U.S.C. § 2056(c)
Pub. L. 95–631, § 5, striking out provisions for publication of a proposed consumer product safety rule, in lieu of acceptance of an offer under subsec. (d), where a standard had been issued or adopted by any Federal agency or by any other qualified agency, organization, or institution and the standard if promulgated under the chapter would eliminate or reduce the unreasonable risk of injury associated with the product
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–631, § 5, amended subsec. (c) generally, inserting provisions relating to subsec. (b)(1)(D) and striking out provisions for publication of a proposed consumer product safety rule, in lieu of acceptance of an offer under subsec. (d), where a standard had been issued or adopted by any Federal agency or by any other qualified agency, organization, or institution and the standard if promulgated under the chapter would eliminate or reduce the unreasonable risk of injury associated with the product.Enacted provision · exact public law section
Sec. 5. Section 7(c) of the Consumer Product Safety Act (15 U.S.C. 2056(c)) is amended to read as follows: “(c) If the Commission determines— “(1) that any standard submitted to it pursuant to an invitation made under subsection (b)(1)(D)(i),or “(2) that any standard (other than one submitted under subsection (b)(1)(D)(i)) issued, adopted, or proposed by any Federal department or agency (other than the Commission) or by any other qualified agency, organization, or institution, if promulgated (in whole, in part, or in combination with any other standard described in paragraph (1) or (2) or any part of such a standard) as a consumer product safety rule, would eliminate or reduce an unreasonable risk of injury associated with a consumer product, the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. In the case of a standard described in paragraph (2), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule without making an invitation under subsection (b)(1)(D)(i).”.Pub. L. 95–631 § 4(a)(1) · 92 Stat. 3742
Inserted · 15 U.S.C. § 2056(d)(1)
Pub. L. 95–631, § 4(a)(1), inserted “subsection (b)(2) and by” after “as provided by”
Substituted · 15 U.S.C. § 2056(d)(1)
Pub. L. 95–631, § 4(a)(1), substituted references to subsec. (b)(1)(D)(ii)(I) for (b)(4)(B) of this section and subsec. (b)(1)(E) for (b) of this section
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 95–631, § 4(a)(1), inserted “subsection (b)(2) and by” after “as provided by” and substituted references to subsec. (b)(1)(D)(ii)(I) for (b)(4)(B) of this section and subsec. (b)(1)(E) for (b) of this section.Enacted provision · exact public law section
(1) Section 7(d)(1) of the Consumer Product Safety Act (15 U.S.C. 2056(d)(1)) is amended by inserting “subsection (b)(2) and by” after “as provided by”, by striking out “subsection (b)(4)(B)” and inserting in lieu thereof “subsection (b)(1)(D)(ii)(I)”, and by striking out “subsection (b)” and inserting in lieu thereof “subsection (b)(1)(E)”.Pub. L. 95–631 § 4(a)(2)(A) · 92 Stat. 3742
Inserted · 15 U.S.C. § 2056(d)(2)
Pub. L. 95–631, § 4(a)(2)(A)–(C), inserted in first sentence “or if any person participates with the Commission in the development of a consumer product safety standard under subsection (b)(2)(A) or subsection (e) of this section” after “under this subsection”, “or the person’s cost with respect to such participation” after “safety standards” and “or person” after “offeror”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 95–631, § 4(a)(2)(A)–(C), inserted in first sentence “or if any person participates with the Commission in the development of a consumer product safety standard under subsection (b)(2)(A) or subsection (e) of this section” after “under this subsection”, “or the person’s cost with respect to such participation” after “safety standards” and “or person” after “offeror”.Enacted provision · exact public law section
(A) by inserting “or if any person participates with the Commission in the development of a consumer product safety standard under subsection (b)(2)(A) or subsection (e),” after “under this subsection”;Pub. L. 95–631 § 4(a)(3) · 92 Stat. 3742
Added · 15 U.S.C. § 2056(d)(4)
Pub. L. 95–631, § 4(a)(3), added par. (4)
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 95–631, § 4(a)(3), added par. (4).Enacted provision · exact public law section
(3) Section 7(d) of the Consumer Product Safety Act (15 U.S.C. Regulations. 2056(d)) is amended by adding at the end thereof the following new paragraph: “(4) The Commission shall prescribe regulations governing the development of proposed consumer product safety rules by the Commission under subsection (b)(2) and subsection (e)(1). Such regulations shall include the requirements specified in subparagraphs (B), (C),and (D) of paragraph (3).”.Pub. L. 95–631 · 92 Stat. 3742
Amended · 15 U.S.C. § 2056(e)
Pub. L. 95–631, § (4)(b), amended provisions generally, and among other changes
Substituted · 15 U.S.C. § 2056(e)
Pub. L. 95–631, § (4)(b), substituted references to subsec. (b)(1)(D)(ii)(I) of this section for prior references to subsec. (b) of this section
Struck · 15 U.S.C. § 2056(e)
Pub. L. 95–631, § (4)(b), struck out par. (3) defining the development period, now covered in subsec. (b)(1)(E) of this section
