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15 U.S.C. § 2082 — Interim cellulose insulation safety standard
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of specification of General Services Administration; authority and effect of interim standard; modifications; criteria; labeling requirements**
(1) Subject to the provisions of paragraph (2), on and after the last day of the 60-day period beginning on July 11, 1978, the requirements for flame resistance and corrosiveness set forth in the General Services Administration’s specification for cellulose insulation, HH–I–515C (as such specification was in effect on February 1, 1978), shall be deemed to be an interim consumer product safety standard which shall have all the authority and effect of any other consumer product safety standard promulgated by the Commission under this chapter. During the 45-day period beginning on July 11, 1978, the Commission may make, and shall publish in the Federal Register, such technical, nonsubstantive changes in such requirements as it deems appropriate to make such requirements suitable for promulgation as a consumer product safety standard. At the end of the 60-day period specified in the first sentence of this paragraph, the Commission shall publish in the Federal Register such interim consumer product safety standard, as altered by the Commission under this paragraph.
(2) The interim consumer product safety standard established in paragraph (1) shall provide that any cellulose insulation which is produced or distributed for sale or use as a consumer product shall have a flame spread rating of 0 to 25, as such rating is set forth in the General Services Administration’s specification for cellulose insulation, HH–I–515C.
(3) During the period for which the interim consumer product safety standard established in subsection (a) is in effect, in addition to complying with any labeling requirement established by the Com
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Source file: Laws/federal/codes/united-states-code/title-15/section-2082-interim-cellulose-insulation-safety-standard--18e082b3ab.md
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Source location: Title 15, Chapter 47, § 2082; chapter-047-consumer-product-safety.md
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**(a) Applicability of specification of General Services Administration; authority and effect of interim standard; modifications; criteria; labeling requirements**
(1) Subject to the provisions of paragraph (2), on and after the last day of the 60-day period beginning on July 11, 1978, the requirements for flame resistance and corrosiveness set forth in the General Services Administration’s specification for cellulose insulation, HH–I–515C (as such specification was in effect on February 1, 1978), shall be deemed to be an interim consumer product safety standard which shall have all the authority and effect of any other consumer product safety standard promulgated by the Commission under this chapter. During the 45-day period beginning on July 11, 1978, the Commission may make, and shall publish in the Federal Register, such technical, nonsubstantive changes in such requirements as it deems appropriate to make such requirements suitable for promulgation as a consumer product safety standard. At the end of the 60-day period specified in the first sentence of this paragraph, the Commission shall publish in the Federal Register such interim consumer product safety standard, as altered by the Commission under this paragraph.
(2) The interim consumer product safety standard established in paragraph (1) shall provide that any cellulose insulation which is produced or distributed for sale or use as a consumer product shall have a flame spread rating of 0 to 25, as such rating is set forth in the General Services Administration’s specification for cellulose insulation, HH–I–515C.
(3) During the period for which the interim consumer product safety standard established in subsection (a) is in effect, in addition to complying with any labeling requirement established by the Commission under this chapter, each manufacturer or private labeler of cellulose insulation shall include the following statement on any container of such cellulose insulation: “ATTENTION: This material meets the applicable minimum Federal flammability standard. This standard is based upon laboratory tests only, which do not represent actual conditions which may occur in the home”. Such statement shall be located in a conspicuous place on such container and shall appear in conspicuous and legible type in contrast by typography, layout, and color with other printed matter on such container.
**(b) Scope of judicial review** Judicial review of the interim consumer product safety standard established in subsection (a), as such standard is in effect on and after the last day of the 60-day period specified in such subsection, shall be limited solely to the issue of whether any changes made by the Commission under paragraph (1) are technical, nonsubstantive changes. For purposes of such review, any change made by the Commission under paragraph (1) which requires that any test to determine the flame spread rating of cellulose insulation shall include a correction for variations in test results caused by equipment used in the test shall be considered a technical, nonsubstantive change.
**(c) Enforcement; violations; promulgation of final standard; procedures applicable to promulgation; revision of interim standard; procedures applicable to revision**
(1)
(A) Any interim consumer product safety standard established pursuant to this section shall be enforced in the same manner as any other consumer product safety standard until such time as there is in effect a final consumer product safety standard promulgated by the Commission, as provided in subparagraph (B), or until such time as it is revoked by the Commission under [section 2058(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058/e&num=0&edition=prelim). A violation of the interim consumer product safety standard shall be deemed to be a violation of a consumer product safety standard promulgated by the Commission under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim).
(B) If the Commission determines that the interim consumer product safety standard does not adequately protect the public from the unreasonable risk of injury associated with flammable or corrosive cellulose insulation, it shall promulgate a final consumer product safety standard to protect against such risk. Such final standard shall be promulgated pursuant to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. The provisions of section 2058(b), (c), and (d) of this title shall apply to any proceeding to promulgate such final standard. In any judicial review of such final standard under [section 2060 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2060&num=0&edition=prelim), the court shall not require any demonstration that each particular finding made by the Commission under [section 2058(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058/c&num=0&edition=prelim) is supported by substantial evidence. The court shall affirm the action of the Commission unless the court determines that such action is not supported by substantial evidence on the record taken as a whole.
