15 U.S.C. § 1476 — Preemption of Federal standards

Page 1420 TITLE 15—COMMERCE AND TRADE § 1475 ‘‘Commission’’ substituted for ‘‘Secretary’’, ‘‘it’’ sub- stituted for ‘‘him’’ and ‘‘he’’, ‘‘its’’ substituted for ‘‘his’’, and ‘‘Commission’s’’ substituted for ‘‘Sec- retary’s’’ pursuant to section 30(a) of Pub. L. 92–573, which is classified to section 2079(a) of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Consumer Product Safety Commission. § 1475. Repealed. Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716 Section, Pub. L. 91–601, § 6, Dec. 30, 1970, 84 Stat. 1672, provided for appointment of a technical advisory com- mittee to assist the Secretary in carrying out the pur- poses of the Poison Prevention Packaging Act of 1970. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 2052 of this title. § 1476. Preemption of Federal standards (a) Exception for identical State standards Except as provided in subsections (b) and (c), whenever a standard established by the Commis- sion under this Act applicable to a household substance is in effect, no State or political sub- division thereof shall have any authority either to establish or continue in effect, with respect to such household substance, any standard for special packaging (and any exemption therefrom and requirement related thereto) which is not identical to the standard established under sec- tion 1472 of this title (and any exemption there- from and requirement related thereto) of this Act. (b) Federal or State standards 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, with re- spect to a household substance for its own use, a standard for special packaging or related re- quirement which is designed to protect against a risk of illness or injury with respect to which a standard for special packaging or related re- quirement is in effect under this Act and which is not identical to such standard or requirement if the Federal, State, or political subdivision standard or requirement provides a higher de- gree of protection from such risk of illness or in- jury than the standard or requirement in effect under this Act. (c) Exemption for State standards; requirements; determination of burden on interstate com- merce; 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 standard for special packaging or related requirement of such State or political subdivision applicable to a household substance subject to a standard or requirement in effect under this Act if— (A) compliance with the State or political subdivision standard or requirement would not cause the household substance to be in viola- tion of the standard or requirement in effect under this Act, and (B) the State or political subdivision stand- ard or requirement (i) provides a significantly higher degree of protection from the risk of illness or injury with respect to which the Federal standard or requirement is in effect, and (ii) does not unduly burden interstate commerce. In determining the burden, if any, of a State or political subdivision standard or requirement on interstate commerce the Commission shall con- sider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or requirement, the cost of complying with such standard or re- quirement, the geographic distribution of the household substance to which the standard or requirement would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or requirement, and the need for a national, uniform standard or requirement under this Act for such household substance. (2) A regulation under paragraph (1) granting an exemption for a standard or requirement 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 notice with respect to the promulga- tion of the regulation and has provided oppor- tunity for the oral presentation of views re- specting its promulgation. (Pub. L. 91–601, § 7, formerly § 8, Dec. 30, 1970, 84 Stat. 1673; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94–284, § 17(c), May 11, 1976, 90 Stat. 513; renumbered § 7, Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716.) Editorial Notes REFERENCES IN TEXT For classification to the Code of ‘‘this Act’’, referred to in text, see References in Text note set out under section 1471 of this title. AMENDMENTS 1976—Pub. L. 94–284 substituted ‘‘(a) Except as pro- vided in subsections (b) and (c), whenever’’ for ‘‘When- ever’’ in existing provision, and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Commission’’ substituted for ‘‘Secretary’’ in subsec. (a) pursuant to section 30(a) of Pub. L. 92–573, which is classified to section 2079(a) of this title and which transferred functions of Secretary of Health, Edu- cation, and Welfare under this chapter to Consumer Product Safety Commission. PREEMPTION The provisions of this section establishing the extent to which the Poison Prevention Packaging Act of 1970 [15 U.S.C. 1471 et seq.] preempts, limits, or otherwise af- fects 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, Page 1421 TITLE 15—COMMERCE AND TRADE § 1501 by any rule or regulation under the Poison Prevention Packaging Act of 1970, or by reference 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. § 1477. Enforcement by State Attorneys General The attorney general of a State, or other au- thorized State officer, alleging a violation of a standard or rule promulgated under section 1472 of this title that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts busi- ness to obtain appropriate injunctive relief. The procedural requirements of section 2073(b) of this title shall apply to any such action. (Pub. L. 91–601, § 9, as added Pub. L. 110–314, title II, § 218(b)(1), Aug. 14, 2008, 122 Stat. 3062.) Editorial Notes PRIOR PROVISIONS A prior section 9 of Pub. L. 91–601 was renumbered section 8 and is set out as a note under section 1471 of this title. CHAPTER 40—DEPARTMENT OF COMMERCE Sec. 1501. Establishment of Department; Secretary; seal. 1502, 1503. Omitted. 