Browse Arkansas Code titles and sections
15 U.S.C. § 1203 — Preemption of Federal standards
Federal law — U.S. Code and appendices · legal_authorities
**(a) Standards or regulations designed to protect against same risk as State standards or regulations; identical State standards** Except as provided in subsections (b) and (c), whenever a flammability standard or other regulation for a fabric, related material, or product is in effect under this chapter, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material, or product if the standard or other regulation is designed to protect against the same risk of occurrence of fire with respect to which the standard or other regulation under this chapter is in effect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulation.
**(b) State standards or regulations which afford a higher degree of protection** The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a flammability standard or other regulation applicable to a fabric, related material, or product for its own use which standard or other regulation is designed to protect against a risk of occurrence of fire with respect to which a flammability standard or other regulation is in effect under this chapter and which is not identical to such standard or other regulation if the Federal, State, or political subdivision standard or other regulation provides a higher degree of protection from such risk of occurrence of fire than the standard or other regulation in effect under this chapter.
**(c) Exemption for State standards or regulations; requirements; determination of burden on interstate commerce; notice and hearing**
(1) Upon application of a State or political subdivision of a S
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1203
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: de61908e59b28bfc30c88867c459554398c6a442926e322d01a52e79ee37feb1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_89b5246fa125d258c26ea080
Source file: Laws/federal/codes/united-states-code/title-15/section-1203-preemption-of-federal-standards--3731cfdef7.md
Pages: Not recorded – Not recorded
Passage SHA-256: fc6366b2539e8063453183ab4eaeb9e9e00b4c0df2031bccaa8256fa149d38ef
Source location: Title 15, Chapter 25, § 1203; chapter-025-flammable-fabrics.md
Stored source content
**(a) Standards or regulations designed to protect against same risk as State standards or regulations; identical State standards** Except as provided in subsections (b) and (c), whenever a flammability standard or other regulation for a fabric, related material, or product is in effect under this chapter, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material, or product if the standard or other regulation is designed to protect against the same risk of occurrence of fire with respect to which the standard or other regulation under this chapter is in effect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulation.
**(b) State standards or regulations which afford a higher degree of protection** The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a flammability standard or other regulation applicable to a fabric, related material, or product for its own use which standard or other regulation is designed to protect against a risk of occurrence of fire with respect to which a flammability standard or other regulation is in effect under this chapter and which is not identical to such standard or other regulation if the Federal, State, or political subdivision standard or other regulation provides a higher degree of protection from such risk of occurrence of fire than the standard or other regulation in effect under this chapter.
**(c) Exemption for State standards or regulations; requirements; determination of burden on interstate commerce; notice and hearing**
(1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any flammability standard or other regulation of such State or political subdivision applicable to a fabric, related material, or product subject to a standard or other regulation in effect under this chapter, if—
(A) compliance with the State or political subdivision requirement would not cause the fabric, related material, or product to be in violation of the standard or other regulation in effect under this chapter, and
(B) the State or political subdivision standard or other regulation (i) provides a significantly higher degree of protection from the risk of occurrence of fire with respect to which the Federal standard or other regulation is in effect, and (ii) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political subdivision flammability standard or other regulation on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such flammability standard or other regulation, the cost of complying with such flammability standard or other regulation, the geographic distribution 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 subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), 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).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1191
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1354
TITLE 15—COMMERCE AND TRADE
§ 1203
statement filed with the Commission under the
preceding sentence shall specify the anticipated
date of shipment of such fabric, related mate-
rial, or product, the country and port of destina-
tion of such fabric, related material, or product,
and the quantity of such fabric, related mate-
rial, or product that will be exported, and shall
contain such other information as the Commis-
sion may by regulation require. Upon petition
filed with the Commission by any person re-
quired to file a statement under this subsection
respecting an exportation, the Commission may,
for good cause shown, exempt such person from
the requirement of this subsection that such a
statement be filed no less than thirty days be-
fore the date of the exportation, except that in
no case shall the Commission permit such a
statement to be filed later than the tenth day
before such date.
(d) Authority to prohibit exports
Notwithstanding any other provision of this
section, the Consumer Product Safety Commis-
sion may prohibit, by order, a person from ex-
porting from the United States for purpose of
sale any fabric or related material that the
Commission determines is not in conformity
with an applicable standard or rule under this
chapter, unless the importing country has noti-
fied the Commission that such country accepts
the importation of such fabric or related mate-
rial, provided that if the importing country has
not so notified the Commission within 30 days
after the Commission has provided notice to the
importing country of the impending shipment,
the Commission may take such action as is ap-
propriate with respect to the disposition of the
fabric or related material under the cir-
cumstances.
(e) Export pursuant to secti
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1203
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.