(2)
(A) Until there is in effect such a final consumer product safety standard, the Commission shall incorporate into the interim consumer product safety standard, in accordance with the provisions of this paragraph, each revision superseding the requirements for flame resistance and corrosiveness referred to in subsection (a) and promulgated by the General Services Administration.
(B) At least 45 days before any revision superseding such requirements is to become effective, the Administrator of the General Services Administration shall notify the Commission of such revision. In the case of any such revision which becomes effective during the period beginning on February 1, 1978, and ending on July 11, 1978, such notice from the Administrator of the General Services Administration shall be deemed to have been made on July 11, 1978.
(C)
(i) No later than 45 days after receiving any notice under subparagraph (B), the Commission shall publish the revision, including such changes in the revision as it considers appropriate to make the revision suitable for promulgation as an amendment to the interim consumer product safety standard, in the Federal Register as a proposed amendment to the interim consumer product safety standard.
(ii) The Commission may extend the 45-day period specified in clause (i) for an additional period of not more than 150 days if the Commission determines that such extension is necessary to study the technical and scientific basis for the revision involved, or to study the safety and economic consequences of such revision.
(D)
(i) Additional extensions of the 45-day period specified in subparagraph (C)(i) may be taken by the Commission if—
(I) the Commission makes the determination required in subparagraph (C)(ii) with respect to each such extension; and
(II) in the case of further extensions proposed by the Commission after an initial extension under this clause, such further extensions have not been disapproved under clause (iv).
(ii) Any extension made by the Commission under this subparagraph shall be for a period of not more than 45 days.
(iii) Prior notice of each extension made by the Commission under this subparagraph, together with a statement of the reasons for such extension and an estimate of the length of time required by the Commission to complete its action upon the revision involved, shall be published in the Federal Register and shall be submitted to the appropriate Congressional committees.
(iv) In any case in which the Commission takes an initial 45-day extension under clause (i), the Commission may not take any further extensions under clause (i) if each committee referred to in clause (iii) disapproves by committee resolution any such further extensions before the end of the 15-day period following notice of such initial extension made by the Commission in accordance with clause (iii).
(E) The Commission shall give interested persons an opportunity to comment upon any proposed amendment to the interim consumer product safety standard during the 30-day period following any publication by the Commission under subparagraph (C).
(F) No later than 90 days after the end of the period specified in subparagraph (E), the Commission shall promulgate the amendment to the interim consumer product safety standard unless the Commission determines, after consultation with the Secretary of Energy, that—
(i) such amendment is not necessary for the protection of consumers from the unreasonable risk of injury associated with flammable or corrosive cellulose insulation; or
(ii) implementation of such amendment will create an undue burden upon persons who are subject to the interim consumer product safety standard.
(G) The provisions of [section 2060 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2060&num=0&edition=prelim) shall not apply to any judicial review of any amendment to the interim product safety standard promulgated under this paragraph.
**(d) Reporting requirements of other Federal departments, agencies, etc., of violations** Any Federal department, agency, or instrumentality, or any Federal independent regulatory agency, which obtains information which reasonably indicates that cellulose insulation is being manufactured or distributed in violation of this chapter shall immediately inform the Commission of such information.
**(e) Reporting requirements of Commission to Congressional committees; contents, time of submission, etc.**
(1) The Commission, no later than 45 days after July 11, 1978, shall submit a report to the appropriate Congressional committees which shall contain a detailed statement of the manner in which the Commission intends to carry out the enforcement of this section.
(2)
(A) The Commission, no later than 6 months after the date upon which the report required in paragraph (1) is due (and no later than the end of each 6-month period thereafter), shall submit a report to each committee referred to in paragraph (1) which shall describe the enforcement activities of the Commission with respect to this section during the most recent 6-month period.
(B) The first report which the Commission submits under subparagraph (A) shall include the results of tests of cellulose insulation manufactured by at least 25 manufacturers which the Commission shall conduct to determine whether such cellulose insulation complies with the interim consumer product safety standard. The second such report shall include the results of such tests with respect to 50 manufacturers who were not included in testing conducted by the Commission for inclusion in the first report.
**(f) Compliance with certification requirements; implementation; waiver; rules and regulations**
(1) The Commission shall have the authority to require that any person required to comply with the certification requirements of [section 2063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2063&num=0&edition=prelim) with respect to the manufacture of cellulose insulation shall provide for the performance of any test or testing program required for such certification through the use of an independent third party qualified to perform such test or testing program. The Commission may impose such requirement whether or not the Commission has established a testing program for cellulose insulation under [section 2063(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2063/b&num=0&edition=prelim).
(2) The Commission, upon petition by a manufacturer, may waive the requirements of paragraph (1) with respect to such manufacturer if the Commission determines that the use of an independent third party is not necessary in order for such manufacturer to comply with the certification requirements of [section 2063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2063&num=0&edition=prelim).
