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 2008—Subsec. (d). Pub. L. 110–314 amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘For purposes of this section— ‘‘(1) 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); and ‘‘(2) the term ‘Commission’ means the Consumer Product Safety Commission.’’ 1976—Pub. L. 94–284 substituted provisions which per- mitted the use of flammability standards or regula- tions not identical with the standards or regulations in effect under this chapter provided that the standards or regulations used afford a higher degree of protection from the risk of the occurrence of fire than the stand- ards or regulation under this chapter, and which per- mitted the Commission, by regulation promulgated in accordance with section 553 of title 5, to grant an ex- emption for a flammability standard or other regula- tion of a State or political subdivision of a State, for the prior supremacy of chapter provision. Statutory Notes and Related Subsidiaries PREEMPTION The provisions of this section establishing the extent to which the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or reg- ulation, 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 reg- ulation under the Flammable Fabrics Act, or by ref- erence in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title. § 1204. Congressional veto of flammability regula- tions (a) Transmission to Congress The Commission shall transmit to the Sec- retary 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. (b) Disapproval by concurrent resolution Any regulation specified in subsection (a) shall not take effect if— (1) within the ninety calendar days of con- tinuous session of the Congress which occur after the date of the promulgation of such reg- ulation, both Houses of the Congress adopt a concurrent resolution, the matter after the re- solving clause of which is as follows (with the blank spaces appropriately filled): ‘‘That the Congress disapproves the flammability regula- tion which was promulgated under the Flam- mable Fabrics Act by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the reg- ulation for the following reasons: .’’; or (2) within the sixty calendar days of contin- uous session of the Congress which occur after the date of the promulgation of such regula- tion, one House of the Congress adopts such concurrent resolution and transmits such res- olution 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 to such regulation. (d) Continuous session of Congress For purposes of this section— (1) continuity of session is broken only by an adjournment of the Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the periods of contin- uous session of the Congress specified in sub- section (b). (June 30, 1953, ch. 164, § 17, as added Pub. L. 97–35, title XII, § 1207(d), Aug. 13, 1981, 95 Stat. 719; amended Pub. L. 110–314, title II, § 204(c)(2)(C), (H), Aug. 14, 2008, 122 Stat. 3042, 3043.) Page 1356 TITLE 15—COMMERCE AND TRADE § 1211 Editorial Notes REFERENCES IN TEXT The Flammable Fabrics Act, referred to in subsec. (b), is act June 30, 1953, ch. 164, 67 Stat. 111, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1191 of this title and Tables. PRIOR PROVISIONS A prior section 1204, act June 30, 1953, ch. 164, § 17, as added Dec. 14, 1967, Pub. L. 90–189, § 10, 81 Stat. 574; amended May 11, 1976, Pub. L. 94–284, § 19, 90 Stat. 514, related to the National Advisory Committee for Flam- mable Fabrics Act, prior to repeal by Pub. L. 97–35, title XII, § 1205(b), Aug. 13, 1981, 95 Stat. 716, eff. Aug. 13, 1981. AMENDMENTS 2008—Pub. L. 110–314, § 204(c)(2)(H), which directed substitution of ‘‘Commission’’ for ‘‘Consumer Product Safety Commission’’ in this section, was executed by making the substitution in subsec. (a) before ‘‘shall transmit’’, but not in subsec. (b)(1), to reflect the prob- able intent of Congress. Subsec. (a). Pub. L. 110–314, § 204(c)(2)(C), which di- rected substitution of ‘‘Commission’’ for ‘‘Secretary’’ wherever appearing in the Flammable Fabrics Act, classified to this chapter, was not executed in subsec. (a) of this section, where ‘‘Secretary’’ precedes ‘‘of the Senate’’, to reflect the probable intent of Congress. Amendment was part of a series of conforming amend- ments to change references to the ‘‘Secretary’’ of Com- merce to ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to consumer product safety rules under chapter 47 of this title and regula- tions under this chapter and chapter 30 of this title pro- mulgated after Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 2052 of this title. CHAPTER 26—HOUSEHOLD REFRIGERATORS Sec. 1211. Prohibition against transportation of refrig- erators without safety devices. 1212. Violations; misdemeanor; penalties. 1213. Publication of safety standards in Federal Register. 1214. ‘‘Interstate commerce’’ defined. § 1211. Prohibition against transportation of re- frigerators without safety devices It shall be unlawful for any person to intro- duce or deliver for introduction into interstate commerce any household refrigerator manufac- tured on or after the date this section takes ef- fect unless it is equipped with a device, enabling the door thereof to be opened from the inside, which conforms with standards prescribed pur- suant to section 1213 of this title. (Aug. 2, 1956, ch. 890, § 1, 70 Stat. 953.) Editorial Notes REFERENCES IN TEXT For date this section takes effect, referred to in text, see Effective Date note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Aug. 2, 1956, ch. 890, § 5, 70 Stat. 953, provided that: ‘‘This Act [this chapter] shall take effect on the date of its enactment [Aug. 2, 1956], except that the first section of this Act [this section] shall take effect one year and 90 days after the date of publication of commercial standards first established under section 3 of this Act [section 1213 of this title]. In the event of a change in said commercial standards first established, a like period shall be allowed for compliance with said change in commercial standards.’’ TRANSFER OF FUNCTIONS Functions of Secretary of Commerce and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, see section 2079 of this title. § 1212. Violations; misdemeanor; penalties Any person who violates section 1211 of this title shall be guilty of a misdemeanor and shall, upon conviction thereof, be subject to imprison- ment for not more than one year, or a fine of not more than $1,000, or both. (Aug. 2, 1956, ch. 890, § 2, 70 Stat. 953.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Commerce and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, see section 2079 of this title. § 1213. Publication of safety standards in Federal Register The Consumer Product Safety Commission shall prescribe and publish in the Federal Reg- ister commercial standards for devices which, when used in or on household refrigerators, will enable the doors thereof to be opened easily from the inside; and the standards first estab- lished under this section shall be so prescribed and published not later than one year after Au- gust 2, 1956. (Aug. 2, 1956, ch. 890, § 3, 70 Stat. 953; Pub. L. 92–573, § 30(c), Oct. 27, 1972, 86 Stat. 1231.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Consumer Product Safety Commission’’ substituted for ‘‘Secretary of Commerce’’ pursuant to section 30(c) of Pub. L. 92–573, which is classified to section 2079(c) of this title and which transferred functions of Secretary of Commerce and Federal Trade Commission under this chapter to Consumer Product Safety Commission. § 1214. ‘‘Interstate commerce’’ defined As used in this chapter, the term ‘‘interstate commerce’’ includes commerce between one State, Territory, possession, the District of Co- lumbia, or the Commonwealth of Puerto Rico and another State, Territory, possession, the District of Columbia, or the Commonwealth of Puerto Rico. (Aug. 2, 1956, ch. 890, § 4, 70 Stat. 953.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Commerce and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, see section 2079 of this title.