1503a. Under Secretary of Commerce for Economic Affairs. 1503b. Under Secretary of Commerce for Oceans and Atmosphere; duties; appointment; com- pensation. 1504. Repealed. 1505. Additional Assistant Secretary; duties, rank of Assistant Secretaries. 1506. Additional Assistant Secretary; appointment; applicability of section 1505. 1507. Additional Assistant Secretary; appointment; compensation; duties. 1507a. Repealed. 1507b. Assistant Secretary of Commerce; appoint- ment; compensation; duties. 1507c. Assistant Secretary of Commerce for Oceans and Atmosphere; duties; appointment; com- pensation. 1508. General Counsel. 1509. Designation of officer to sign routine papers. 1510. Clerical assistants. 1511. Bureaus in Department. 1511a. Repealed. 1511b. United States fishery trade officers. 1511c. Estuarine Programs Office. 1511d. Chesapeake Bay Office. 1511e. Repealed. 1512. Powers and duties of Department. 1513. Duties and powers vested in Department. 1513a. Cost estimates for National Oceanic and At- mospheric Administration programs in- cluded in Department budget justification. 1513b. Cost estimates for National Institute of Standards and Technology construction projects included in Department budget jus- tification. 1514. Basic authority for performance of certain functions and activities of Department. 1515. Records, etc., of bureaus transferred to De- partment of Commerce. 1516. Statistical information. 1516a. Statistics relating to social, health, and eco- nomic conditions of Americans of Spanish origin or descent. Sec. 1517. Transfer of statistical or scientific work. 1518. Custody of buildings; officers transferred. 1519. Annual and special reports. 1519a, 1520. Repealed. 1521. Working capital fund; establishment; amount; uses; reimbursement. 1521a. Department of Commerce Nonrecurring Ex- penses Fund. 1522. Acceptance of gifts and bequests for purposes of the Department; separate fund; disburse- ments. 1523. Tax status of gifts and bequests of property. 1524. Investment and reinvestments of moneys; credit and disbursement of interest. 1525. Special studies; special compilations, lists, bulletins, or reports; clearinghouse for technical information; transcripts or cop- ies; cost payments for special work; joint projects: cost apportionment, waiver. 1526. Receipts for work or services; deposit in spe- cial accounts; availability for payment of costs, repayment or advances to appropria- tions or funds, refunds, credits to working capital funds; appropriation limitation of annual expenditures from accounts. 1527. Fees or charges for services or publications under existing law unaffected. 1527a. Economics and Statistics Administration Re- volving Fund. 1528. Transferred. 1529. Relinquishment of legislative jurisdiction over certain lands. 1530. Awarding of contracts for performance of commercial activity by National Oceanic and Atmospheric Administration. 1531. Buying Power Maintenance accounts for International Trade Administration, Export Administration, and United States Travel and Tourism Administration. 1532. Telecommunications; electromagnetic radi- ation; research, analysis, dissemination of information; other functions of Secretary. 1533. Repealed. 1534. Assessment of fees for access to environ- mental data. 1535. Repealed. 1536. Prohibition against fraudulent use of ‘‘Made in America’’ labels. 1537. Needs assessment for data management, ar- chival, and distribution. 1538. Notice of reprogramming. 1539. Financial assistance. 1540. Cooperative agreements. 1541. Administrative Law Judges. 1542. Establishment of the Ernest F. Hollings Scholarship Program. 1543. Task force on job repatriation and manufac- turing growth. 1544. Promotion of tourist travel. 1545. Cooperation with travel agencies; publication of information. 1546. United States Travel and Tourism Advisory Board. 1547. Rules and regulations; employees. 1548. Authorization of appropriations. § 1501. Establishment of Department; Secretary; seal There shall be at the seat of government an executive department to be known as the De- partment of Commerce, and a Secretary of Com- merce, who shall be the head thereof, who shall be appointed by the President, by and with the advice and consent of the Senate, and whose term and tenure of office shall be like that of the heads of the other executive departments; and the provisions of title 4 of the Revised Stat-