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–631, § (4)(b), amended provisions generally, and among other changes, substituted references to subsec. (b)(1)(D)(ii)(I) of this section for prior references to subsec. (b) of this section, and struck out par. (3) defining the development period, now covered in subsec. (b)(1)(E) of this section.Pub. L. 95–631 § 4(c) · 92 Stat. 3742
Amended · 15 U.S.C. § 2056(f)
Pub. L. 95–631, § 4(c), amended provisions generally, and among other changes, reduced the period within which to publish a proposed consumer product safety standard to forty-five days from 150 days and required the publication in the Federal Register of the reasons for not publishing the proposed standard, including a statement indicative of the taking of other approaches such as a voluntary consumer safety standard adopted by persons to be subject to the proposed standard
Source evidence
Code amendment note
Subsec. (f). Pub. L. 95–631, § 4(c), amended provisions generally, and among other changes, reduced the period within which to publish a proposed consumer product safety standard to forty-five days from 150 days and required the publication in the Federal Register of the reasons for not publishing the proposed standard, including a statement indicative of the taking of other approaches such as a voluntary consumer safety standard adopted by persons to be subject to the proposed standard.Enacted provision · exact public law section
(c) Section 7(f) of the Consumer Product Safety Act (15 U.S.C. 2056(f)) is amended to read as follows: “(f) If the Commission publishes a notice pursuant to subsection (b) and the Commission does not publish a proposed consumer product safety standard within forty-five days after the expiration of the period specified in subsection (b)(1)(E), the Commission shall— “(1) by notice published in the Federal Register, terminate the proceeding begun by such notice published pursuant to subsection (b); or “(2) publish in the Federal Register the reasons for not publishing the proposed standard, and specify the time period within which either such standard will be published or the proceeding begun by such notice published pursuant to subsection (b) will be terminated without publication of such proposed standard. The reasons referred to in paragraph (2) may include a statement that the Commission is considering other approaches (such as a voluntary consumer safety standard adopted by persons who would be subject to such proposed standard) to eliminate the unreasonable risk of injury that is the subject of such proceeding.”.Pub. L. 97–35 title XII § 1202 · 95 Stat. 357
Amended · 15 U.S.C. § 2056(a)
Pub. L. 97–35 amended subsec. (a) generally, and in the requirements for consumer product safety standards
Struck · 15 U.S.C. § 2056(a)
Pub. L. 97–35 struck out reference to composition, contents, design, construction, finish, or packaging of consumer products
Struck · 15 U.S.C. § 2056(a)
Pub. L. 97–35 struck out provision that the requirements of the standards other than requirements relating to labeling, warnings, or instructions, shall, whenever, feasible, be expressed in terms of performance requirements
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–35 amended subsec. (a) generally, and in the requirements for consumer product safety standards, struck out reference to composition, contents, design, construction, finish, or packaging of consumer products, and struck out provision that the requirements of the standards other than requirements relating to labeling, warnings, or instructions, shall, whenever, feasible, be expressed in terms of performance requirements.Enacted provision · exact public law section
Sec. 1202. consumer product safety standards Section 7 is amended to read as follows: 15 USC 2056. “Sec. 7. “consumer product safety standards (a) The Commission may promulgate consumer product safety standards in accordance with the provisions of section 9. A Post, p. 704. consumer product safety standard shall consist of one or more of any of the following types of requirements: “(1) Requirements expressed in terms of performance requirements. “(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. “(b) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards. “(c) If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1202 · 95 Stat. 357
Amended · 15 U.S.C. § 2056(b)
Pub. L. 97–35 amended subsec. (b) generally
Substituted · 15 U.S.C. § 2056(b)
Pub. L. 97–35 substituting provisions relating to the reliance by the Commission upon voluntary standards for provisions prescribing procedure for development of consumer product safety standards
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–35 amended subsec. (b) generally, substituting provisions relating to the reliance by the Commission upon voluntary standards for provisions prescribing procedure for development of consumer product safety standards.Enacted provision · exact public law section
Sec. 1202. consumer product safety standards Section 7 is amended to read as follows: 15 USC 2056. “Sec. 7. “consumer product safety standards (a) The Commission may promulgate consumer product safety standards in accordance with the provisions of section 9. A Post, p. 704. consumer product safety standard shall consist of one or more of any of the following types of requirements: “(1) Requirements expressed in terms of performance requirements. “(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. “(b) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards. “(c) If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1202 · 95 Stat. 357
