§ 2075. State standards

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.

1. 1972

   Consumer Product Safety Act

   Pub. L. 92–573 § 26 · 86 Stat. 1207

   Enacted · 15 U.S.C. § 2075

   Pub. L. 92–573, § 26, Oct. 27, 1972, 86 Stat. 1227

   Source evidence

   Code source credit
   Pub. L. 92–573, § 26, Oct. 27, 1972, 86 Stat. 1227

   Enacted provision · exact public law section
   Sec. 26. effect on state standards (a) Whenever a consumer product safety standard under State compliance to Federal standards. this Act is in effect and applies to a risk of injury associated with a consumer product, no State or political subdivision of a State shall have any authority either to establish or to continue in effect any provision of a safety standard or regulation which prescribes any requirements as to the performance, composition, contents, design, finish, construction, packaging, or labeling of such product which are designed to deal with the same risk of injury associated with such consumer product, unless such requirements are identical to the requirements of the Federal standard. (b) Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to a consumer product for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard. (c) Upon application of a State or political subdivision thereof, Exemptions. the Commission may by rule, after notice and opportunity for oral presentation of views, exempt from the provisions of subsection (a) (under such conditions as it may impose) a proposed safety standard or regulation described in such application, where the proposed standard or regulation (1) imposes a higher level of performance than the Federal standard. (2) is required by compelling local conditions, and (3) does not unduly burden interstate commerce.

2. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 17(d) · 90 Stat. 503

   Substituted · 15 U.S.C. § 2075(b)

   Pub. L. 94–284 substituted provision that a standard provide a significantly higher degree of protection from the risk of injury for the provision that the standard impose a higher level of performance

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–284 substituted provision that a standard provide a significantly higher degree of protection from the risk of injury for the provision that the standard impose a higher level of performance.

   Enacted provision · exact public law section
   (d) Subsections (b) and (c) of section 26 of the Consumer Product Safety Act (15 U.S.C. 2075) are amended to read as follows: “(b) Subsection (a) of this section does not prevent the Federal Government or the government of any State or political subdivision of a State from establishing or continuing in effect a safety requirement applicable to a consumer product for its own use which requirement is designed to protect against a risk of injury associated with the product and which is not identical to the consumer product safety standard applicable to the product under this Act if the Federal, State, or political subdivision requirement provides a higher degree of protection from such risk of injury than the standard applicable under this Act. “(c) Upon application of a State or political subdivision of a State, the Commission may by rule, after notice and opportunity for oral presentation of views, exempt from the provisions of subsection (a) (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a consumer product subject to a consumer product safety standard under this Act if the State or political subdivision standard or regulation— “(1) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard under this Act, and “(2) does not unduly burden interstate, commerce. In determining the burden, if any of a State or political subdivision standard or regulation on interstate commerce, the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or regulation, the cost of complying with such standard or regulation, the geographic distribution of the consumer product to which the standard or regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or regulation, and the, need for a national, uniform standard under this Act for such consumer product.”.

3. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 17(d) · 90 Stat. 503

   1. Substituted · 15 U.S.C. § 2075(c)

      Pub. L. 94–284 substituted requirement that a State standard provide a significantly higher degree of protection from the risk of injury than the standard under this chapter for the requirement that the State standard impose a higher level of performance, eliminated the requirement of a compelling local condition

   2. Inserted · 15 U.S.C. § 2075(c)

      Pub. L. 94–284 inserted the requirement that the Commission make specific findings in determining the burden on interstate commerce

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–284 substituted requirement that a State standard provide a significantly higher degree of protection from the risk of injury than the standard under this chapter for the requirement that the State standard impose a higher level of performance, eliminated the requirement of a compelling local condition, and inserted the requirement that the Commission make specific findings in determining the burden on interstate commerce.

   Enacted provision · exact public law section
   (d) Subsections (b) and (c) of section 26 of the Consumer Product Safety Act (15 U.S.C. 2075) are amended to read as follows: “(b) Subsection (a) of this section does not prevent the Federal Government or the government of any State or political subdivision of a State from establishing or continuing in effect a safety requirement applicable to a consumer product for its own use which requirement is designed to protect against a risk of injury associated with the product and which is not identical to the consumer product safety standard applicable to the product under this Act if the Federal, State, or political subdivision requirement provides a higher degree of protection from such risk of injury than the standard applicable under this Act. “(c) Upon application of a State or political subdivision of a State, the Commission may by rule, after notice and opportunity for oral presentation of views, exempt from the provisions of subsection (a) (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a consumer product subject to a consumer product safety standard under this Act if the State or political subdivision standard or regulation— “(1) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard under this Act, and “(2) does not unduly burden interstate, commerce. In determining the burden, if any of a State or political subdivision standard or regulation on interstate commerce, the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or regulation, the cost of complying with such standard or regulation, the geographic distribution of the consumer product to which the standard or regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or regulation, and the, need for a national, uniform standard under this Act for such consumer product.”.

4 of 4 references resolved to an enrolled provision