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15 U.S.C. § 1204 — Congressional veto of flammability regulations

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

15 U.S.C. § 1204 — Congressional veto of flammability regulations

**(a) Transmission to Congress** The Commission shall transmit to the Secretary of the Senate and the Clerk of the House of Representatives a copy of any flammability regulation promulgated by the Commission under [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim). **(b) Disapproval by concurrent resolution** Any regulation specified in subsection (a) shall not take effect if— (1) within the ninety calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): “That the Congress disapproves the flammability regulation which was promulgated under the Flammable Fabrics Act by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the regulation for the following reasons: .”; or (2) within the sixty calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the thirty calendar days of continuous session of the Congress which occur after the date of such transmittal. **(c) Presumptions from Congressional action or inaction** Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the regulation involved, and shall not be construed to create any presumption of validity with respect t

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Source file: Laws/federal/codes/united-states-code/title-15/section-1204-congressional-veto-of-flammability-regulations--fed2e8cc79.md
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Source location: Title 15, Chapter 25, § 1204; chapter-025-flammable-fabrics.md

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

15 U.S.C. § 1193 — Flammability standards or regulations

**(a) Proceedings by Commission for determination** Whenever the Commission finds on the basis of the investigations or research conducted pursuant to [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1201&num=0&edition=prelim) that a new or amended flammability standard or other regulation, including labeling, for a fabric, related material, or product may be needed to protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage, it shall institute proceedings for the determination of an appropriate flammability standard (including conditions and manner of testing) or other regulation or amendment thereto for such fabric, related material, or product. **(b) Necessary findings; effective date; exemptions** Each standard, regulation, or amendment thereto promulgated pursuant to this section shall be based on findings that such standard, regulation, or amendment thereto is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death, injury, or significant property damage, is reasonable, technologically practicable, and appropriate, is limited to such fabrics, related materials, or products which have been determined to present such unreasonable risks, and shall be stated in objective terms. Each such standard, regulation, or amendment thereto, shall become effective twelve months from the date on which such standard, regulation, or amendment is promulgated, unless the Commission finds for good cause shown that an earlier or later effective date is in the public interest and publishes the reason for such finding. Each such standard or regulation or amendment thereto shall exempt fabrics relate

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

15 U.S.C. § 1191 — Definitions

As used in this chapter— **(a)** The term “person” means an individual, partnership, corporation, association, or any other form of business enterprise. **(b)** The term “commerce” means commerce among the several States or with foreign nations or in any territory of the United States or in the District of Columbia or between any such territory and another, or between any such territory and any State or foreign nation, or between the District of Columbia or the Commonwealth of Puerto Rico and any State or territory or foreign nation, or between the Commonwealth of Puerto Rico and any State or territory or foreign nation or the District of Columbia. **(c)** The term “territory” includes the insular possessions of the United States and also any territory of the United States. **(d)** The term “article of wearing apparel” means any costume or article of clothing worn or intended to be worn by individuals. **(e)** The term “interior furnishing” means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used, in homes, offices, or other places of assembly or accommodation. **(f)** The term “fabric” means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used, in any product as defined in subsection (h). **(g)** The term “related material” means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subsection (h). **(h)** The term “product” means any arti

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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

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

15 U.S.C. § 1204 — Congressional veto of flammability regula-

Page 1355 TITLE 15—COMMERCE AND TRADE § 1204 flammability standard or other regulation, the cost of complying with such flammability stand- ard or other regulation, the geographic distribu- tion of the fabric, related material, or product to which the flammability standard or other regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar flammability standard or other regulation, and the need for a national, uniform flammability standard or other regulation under this chapter for such fabric, related material, or product. (2) A regulation under paragraph (1) granting an exemption for a flammability standard or other regulation of a State or political subdivi- sion of a State may be promulgated by the Com- mission only after it has provided, in accordance with section 553(b) of title 5, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation. (d) Flammability standards or regulations In this section, a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this chapter includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189). (June 30, 1953, ch. 164, § 16, as added Pub. L. 90–189, § 10, Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 94–284, § 17(b), May 11, 1976, 90 Stat. 512; Pub. L. 110–314, title II, § 204(c)(2)(G), Aug. 14, 2008, 122 Stat. 3043.) Editorial Notes REFERENCES IN TEXT Section 11 of the Act of December 14, 1967 (Public Law 90–189), referred to in subsec. (d), is set out as a note under section 1191 of this title. AMENDMENTS

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