Amended · 15 U.S.C. § 2056(c)
Pub. L. 97–35 amended subsec. (c) generally
Substituted · 15 U.S.C. § 2056(c)
Pub. L. 97–35 substituting provisions relating to contribution by the Commission to the development cost of consumer safety standards for provisions relating to publication of proposed safety rules developed from existing standards
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–35 amended subsec. (c) generally, substituting provisions relating to contribution by the Commission to the development cost of consumer safety standards for provisions relating to publication of proposed safety rules developed from existing standards.Enacted provision · exact public law section
Sec. 1202. consumer product safety standards Section 7 is amended to read as follows: 15 USC 2056. “Sec. 7. “consumer product safety standards (a) The Commission may promulgate consumer product safety standards in accordance with the provisions of section 9. A Post, p. 704. consumer product safety standard shall consist of one or more of any of the following types of requirements: “(1) Requirements expressed in terms of performance requirements. “(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. “(b) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards. “(c) If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1202 · 95 Stat. 357
Struck · 15 U.S.C. § 2056(d)
Pub. L. 97–35 struck out subsec. (d) which related to the acceptance of offers to develop proposed standards and the Commission’s contribution to development costs
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–35 struck out subsec. (d) which related to the acceptance of offers to develop proposed standards and the Commission’s contribution to development costs.Enacted provision · exact public law section
Sec. 1202. consumer product safety standards Section 7 is amended to read as follows: 15 USC 2056. “Sec. 7. “consumer product safety standards (a) The Commission may promulgate consumer product safety standards in accordance with the provisions of section 9. A Post, p. 704. consumer product safety standard shall consist of one or more of any of the following types of requirements: “(1) Requirements expressed in terms of performance requirements. “(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. “(b) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards. “(c) If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1202 · 95 Stat. 357
Struck · 15 U.S.C. § 2056(e)
Pub. L. 97–35 struck out subsec. (e) which related to development of proposed safety rules by the Commission
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–35 struck out subsec. (e) which related to development of proposed safety rules by the Commission.Enacted provision · exact public law section
Sec. 1202. consumer product safety standards Section 7 is amended to read as follows: 15 USC 2056. “Sec. 7. “consumer product safety standards (a) The Commission may promulgate consumer product safety standards in accordance with the provisions of section 9. A Post, p. 704. consumer product safety standard shall consist of one or more of any of the following types of requirements: “(1) Requirements expressed in terms of performance requirements. “(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. “(b) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards. “(c) If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Pub. L. 97–35 title XII § 1202 · 95 Stat. 357
Struck · 15 U.S.C. § 2056(f)
Pub. L. 97–35 struck out subsec. (f) which provided for termination of rule-making proceedings and a statement relating to the reasons therefor
Source evidence
Code amendment note
Subsec. (f). Pub. L. 97–35 struck out subsec. (f) which provided for termination of rule-making proceedings and a statement relating to the reasons therefor.Enacted provision · exact public law section
Sec. 1202. consumer product safety standards Section 7 is amended to read as follows: 15 USC 2056. “Sec. 7. “consumer product safety standards (a) The Commission may promulgate consumer product safety standards in accordance with the provisions of section 9. A Post, p. 704. consumer product safety standard shall consist of one or more of any of the following types of requirements: “(1) Requirements expressed in terms of performance requirements. “(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. “(b) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards. “(c) If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).”.Effective date note
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.Consumer Product Safety Improvement Act of 1990
Pub. L. 101–608 title I § 107(a) · 104 Stat. 3110
Amended · 15 U.S.C. § 2056(b)
Pub. L. 101–608 designated existing provisions as par. (1)
Added · 15 U.S.C. § 2056(b)
Pub. L. 101–608 added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–608 designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(a) Consumer Product Safety Act.— Section 7(b) (15 U.S.C. 2056(b)) is amended— (1) by inserting “(1)” after “(b)”, and (2) by adding at the end the following: “(2) The Commission shall devise procedures to monitor compliance with any voluntary standards— “(A) upon which the Commission has relied under paragraph (1); “(B) which were developed with the participation of the Commission; or “(C) whose development the Commission has monitored.”.
