§ 2080. Limitations on jurisdiction of Consumer Product Safety Commission

Footnotes

1. 1 See References in Text note below.

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 § 31 · 86 Stat. 1207

   Enacted · 15 U.S.C. § 2080

   Pub. L. 92–573, § 31, Oct. 27, 1972, 86 Stat. 1232

   Source evidence

   Code source credit
   Pub. L. 92–573, § 31, Oct. 27, 1972, 86 Stat. 1232

   Enacted provision · exact public law section
   Sec. 31. limitation on jurisdiction The Commission shall have no authority under this Act to regulate any risk of injury associated with a consumer product if such risk could be eliminated or reduced to a sufficient extent by actions 29 USC 651 note. 42 USC 2011 note, 1857 note. taken under the Occupational Safety and Health Act of 1970; the Atomic Energy Act of 1954; or the Clean Air Act. The Commission shall have no authority under this Act to regulate any risk of injury associated with electronic product radiation emitted from an electronic product (as such terms are defined by sections 355 (1) and (2) of the Public Health Service Act) if such risk of injury may be subjected to 82 Stat. 1174. 42 USC 263c. 42 USC 263b. regulation under subpart 3 of part F of title HI of the Public Health Service Act.

2. 1981

   Pub. L. 97–35 title XII § 1206(b) · 95 Stat. 357

   1. Amended · 15 U.S.C. § 2080

      Pub. L. 97–35 designated existing provisions as subsec. (a)

   2. Added · 15 U.S.C. § 2080

      Pub. L. 97–35 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (b) Section 31 (15 U.S.C. 2080) is amended by inserting “(a)” after “Sec. 31.” and by adding at the end the following: “(b) (1) The Commission may not issue an advance notice of proposed rulemaking for— “(A) a consumer product safety rule, 15 USC 2076. “(B) a rule under section 27(e), or “(C) a regulation under section 2(q)(1) of the Federal Hazardous Substances Act, 15 USC 1261. relating to a risk of cancer, birth defects, or gene mutations from a consumer product unless a Chronic Hazard Advisory Panel, established under section 28, has, in accordance with paragraph (2), Ante, p. 716. submitted a report to the Commission with respect to whether a substance contained in such product is a carcinogen, mutagen, or teratogen. “(2) (A) Before the Commission issues an advance notice of proposed rulemaking for— “(i) a consumer product safety rule, “(ii) a rule under section 27(e), or “(iii) a regulation under section 2(q)(1) of the Federal Hazardous Substances Act, relating to a risk of cancer, birth defects, or gene mutations from a consumer product, the Commission shall request the Panel to review the scientific data and other relevant information relating to such risk to determine if any substance in the product is a carcinogen, mutagen, or a teratogen and to report its determination to the Commission. “(B) When the Commission appoints a Panel, the Panel shall convene within 30 days after the date the final appointment is made to the Panel. The Panel shall report its determination to the Commission not later than 120 days after the date the Panel is convened or, if the Panel requests additional time, within a time period specified by the Commission. If the determination reported to the Commission states that a substance in a product is a carcinogen, mutagen, or a teratogen, the Panel shall include in its report an estimate, if such an estimate is feasible, of the probable harm to human health that will result from exposure to the substance. “(C) A Panel appointed under section 28 shall terminate when it has submitted its report unless the Commission extends the existence of the Panel. “(D) The Federal Advisory Committee Act shall not apply with respect to any Panel established under this section. “(c) Each Panel’s report shall contain a complete statement of the basis for the Panel’s determination. The Commission shall consider the report of the Panel and incorporate such report into the advance notice of proposed rulemaking and final rule.”.

   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.

3. 1983

   Pub. L. 97–414 § 9(j)(5) · 96 Stat. 2049

   1. Struck · 15 U.S.C. § 2080(b)(1)

      Pub. L. 97–414 struck out introductory text “an advance notice of proposed rulemaking for” after “issue”

   2. Inserted · 15 U.S.C. § 2080(b)(1)

      Pub. L. 97–414 inserted in subpar. (A) “an advance notice of proposed rulemaking for” before “a consumer” and in subpar. (B) “a notice of proposed rulemaking for” before “a rule”

   3. Substituted · 15 U.S.C. § 2080(b)(1)

      Pub. L. 97–414 substituted in subpar. (C) “an advance notice of proposed rulemaking for regulations” for “a regulation”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 97–414 struck out introductory text “an advance notice of proposed rulemaking for” after “issue”, inserted in subpar. (A) “an advance notice of proposed rulemaking for” before “a consumer” and in subpar. (B) “a notice of proposed rulemaking for” before “a rule”, and substituted in subpar. (C) “an advance notice of proposed rulemaking for regulations” for “a regulation”.

   Enacted provision · exact public law section
   (5) Section 31(b)(1) of such Act (15 U.S.C. 2080(b)(1)) is amended by striking out “The Commission” and all that follows through “Substances Act,” and inserting in lieu thereof the following: “(b) (1) The Commission may not issue— “(A) an advance notice of proposed rulemaking for a consumer product safety rule, “(B) a notice of proposed rulemaking for a rule under section 27(e), or “(C) an advance notice of proposed rulemaking for regulations under section 2(q)(1) of the Federal Hazardous Substances Act,”. 15 USC 1261.

4. 2022

   Pub. L. 117–286 § 4(a)(67) · 136 Stat. 4196

   Substituted · 15 U.S.C. § 2080(b)(2)(D)

   Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act”.

   Enacted provision · exact public law section
   (67) Section 31(b)(2)(D) of the Consumer Product Safety Act (15 U.S.C. 2080(b)(2)(D)) is amended by striking “The Federal Advisory Committee Act” and inserting “Chapter 10 of title 5, United States Code,”.

7 of 7 references resolved to an enrolled provision