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15 U.S.C. § 6004 — Standards

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

15 U.S.C. § 6004 — Standards

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Source location: Title 15, Chapter 86, § 6004; chapter-086-childrens-bicycle-helmet-safety.md

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**(a) In general** Bicycle helmets manufactured 9 months or more after June 16, 1994, shall conform to— (1) any interim standard described under subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once it has been established under subsection (c). **(b) Interim standards** The interim standards are as follows: (1) The American National Standards Institute standard designated as “Z90.4–1984”. (2) The Snell Memorial Foundation standard designated as “B–90”. (3) The American Society for Testing and Materials (ASTM) standard designated as “F 1447”. (4) Any other standard that the Commission determines is appropriate. **(c) Final standard** Not later than 60 days after June 16, 1994, the Commission shall begin a proceeding under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) to— (1) review the requirements of the interim standards set forth in subsection (a) and establish a final standard based on such requirements; (2) include in the final standard a provision to protect against the risk of helmets coming off the heads of bicycle riders; (3) include in the final standard provisions that address the risk of injury to children; and (4) include additional provisions as appropriate. Sections 7, 9, and 30(d) 11 See References in Text note below. of the Consumer Product Safety Act ([15 U.S.C. 2056](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2056&num=0&edition=prelim), 2058, 2079(d)) shall not apply to the proceeding under this subsection and section 11 of such Act ([15 U.S.C. 2060](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2060&num=0&edition=prelim)) shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued. **(d) Failure to meet standards** (1) **Failure to meet interim standard** — Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act [[15 U.S.C. 2051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2051&num=0&edition=prelim) et seq.]. (2) **Status of final standard** — The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act.

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

15 U.S.C. § 2060 — Judicial review of consumer product safety rules

**(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

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

15 U.S.C. § 2056 — Consumer product safety standards

**(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

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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

5 U.S.C. § 553 — Rule making

**(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

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

Page 1698 TITLE 15—COMMERCE AND TRADE § 2051 Sec. 2056a. Standards and consumer registration of dura- ble nursery products. 2056b. Mandatory toy safety standards. 2056c. Sulfur content in drywall standard. 2056d. Performance standards to protect against portable fuel container explosions near open flames or other ignition sources. 2056e. Consumer product safety standard for button cell or coin batteries and consumer prod- ucts containing such batteries. 2056f. Consumer product safety standard to protect against tip-over of clothing storage units. 2057. Banned hazardous products. 2057a. Banning of butyl nitrite. 2057b. Banning of isopropal nitrite and other nitrites. 2057c. Prohibition on sale of certain products con- taining specified phthalates. 2057d. Banning of inclined sleepers for infants. 2057e. Banning of crib bumpers. 2058. Procedure for consumer product safety rules. 2059. Repealed. 2060. Judicial review of consumer product safety rules. 2061. Imminent hazards. 2062. Repealed. 2063. Product certification and labeling. 2064. Substantial product hazards. 2065. Inspection and recordkeeping. 2066. Imported products. 2067. Exemption of exports. 2068. Prohibited acts. 2069. Civil penalties. 2070. Criminal penalties. 2071. Injunctive enforcement and seizure. 2072. Suits for damages. 2073. Additional enforcement of product safety rules and section 2064 orders. 2074. Private remedies. 2075. State standards. 2076. Additional functions of Consumer Product Safety Commission. 2076a. Report on civil penalties. 2076b. Inspector General audits and reports. 2077. Chronic Hazard Advisory Panels. 2078. Cooperation with States and other Federal agencies. 2079. Transfers of functions. 2080. Limi

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2051

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

15 U.S.C. § 2056 — Consumer product safety standards

Page 1714 TITLE 15—COMMERCE AND TRADE § 2056 amended Pub. L. 112–28, § 7, Aug. 12, 2011, 125 Stat. 281.) Editorial Notes AMENDMENTS 2011—Subsec. (c)(3)(A). Pub. L. 112–28, § 7(1), inserted ‘‘or paragraph (5)’’ after ‘‘paragraph (4)(A)’’. Subsec. (c)(4)(A). Pub. L. 112–28, § 7(2), substituted ‘‘receives notice that the information in such report or comment is materially inaccurate, the Commission shall stay the publication of the report on the database as required under paragraph (3) for a period of no more than 5 additional days. If the Commission determines that the information in such report or comment is ma- terially inaccurate, the Commission shall—’’ for ‘‘de- termines that the information in such report or com- ment is materially inaccurate, the Commission shall— ’’ in introductory provisions. Subsec. (c)(5). Pub. L. 112–28, § 7(3), added par. (5). § 2056. Consumer product safety standards (a) Types of requirements The Commission may promulgate consumer product safety standards in accordance with the provisions of section 2058 of this title. A con- sumer product safety standard shall consist of one or more of any of the following types of re- quirements: (1) Requirements expressed in terms of per- formance requirements. (2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or require- ments respecting the form of warnings or in- structions. Any requirement of such a standard shall be rea- sonably necessary to prevent or reduce an un- reasonable 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 standar

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2056

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

15 U.S.C. § 2060 — Judicial review of consumer product safe-

Page 1733 TITLE 15—COMMERCE AND TRADE § 2060 1 So in original. Probably should be followed by a closing parenthesis. § 2060. Judicial review of consumer product safe- ty rules (a) Petition by persons adversely affected, con- sumers, or consumer organizations Not later than 60 days after a consumer prod- uct safety rule is promulgated by the Commis- sion, 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 orga- nization 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. For purposes of this sec- tion, the term ‘‘record’’ means such consumer product safety rule; any notice or proposal pub- lished pursuant to section 2056, 2057, or 2058 of this title; the transcript required by section 2058(d)(2) of this title of any oral presentation; any written submission of interested parties; and any other information which the Commis- sion 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 befo

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2060

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

15 U.S.C. § 6004 — Standards

Page 2218 TITLE 15—COMMERCE AND TRADE § 6001 1 See References in Text note below. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. CHAPTER 86—CHILDREN’S BICYCLE HELMET SAFETY Sec. 6001. Establishment of program. 6002. Purposes for grants. 6003. Report to Congress. 6004. Standards. 6005. Authorization of appropriations. 6006. ‘‘Approved bicycle helmet’’ defined. § 6001. Establishment of program (a) In general The Administrator of the National Highway Traffic Safety Administration may, in accord- ance with section 6002 of this title, make grants to States, political subdivisions of States, and nonprofit organizations for programs that re- quire or encourage individuals under the age of 16 to wear approved bicycle helmets. In making those grants, the Administrator shall allow grantees to use wide discretion in designing pro- grams that effectively promote increased bicy- cle helmet use. (b) Federal share The amount provided by a grant under this section shall not exceed 80 percent of the cost of the program for which the grant is made. In crediting the recipient State, political subdivi- sion, or nonprofit organization for the non-Fed- eral share of the cost of such a program (other than planning and administration), the aggre- gate of all expenditures made by such State, po- litical subdivision, or nonprofit organization (exclusive of Federal funds) for the purposes de- scribed in section 6002 of this title (other than expenditures for planning and administration) shall be available for such crediting, without re-

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6004

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