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15 U.S.C. § 2080 — Limitations on jurisdiction of Consumer Product Safety Commission

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2080 — Limitations on jurisdiction of Consumer Product Safety Commission

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Stable record: federal_law:legal_authorities:record_usc_559a58b88cf6970836328736
Source file: Laws/federal/codes/united-states-code/title-15/section-2080-limitations-on-jurisdiction-of-consumer-product-safety-commission--97e6e39e06.md
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Source location: Title 15, Chapter 47, § 2080; chapter-047-consumer-product-safety.md

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**(a) Authority to regulate** The Commission shall have no authority under this chapter 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 taken under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.]; the Atomic Energy Act of 1954 [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.]; or the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.]. The Commission shall have no authority under this chapter 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) 11 See References in Text note below. of the Public Health Service Act) if such risk of injury may be subjected to regulation under subpart 3 1 of part F of title III of the Public Health Service Act. **(b) Certain notices of proposed rulemaking; duties of Chronic Hazard Advisory Panel** (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 2076(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2076/e&num=0&edition=prelim), or (C) an advance notice of proposed rulemaking for regulations under [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), relating to a risk of cancer, birth defects, or gene mutations from a consumer product unless a Chronic Hazard Advisory Panel, established under [section 2077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2077&num=0&edition=prelim), has, in accordance with paragraph (2), 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 2076(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2076/e&num=0&edition=prelim), or (iii) a regulation under [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), 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 2077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2077&num=0&edition=prelim) shall terminate when it has submitted its report unless the Commission extends the existence of the Panel. (D) Chapter 10 of title 5 shall not apply with respect to any Panel established under this section. **(c) Panel report; incorporation into advance notice and final rule** 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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2051 — Congressional findings and declaration of purpose

**(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

42 U.S.C. § 201 — Funding

Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2052 — Definitions

**(a) In general** In this chapter: (1) **Appropriate Congressional committees** — The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) **Children’s product** — The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: (A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. (D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. (3) **Commerce** — The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim). (5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2052

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 360hh — Definitions

As used in this part— (1) the term “electronic product radiation” means— (A) any ionizing or non-ionizing electromagnetic or particulate radiation, or (B) any sonic, infrasonic, or ultrasonic wave, which is emitted from an electronic product as the result of the operation of an electronic circuit in such product; (2) the term “electronic product” means (A) any manufactured or assembled product which, when in operation, (i) contains or acts as part of an electronic circuit and (ii) emits (or in the absence of effective shielding or other controls would emit) electronic product radiation, or (B) any manufactured or assembled article which is intended for use as a component, part, or accessory of a product described in clause (A) and which when in operation emits (or in the absence of effective shielding or other controls would emit) such radiation; (3) the term “manufacturer” means any person engaged in the business of manufacturing, assembling, or importing of electronic products; (4) the term “commerce” means (A) commerce between any place in any State and any place outside thereof; and (B) commerce wholly within the District of Columbia; and (5) the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2077 — Chronic Hazard Advisory Panels

**(a) Appointment; purposes** The Commission shall appoint Chronic Hazard Advisory Panels (hereinafter referred to as the Panel or Panels) to advise the Commission in accordance with the provisions of [section 2080(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2080/b&num=0&edition=prelim) respecting the chronic hazards of cancer, birth defects, and gene mutations associated with consumer products. **(b) Composition; membership** Each Panel shall consist of 7 members appointed by the Commission from a list of nominees who shall be nominated by the President of the National Academy of Sciences from scientists— (1) who are not officers or employees of the United States (other than employees of the National Institutes of Health, the National Toxicology Program, or the National Center for Toxicological Research), and who do not receive compensation from or have any substantial financial interest in any manufacturer, distributor, or retailer of a consumer product; and (2) who have demonstrated the ability to critically assess chronic hazards and risks to human health presented by the exposure of humans to toxic substances or as demonstrated by the exposure of animals to such substances. The President of the National Academy of Sciences shall nominate for each Panel a number of individuals equal to three times the number of members to be appointed to the Panel. **(c) Chairman and Vice Chairman; election; term** The Chairman and Vice Chairman of the Panel shall be elected from among the members and shall serve for the duration of the Panel. **(d) Majority vote** Decisions of the Panel shall be made by a majority of the Panel. **(e) Administrative support services** The Commission shall provide each Panel with such administra

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 651 — Congressional statement of findings and declaration of purpose and policy

**(a)** The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments. **(b)** The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources— (1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions; (2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions; (3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under this chapter; (4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions; (5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems; (6) by exploring ways to discover la

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2080 — Limitations on jurisdiction of Consumer

Page 1765 TITLE 15—COMMERCE AND TRADE § 2080 1 See References in Text note below. of 1970, or the Flammable Fabrics Act may be regulated under this chapter only if the Commission by rule finds that it is in the public interest to regulate such risk of injury under this chapter. Such a rule shall identify the risk of injury proposed to be regulated under this chap- ter and shall be promulgated in accordance with sec- tion 553 of title 5; except that the period to be provided by the Commission pursuant to subsection (c) of such section for the submission of data, views, and argu- ments respecting the rule shall not exceed thirty days from the date of publication pursuant to subsection (b) of such section of a notice respecting the rule.’’ 1988—Subsec. (e)(1)(A). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘National Bureau of Standards’’. 1976—Subsec. (a). Pub. L. 94–284, § 3(f), struck out ‘‘of the Administrator of the Environmental Protection Agency and’’ before ‘‘of the Secretary of Health, Edu- cation, and Welfare’’ and substituted ‘‘Federal Food, Drug, and Cosmetic Act’’ for ‘‘Acts amended by sub- sections (b) through (f) of section 7 of the Poison Pre- vention Act of 1970’’. Subsec. (d). Pub. L. 94–284, § 16, inserted requirement that the Commission find by a rule, promulgated in ac- cordance with section 553 of title 5, that it is within the public interest to regulate a risk of injury under this chapter which could be eliminated or reduced by action under the enumerated acts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of 150 days after Oct. 27, 1972, or the date on which at least three members of the Commission first take office, see section 34(2) of Pub. L.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 651 — Congressional statement of findings and

Page 164 TITLE 29—LABOR § 651 Editorial Notes AMENDMENTS 1978—Pub. L. 95–256 struck out ‘‘, not in excess of $5,000,000 for any fiscal year,’’ after ‘‘sums’’. 1974—Pub. L. 93–259, § 28(a)(5), increased appropria- tions authorization to $5,000,000 from $3,000,000. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–259 effective May 1, 1974, see section 29(a) of Pub. L. 93–259, set out as a note under section 202 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions relating to age discrimination administra- tion and enforcement vested by this section in Sec- retary of Labor or Civil Service Commission trans- ferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Or- ganization and Employees, effective Jan. 1, 1979, as pro- vided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. CHAPTER 15—OCCUPATIONAL SAFETY AND HEALTH Sec. 651. Congressional statement of findings and dec- laration of purpose and policy. 652. Definitions. 653. Geographic applicability; judicial enforce- ment; applicability to existing standards; report to Congress on duplication and co- ordination of Federal laws; workmen’s com- pensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected. 654. Duties of employers and employees. 655. Standards. 656. Administration. 657. Inspections, investigations, and record- keeping. 658. Citations. 659. Enforcement procedures. 660. Judicial review. 661. Occupational Safety and Health Review Com- mission. 662. Injunction proceedings. 663. Representation in civil litigation. 664. Disclosure

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 651

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