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15 U.S.C. § 2056e — Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 1 year after August 16, 2022, the Commission shall, in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries that shall only contain—
(1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and
(2) warning label requirements—
(A) to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries;
(B) to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and
(C) to be included, as practicable—
(i) directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or
(ii) in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it is impracticable to label the product, this information shall be placed on the packaging or instructions.
**(b) Requirements for warning labels** Warning labels required und
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Source file: Laws/federal/codes/united-states-code/title-15/section-2056e-consumer-product-safety-standard-for-button-cell-or-coin-batteries-and-c--2fa0a28e4e.md
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Source location: Title 15, Chapter 47, § 2056e; chapter-047-consumer-product-safety.md
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**(a) In general** Not later than 1 year after August 16, 2022, the Commission shall, in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries that shall only contain—
(1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and
(2) warning label requirements—
(A) to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries;
(B) to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and
(C) to be included, as practicable—
(i) directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or
(ii) in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it is impracticable to label the product, this information shall be placed on the packaging or instructions.
**(b) Requirements for warning labels** Warning labels required under subsection (a)(2) shall—
(1) clearly identify the hazard of ingestion; and
(2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice.
**(c) Treatment of standard for enforcement purposes** A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim).
**(d) Exception for reliance on voluntary standard**
(1) **Before promulgation of standard by Commission** — Subsection (a) shall not apply if the Commission determines, before the Commission promulgates a final consumer product safety standard under such subsection, that—
(A) with respect to any consumer product for which there is a voluntary consumer product safety standard that meets the requirements for a standard promulgated under subsection (a) with respect to such product; and
(B) the voluntary standard described in subparagraph (A)—
(i) is in effect at the time of the determination by the Commission; or
(ii) will be in effect not later than the date that is 180 days after August 16, 2022.
(2) **Determination required to be published in Federal Register** — Any determination made by the Commission under this subsection shall be published in the Federal Register.
**(e) Treatment of voluntary standard for enforcement purposes**
(1) **In general** — If the Commission makes a determination under subsection (d) with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim) beginning on the date described in paragraph (2).
(2) **Date described** — The date described in this paragraph is the later of—
(A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or
(B) the effective date contained in the voluntary standard described in paragraph (1).
**(f) Revision of voluntary standard**
(1) **Notice to Commission** — If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision.
(2) **Effective date of revision** — Beginning on the date that is 180 days after the Commission is notified of a revised voluntary standard described in paragraph (1) (or such later date as the Commission determines appropriate), such revised voluntary standard in whole or in part shall be considered to be a consumer product safety rule promulgated under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim), in place of the prior version, unless, within 90 days after receiving the notice, the Commission notifies the organization that the revised voluntary standard, in whole or in part, does not improve the safety of the consumer product covered by the standard and that the Commission is retaining all or part of the existing consumer product safety standard.
**(g) Future rulemaking** At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) to modify the requirements of the standard or revised standard. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Commencement of proceeding; publication of prescribed notice of proposed rulemaking; transmittal of notice** A proceeding for the development of a consumer product safety rule may be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall—
(1) identify the product and the nature of the risk of injury associated with the product;
(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards);
(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1);
(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk;
(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and
(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce;
(2) complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately;
(3) the public should be protected against unreasonable risks of injury associated with consumer products;
(4) control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers;
(5) existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and
(6) regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this chapter.
**(b)** The purposes of this chapter are—
(1) to protect the public against unreasonable risks of injury associated with consumer products;
(2) to assist consumers in evaluating the comparative safety of consumer products;
(3) to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and
(4) to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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Federal law — U.S. Code and appendices · legal_authorities
Page 1722
TITLE 15—COMMERCE AND TRADE
§ 2056e
this subsection shall be treated as a consumer
product safety rule promulgated under section
2058 of this title.
(7) Action required
(A) Education campaign
Not later than 1 year after December 27,
2020, the Commission shall undertake a cam-
paign to educate consumers about the dan-
gers associated with using or storing port-
able fuel containers for flammable liquids
near an open flame or any other source of ig-
nition.
(B) Summary of actions
Not later than 2 years after December 27,
2020, the Commission shall submit to Con-
gress a summary of actions taken by the
Commission in such campaign.
(8) Portable fuel container defined
In this section, the term ‘‘portable fuel con-
tainer’’ means any container or vessel (includ-
ing any spout, cap, and other closure mecha-
nism or component of such container or vessel
or any retrofit or aftermarket spout or compo-
nent intended or reasonably anticipated to be
for use with such container)—
(A) intended for flammable liquid fuels
with a flash point less than 140 degrees Fahr-
enheit, including gasoline, kerosene, diesel,
ethanol, methanol, denatured alcohol, or
biofuels;
(B) that is a consumer product with a ca-
pacity of 5 gallons or less; and
(C) that the manufacturer knows or rea-
sonably should know is used by consumers
for transporting, storing, and dispensing
flammable liquid fuels.
(9) Rule of construction
This section may not be interpreted to con-
flict with the Children’s Gasoline Burn Pre-
vention Act (Public Law 110–278; 122 Stat.
2602).
(c) Children’s Gasoline Burn Prevention Act
(1) Omitted
(2) Applicability
The amendment made by paragraph (1) shall
take effect 6 months after December 27, 2020.
(Pub. L. 116–260, div. FF, title IX, § 901, D
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2056e
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