34 of 37 references resolved to an enrolled provision · 3 partial
Editorial Notes
Codification
In subsec. (c), “section 3324(a) and (b) of title 31” substituted for “section 3648 of the Revised Statutes of the United States (31 U.S.C. 529)” on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Amendments1976–1990 · 4 rounds
1990
Subsec. (b). Pub. L. 101–608 designated existing provisions as par. (1) and added par. (2).
1981
Subsec. (a). Pub. L. 97–35 amended subsec. (a) generally, and in the requirements for consumer product safety standards, struck out reference to composition, contents, design, construction, finish, or packaging of consumer products, and struck out provision that the requirements of the standards other than requirements relating to labeling, warnings, or instructions, shall, whenever, feasible, be expressed in terms of performance requirements.
Subsec. (b). Pub. L. 97–35 amended subsec. (b) generally, substituting provisions relating to the reliance by the Commission upon voluntary standards for provisions prescribing procedure for development of consumer product safety standards.
Subsec. (c). Pub. L. 97–35 amended subsec. (c) generally, substituting provisions relating to contribution by the Commission to the development cost of consumer safety standards for provisions relating to publication of proposed safety rules developed from existing standards.
Subsec. (d). Pub. L. 97–35 struck out subsec. (d) which related to the acceptance of offers to develop proposed standards and the Commission’s contribution to development costs.
Subsec. (e). Pub. L. 97–35 struck out subsec. (e) which related to development of proposed safety rules by the Commission.
Subsec. (f). Pub. L. 97–35 struck out subsec. (f) which provided for termination of rule-making proceedings and a statement relating to the reasons therefor.
1978
Subsec. (b). Pub. L. 95–631, § 3, designated existing provision as par. (1), and in par. (1) as so redesignated, redesignated pars. (1) to (4) as subpars. (A) and (D), in subpar. (D) as so redesignated, inserted provision including as a means of commencing a proceeding, a publication in the Federal Register of a statement that the Commission intends to develop the proposed consumer product safety standard, added subpar. (E), struck out provision that the period specified within which the offeror of an accepted offer develops the proposed standard be a period ending 150 days after the date the offer was accepted unless the Commission for good cause found, and included such finding in the notice that a different period was appropriate, and added par. (2).
Subsec. (c). Pub. L. 95–631, § 5, amended subsec. (c) generally, inserting provisions relating to subsec. (b)(1)(D) and striking out provisions for publication of a proposed consumer product safety rule, in lieu of acceptance of an offer under subsec. (d), where a standard had been issued or adopted by any Federal agency or by any other qualified agency, organization, or institution and the standard if promulgated under the chapter would eliminate or reduce the unreasonable risk of injury associated with the product.
Subsec. (d)(1). Pub. L. 95–631, § 4(a)(1), inserted “subsection (b)(2) and by” after “as provided by” and substituted references to subsec. (b)(1)(D)(ii)(I) for (b)(4)(B) of this section and subsec. (b)(1)(E) for (b) of this section.
Subsec. (d)(2). Pub. L. 95–631, § 4(a)(2)(A)–(C), inserted in first sentence “or if any person participates with the Commission in the development of a consumer product safety standard under subsection (b)(2)(A) or subsection (e) of this section” after “under this subsection”, “or the person’s cost with respect to such participation” after “safety standards” and “or person” after “offeror”.
Subsec. (d)(4). Pub. L. 95–631, § 4(a)(3), added par. (4).
Subsec. (e). Pub. L. 95–631, § (4)(b), amended provisions generally, and among other changes, substituted references to subsec. (b)(1)(D)(ii)(I) of this section for prior references to subsec. (b) of this section, and struck out par. (3) defining the development period, now covered in subsec. (b)(1)(E) of this section.
