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15 U.S.C. § 2056b — Mandatory toy safety standards

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

15 U.S.C. § 2056b — Mandatory toy safety standards

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Stable record: federal_law:legal_authorities:record_usc_ec9b0b51d7524f0caaf68904
Source file: Laws/federal/codes/united-states-code/title-15/section-2056b-mandatory-toy-safety-standards--05bd05ed62.md
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Source location: Title 15, Chapter 47, § 2056b; chapter-047-consumer-product-safety.md

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**(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-section553&num=0&edition=prelim) that— (A) take into account other children’s product safety rules; and (B) are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury of such toys. **(c) Periodic review** The Commission shall periodically review and revise the rules set forth under this section to ensure that such rules provide the highest level of safety for such products that is feasible. **(d) Consideration of remaining ASTM standards** After promulgating the rules required by subsection (b), the Commission shall— (1) in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of ASTM F963 (and alternative health protective requirements to prevent or minimize flammability of children’s products) or its successor standard, and shall assess the adequacy of such standards in protecting children from safety hazards; and (2) in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), promulgate consumer product safety rules that— (A) take into account other children’s product safety rules; and (B) are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such toys. **(e) Prioritization** The Commission shall promulgate rules beginning with the product categories that the Commission determines to be of highest priority, until the Commission has promulgated standards for all such product categories. **(f) Treatment as consumer product safety standards** Rules issued under this section shall be considered 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). **(g) Revisions** If ASTM International (or its successor entity) proposes to revise ASTM F963–07, or a successor standard, it shall notify the Commission of the proposed revision. The Commission shall incorporate the revision or a section of the revision into the consumer product safety rule. The revised standard shall be considered to be a consumer product safety standard issued by the Consumer Product Safety Commission under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim), effective 180 days after the date on which ASTM International notifies the Commission of the revision unless, within 90 days after receiving that notice, the Commission notifies ASTM International that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard. If the Commission so notifies ASTM International with respect to a proposed revision of the standard, the existing standard shall continue to be considered to be a consumer product safety rule without regard to the proposed revision. **(h) Rulemaking to consider exemption from preemption** (1) **Exemption of State law from preemption** — Upon application of a State or political subdivision of a State, the Commission shall, after notice and opportunity for oral presentation of views, consider a rulemaking to exempt from the provisions of [section 2075(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2075/a&num=0&edition=prelim) (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 children’s product subject to the consumer product safety standards described in subsection (a) or any rule promulgated under this section. The Commission shall grant such an exemption if the State or political subdivision standard or regulation— (A) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard or rule under this section; and (B) 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 Act for such consumer product. (2) **Effect of standards on established State laws** — Nothing in this section or in [section 2075 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2075&num=0&edition=prelim) shall prevent a State or political subdivision of a State from continuing in effect a safety requirement applicable to a toy or other children’s product that is designed to deal with the same risk of injury as the consumer product safety standards established by this section and that is in effect on the day before August 14, 2008, if such State or political subdivision has filed such requirement with the Commission within 90 days after August 14, 2008, in such form and in such manner as the Commission may require. **(i) Judicial review** The issuance of any rule under this section is subject to judicial review as provided in [section 2060(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2060/g&num=0&edition=prelim), as added by section 236 of this Act.

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

15 U.S.C. § 2058 — Procedure for consumer product safety rules

**(a) Commencement of proceeding; publication of prescribed notice of proposed rulemaking; transmittal of notice** A proceeding for the development of a consumer product safety rule may be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— (1) identify the product and the nature of the risk of injury associated with the product; (2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards); (3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); (4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; (5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and (6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2058

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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.

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

15 U.S.C. § 2075 — State standards

**(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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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2060

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

15 U.S.C. § 2056b — Mandatory toy safety standards

Page 1718 TITLE 15—COMMERCE AND TRADE § 2056b other party, for any purpose other than notifi- cation to such consumer in the event of a product recall or safety alert. (4) Study The Commission shall conduct a study at such time as it considers appropriate on the effectiveness of the consumer registration forms required by this section in facilitating product recalls and whether such registration forms should be required for other children’s products. Not later than 4 years after August 14, 2008, the Commission shall report its find- ings to the appropriate Congressional commit- tees. (e) Use of alternative recall notification tech- nology (1) Technology assessment and report The Commission shall— (A) beginning 2 years after a rule is pro- mulgated under subsection (d), regularly re- view recall notification technology and as- sess the effectiveness of such technology in facilitating recalls of durable infant or tod- dler products; and (B) not later than 3 years after August 14, 2008, and periodically thereafter as the Com- mission considers appropriate, transmit a report on such assessments to the appro- priate Congressional committees. (2) Determination If, based on the assessment required by para- graph (1), the Commission determines by rule that a recall notification technology is likely to be as effective or more effective in facili- tating recalls of durable infant or toddler products as the registration forms required by subsection (d), the Commission— (A) shall submit to the appropriate Con- gressional committees a report on such de- termination; and (B) shall permit a manufacturer of durable infant or toddler products to use such tech- nology in lieu of such registration forms to facilitate recalls of durable infant or toddler product

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

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