(3) The Commission may prescribe such rules as it considers necessary to carry out the provisions of this subsection.
**(g) Authorization of appropriations** There are authorized to be appropriated, for each of the fiscal years 1978, 1979, 1980, and 1981, such sums as may be necessary to carry out the provisions of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petition by persons adversely affected, consumers, or consumer organizations** Not later than 60 days after a consumer product safety rule is promulgated by the Commission, any person adversely affected by such rule, or any consumer or consumer organization, may file a petition with the United States court of appeals for the District of Columbia, or for the circuit in which such person, consumer, or organization resides or has his principal place of business for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). For purposes of this section, the term “record” means such consumer product safety rule; any notice or proposal published pursuant to section 2056, 2057, or 2058 of this title; the transcript required by [section 2058(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058/d/2&num=0&edition=prelim) of any oral presentation; any written submission of interested parties; and any other information which the Commission considers relevant to such rule.
**(b) Additional data, views, or arguments** If the petitioner applies to the court for leave to adduce additional data, views, or arguments and shows to the satisfaction of the court that such additional data, views, or arguments are material and that there were reasonable grounds for the petitioner’s failure to adduce such data, views, or arguments in the proceeding be
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2060
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation** It shall be unlawful for any person to—
(1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this chapter, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission;
(2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is—
(B) 11 So in original. No subpar. (A) has been enacted. subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public or if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action;
(C) subject to an order issued under section 2061 or 2064 of this title; or
(D) a banned hazardous substance within the meaning of [section 1261(q)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/q/1&num=0&edition=prelim);
(3) fail or refuse to permit access to or copying of records, or fail or refuse to establish or maintain records, or fail or refuse to make reports or provide information, or fail or refuse to permit entry or inspection, as required under this chapter or rule thereunder;
(4) fail to furnish information required by [section 2064(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/b&num=0&edition=prelim);
(5) fail to comply with an order issued under section 2064(c) or (d) of this
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification accompanying product; products with more than one manufacturer**
(1) **General conformity certification.—** — Except as provided in paragraphs (2) and (3), every manufacturer of a product which is subject to a consumer product safety rule under this chapter or similar rule, ban, standard, or regulation under any other Act enforced by the Commission and which is imported for consumption or warehousing or distributed in commerce (and the private labeler of such product if such product bears a private label) shall issue a certificate which—
(A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this chapter or any other Act enforced by the Commission; and
(B) shall specify each such rule, ban, standard, or regulation applicable to the product.
(2) **Third party testing requirement.—** — Effective on the dates provided in paragraph (3), before importing for consumption or warehousing or distributing in commerce any children’s product that is subject to a children’s product safety rule, every manufacturer of such children’s product (and the private labeler of such children’s product if such children’s product bears a private label) shall—
(A) submit sufficient samples of the children’s product, or samples that are identical in all material respects to the product, to a third party conformity assessment body accredited under paragraph (3) to be tested for compliance with such children’s product safety rule; and
(B) based on such testing, issue a certificate that certifies that such children’s product complies with the children’s product safety rule based on the assessment of a third party conformity asse
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2058
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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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2051
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Federal law — U.S. Code and appendices · legal_authorities
Page 1767
TITLE 15—COMMERCE AND TRADE
§ 2082
accumulated or accrued leave, severance pay, and any
other expenses related to a reduction in force in the
Commission.
1978—Subsec. (a)(5) to (7). Pub. L. 95–631 added pars.
(5) to (7).
1976—Subsec. (a). Pub. L. 94–284, § 2, substituted
‘‘$51,000,000 for the fiscal year ending June 30, 1976,
$14,000,000 for the period beginning July 1, 1976, and end-
ing September 30, 1976, $60,000,000 for the fiscal year
ending September 30, 1977, and $68,000,000 for the fiscal
year ending September 30, 1978’’ for ‘‘$55,000,000 for the
fiscal year ending June 30, 1973, $59,000,000 for the fiscal
year ending June 30, 1974, and $64,000,000 for the fiscal
year ending June 30, 1975’’.
Subsec. (c). Pub. L. 94–284, § 5(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective Aug. 13, 1981,
see section 1215 of Pub. L. 97–35, set out as a note under
section 2052 of this title.
EFFECTIVE DATE
Section effective Oct. 27, 1972, see section 34(1) of Pub.
L. 92–573, set out as a note under section 2051 of this
title.
§ 2082. Interim cellulose insulation safety stand-
ard
(a) Applicability of specification of General Serv-
ices Administration; authority and effect of
interim standard; modifications; criteria; la-
beling requirements
(1) Subject to the provisions of paragraph (2),
on and after the last day of the 60-day period be-
ginning on July 11, 1978, the requirements for
flame resistance and corrosiveness set forth in
the General Services Administration’s specifica-
tion for cellulose insulation, HH–I–515C (as such
specification was in effect on February 1, 1978),
shall be deemed to be an interim consumer prod-
uct safety standard which shall hav
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2082
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.