Subsec. (f). Pub. L. 95–631, § 4(c), amended provisions generally, and among other changes, reduced the period within which to publish a proposed consumer product safety standard to forty-five days from 150 days and required the publication in the Federal Register of the reasons for not publishing the proposed standard, including a statement indicative of the taking of other approaches such as a voluntary consumer safety standard adopted by persons to be subject to the proposed standard.
1976
Subsec. (a). Pub. L. 94–284, § 6, designated existing provision as par. (1), redesignated as subpars. (A) and (B) existing pars. (1) and (2), and added par. (2).
Subsec. (b). Pub. L. 94–284, § 7(a), substituted “date the offer is accepted” for “publication of notice” in provision following par. (4)(B).
Subsec. (d)(2). Pub. L. 94–284, § 8(a), inserted provision which permits the Commission to advance public moneys without the need of authorized appropriations as required by section 529 of title 31.
Subsec. (e). Pub. L. 94–284, § 7(b), permitted the Commission to develop and publish a proposed consumer safety product rule if the development period as specified in par. (3) ends.
Subsec. (f). Pub. L. 94–284, § 7(c), provided that if within 60 days after publication of notice for a proceeding for the development of a consumer product safety standard (or longer if the Commission so prescribe), no offer is submitted or none is acceptable, the Commission terminate the proceeding or develop proposals of its own, which proposals be published as a rule within 150 days after the expiration of the 60 day period or the proceeding then terminated, and that if an offer is accepted within the 60 day period, then within 210 days after acceptance, the Commission must publish the proposal as a rule or terminate the proceeding.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after , see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.
Effective Date
Section effective on the sixtieth day following , see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.
Children’s Gasoline Burn Prevention
Pub. L. 110–278, , 122 Stat. 2602, as amended by Pub. L. 116–260, div. FF, title IX, § 901(c)(1), , 134 Stat. 3206, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Children’s Gasoline Burn Prevention Act’.
“SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.
“(a) Consumer Product Safety Rule.—
The provision of subsection (b) shall be considered to be a consumer product safety rule issued by the Consumer Product Safety Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).
“(b) Requirements.—
Effective 6 months after the date of enactment of this Act [], each portable gasoline container manufactured on or after that date for sale in the United States shall conform to the child-resistance requirements for closures on portable gasoline containers specified in the standard ASTM F2517-05, issued by ASTM International.
“(c) Definition.—
As used in this Act, the term ‘portable gasoline container’ means any portable gasoline container intended for use by consumers and any receptacle for gasoline, kerosene, or diesel fuel, including any spout, cap, and other closure mechanism and component of such receptacle or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such receptacle, produced or distributed for sale to or use by consumers for transport of, or refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel.
“(d) Revision of Rule.—
If, after the enactment of this Act, ASTM International proposes to revise the child resistance requirements of ASTM F2517-05, ASTM International shall notify the Consumer Product Safety Commission of the proposed revision and the proposed revision shall be incorporated in the consumer product safety rule under subsection (a) unless, within 60 days of such notice, the Commission notifies ASTM International that the Commission has determined that such revision does not carry out the purposes of subsection (b).
“(e) Implementing Regulations.—
Section 553 of title 5, United States Code, shall apply with respect to the issuance of any regulations by the Consumer Product Safety Commission to implement the requirements of this section, and sections 7 and 9 of the Consumer Product Safety Act [15 U.S.C. 2056, 2058] shall not apply to such issuance.
“(f) Report.—
Not later than 2 years after the date of enactment of this Act [], the Consumer Product Safety Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—
“(1) the degree of industry compliance with the standard promulgated under subsection (a);
“(2) any enforcement actions brought by the Commission to enforce such standard; and
“(3) incidents involving children interacting with portable gasoline containers (including both those that are and are not in compliance with the standard promulgated under subsection (a)).”
[Amendment by Pub. L. 116–260 effective 6 months after , see section 2056d(c)(2) of this title.]
Automatic Garage Door Openers
Pub. L. 101–608, title II, § 203, , 104 Stat. 3123, provided that:
“(a) Consumer Product Safety Rule.—
The provisions of subsection (b) shall be considered to be a consumer product safety rule issued by the Consumer Product Safety Commission under section 9 of the Consumer Product Safety Act [15 U.S.C. 2058].
“(b) Requirements.—
“(1) Effective on and after , each automatic residential garage door opener manufactured on or after that date for sale in the United States shall conform to the entrapment protection requirements of the American National Standards Institute Underwriters Laboratories, Inc. Standards for Safety—UL 325, third edition, as revised .
