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15 U.S.C. § 2075 — State standards
Federal law — U.S. Code and appendices · legal_authorities
**(a) State compliance to Federal standards** Whenever a consumer product safety standard under this chapter is in effect and applies to a risk of injury associated with a consumer product, no State or political subdivision of a State shall have any authority either to establish or to continue in effect any provision of a safety standard or regulation which prescribes any requirements as to the performance, composition, contents, design, finish, construction, packaging, or labeling of such product which are designed to deal with the same risk of injury associated with such consumer product, unless such requirements are identical to the requirements of the Federal standard.
**(b) Consumer product safety requirements which impose performance standards more stringent than Federal standards** Subsection (a) of this section does not prevent the Federal Government or the government of any State or political subdivision of a State from establishing or continuing in effect a safety requirement applicable to a consumer product for its own use which requirement is designed to protect against a risk of injury associated with the product and which is not identical to the consumer product safety standard applicable to the product under this chapter if the Federal, State, or political subdivision requirement provides a higher degree of protection from such risk of injury than the standard applicable under this chapter.
**(c) Exemptions** Upon application of a State or political subdivision of a State, the Commission may by rule, after notice and opportunity for oral presentation of views, exempt from the provisions of subsection (a) (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is des
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2075
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Stable record: federal_law:legal_authorities:record_usc_99857f0a17acfd9bbc57ecd2
Source file: Laws/federal/codes/united-states-code/title-15/section-2075-state-standards--146c68e3d9.md
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Source location: Title 15, Chapter 47, § 2075; chapter-047-consumer-product-safety.md
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**(a) State compliance to Federal standards** Whenever a consumer product safety standard under this chapter is in effect and applies to a risk of injury associated with a consumer product, no State or political subdivision of a State shall have any authority either to establish or to continue in effect any provision of a safety standard or regulation which prescribes any requirements as to the performance, composition, contents, design, finish, construction, packaging, or labeling of such product which are designed to deal with the same risk of injury associated with such consumer product, unless such requirements are identical to the requirements of the Federal standard.
**(b) Consumer product safety requirements which impose performance standards more stringent than Federal standards** Subsection (a) of this section does not prevent the Federal Government or the government of any State or political subdivision of a State from establishing or continuing in effect a safety requirement applicable to a consumer product for its own use which requirement is designed to protect against a risk of injury associated with the product and which is not identical to the consumer product safety standard applicable to the product under this chapter if the Federal, State, or political subdivision requirement provides a higher degree of protection from such risk of injury than the standard applicable under this chapter.
**(c) Exemptions** Upon application of a State or political subdivision of a State, the Commission may by rule, after notice and opportunity for oral presentation of views, exempt from the provisions of subsection (a) (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a consumer product subject to a consumer product safety standard under this chapter if the State or political subdivision standard or regulation—
(1) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard under this chapter, and
(2) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political subdivision standard or 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 standard or regulation, the cost of complying with such standard or regulation, the geographic distribution of the consumer product to which the standard or regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or regulation, and the need for a national, uniform standard under this chapter for such consumer product.
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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
**(a) Types of requirements** The Commission may promulgate consumer product safety standards in accordance with the provisions of [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim). A consumer product safety standard shall consist of one or more of any of the following types of requirements:
(1) Requirements expressed in terms of performance requirements.
(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions.
Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product.
**(b) Reliance of Commission upon voluntary standards**
(1) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards.
(2) The Commission shall devise procedures to monitor compliance with any voluntary standards—
(A) upon which the Commission has relied under paragraph (1);
(B) which were developed with the participation of the Commission; or
(C) whose development the Commission has monitored.
**(c) Contribution of Commission to development cost** If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2056
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Beginning 180 days after August 14, 2008, the provisions of ASTM International Standard F963–07 Consumer Safety Specifications for Toy Safety (ASTM F963), as it exists on August 14, 2008 (except for section 4.2 and Annex 4 or any provision that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute or any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration) shall be considered to be consumer product safety standards issued 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) Rulemaking for specific toys, components and risks**
(1) **Evaluation** — Not later than 1 year after August 14, 2008, the Commission, in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, shall examine and assess the effectiveness of ASTM F963 or its successor standard (except for section 4.2 and Annex 4), as it relates to safety requirements, safety labeling requirements, and test methods related to—
(A) internal harm or injury hazards caused by the ingestion or inhalation of magnets in children’s products;
(B) toxic substances;
(C) toys with spherical ends;
(D) hemispheric-shaped objects;
(E) cords, straps, and elastics; and
(F) battery-operated toys.
(2) **Rulemaking** — Within 1 year after the completion of the assessment required by paragraph (1), the Commission shall promulgate rules in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2056b
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Federal law — U.S. Code and appendices · legal_authorities
Page 1756
TITLE 15—COMMERCE AND TRADE
§ 2075
shall not relieve any person from liability at
common law or under State statutory law to
any other person.
(b) Evidence of Commission’s inaction inadmis-
sible in actions relating to consumer prod-
ucts
The failure of the Commission to take any ac-
tion or commence a proceeding with respect to
the safety of a consumer product shall not be
admissible in evidence in litigation at common
law or under State statutory law relating to
such consumer product.
(c) Public information
Subject to sections 2055(a)(2) and 2055(b) of this
title but notwithstanding section 2055(a)(1) of
this title, (1) any accident or investigation re-
port made under this chapter by an officer or
employee of the Commission shall be made
available to the public in a manner which will
not identify any injured person or any person
treating him, without the consent of the person
so identified, and (2) all reports on research
projects, demonstration projects, and other re-
lated activities shall be public information.
(Pub. L. 92–573, § 25, Oct. 27, 1972, 86 Stat. 1227.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the sixtieth day following Oct.
27, 1972, see section 34 of Pub. L. 92–573, set out as a
note under section 2051 of this title.
PREEMPTION
The provisions of this section establishing the extent
to which the Consumer Product Safety Act [15 U.S.C.
2051 et seq.] preempts, limits, or otherwise affects any
other Federal, State, or local law, any rule, procedure,
or regulation, or any cause of action under State or
local law not to be expanded or contracted in scope, or
limited, modified or extended in application, by any
rule or regulation under the Consumer Product Safety
Act, or by referen
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2075
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