“(2) (A) Effective on and after , all residential automatic garage door openers manufactured on and after such date for sale in the United States shall conform to any additional entrapment protection requirements of the American National Standards Institute Underwriters Laboratories, Inc. Standards for Safety—UL 325, third edition, which were issued after the date of the enactment of this Act [] to become effective on or before .
“(B) If, by , the Underwriters Laboratories, Inc., has not issued a revision to the , Standards for Safety—UL 325, third edition, to require an entrapment protection feature or device in addition to that required by the , Standard, the Consumer Product Safety Commission shall begin a rulemaking proceeding, to be completed no later than , to require an additional such feature or device on all automatic residential garage door openers manufactured on or after , for sale in the United States. If such a revision is issued by the Underwriters Laboratories, Inc. after the rulemaking has commenced, the rulemaking shall be terminated and the revision shall be incorporated in the consumer product safety rule under subsection (a) unless the Commission has determined under subsection (c) that such revision does not carry out the purposes of subsection (b).
“(c) Revision of Rule.—
If, after , or the date of a revision described in subsection (b)(2)(B) if later, the Underwriters Laboratories, Inc. proposes to further revise the entrapment protection requirements of the American National Standards Institute Underwriters Laboratories, Inc. Standards for Safety—UL 325, third edition, the Laboratories shall notify the Consumer Product Safety Commission of the proposed revision and the proposed revision shall be incorporated in the consumer product safety rule under subsection (a) unless, within 30 days of such notice, the Commission notifies the Laboratories that the Commission has determined that such revision does not carry out the purposes of subsection (b).
“(d) Labeling.—
On and after , a manufacturer selling or offering for sale in the United States an automatic residential garage door opener manufactured on or after , shall clearly identify on any container of the system and on the system the month or week and year the system was manufactured and its conformance with the requirements of subsection (b). The display of the UL logo or listing mark, and compliance with the date marking requirements of UL 325, on both the container and the system, shall satisfy the requirements of this subsection.
“(e) Notification.—
Effective on and after , all manufacturers of automatic residential garage door openers shall, in consultation with the Consumer Product Safety Commission, notify the public of the potential for entrapment by garage doors equipped with automatic garage door openers and advise the public to test their openers for the entrapment protection feature or device required by subsection (b).
“(f) Preemption.—
In applying section 26(a) of the Consumer Product Safety Act (15 U.S.C. 2075) [15 U.S.C. 2075(a)] with respect to the consumer product safety rule of the Consumer Product Safety Commission under subsection (a), only those provisions of laws of States or political subdivisions which relate to the labeling of automatic residential garage door openers and those provisions which do not provide at least the equivalent degree of protection from the risk of injury associated with automatic residential garage door openers as the consumer product safety rule provides shall be subject to such section.
“(g) Regulations.—
Section 553 of title 5, United States Code, shall apply with respect to the issuance of any regulations by the Consumer Product Safety Commission to implement the requirements of this section and sections 7 and 9 of the Consumer Product Safety Act [15 U.S.C. 2056, 2058] do not apply to such issuance. Any additional or revised requirement issued by the Commission shall provide an adequate degree of protection to the public.
“(h) Construction.—
Nothing in this section shall affect or modify in any way the obligations or liabilities of any person under the common law or any Federal or State law.”
Credits
1972–1990 · 5 acts
- 1972Pub. L. 92–573, § 7, , 86 Stat. 1212
- 1976Pub. L. 94–284, §§ 6, 7, 8(a), , 90 Stat. 505, 506
- 1978Pub. L. 95–631, §§ 3, 4(a)–(c), 5, , 92 Stat. 3742–3744
- 1981Pub. L. 97–35, title XII, § 1202, , 95 Stat. 703
- 1990Pub. L. 101–608, title I, § 107(a), , 104 Stat. 3111.
Show as published
(Pub. L. 92–573, § 7, , 86 Stat. 1212; Pub. L. 94–284, §§ 6, 7, 8(a), , 90 Stat. 505, 506; Pub. L. 95–631, §§ 3, 4(a)–(c), 5, , 92 Stat. 3742–3744; Pub. L. 97–35, title XII, § 1202, , 95 Stat. 703; Pub. L. 101–608, title I, § 107(a), , 104 Stat. 3111.)