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 products. (f) Definition of durable infant or toddler prod- uct As used in this section, the term ‘‘durable in- fant or toddler product’’— (1) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (2) includes— (A) full-size cribs and nonfull-size cribs; (B) toddler beds; (C) high chairs, booster chairs, and hook- on chairs; (D) bath seats; (E) gates and other enclosures for con- fining a child; (F) play yards; (G) stationary activity centers; (H) infant carriers; (I) strollers; (J) walkers; (K) swings; and (L) bassinets and cradles. (Pub. L. 110–314, title I, § 104, Aug. 14, 2008, 122 Stat. 3028; Pub. L. 112–28, § 3, Aug. 12, 2011, 125 Stat. 279.) Editorial Notes REFERENCES IN TEXT Section 2060(g) of this title, as added by section 236 of this Act, referred to in subsec. (b)(3), is section 2060(g) of this title, as added by section 236 of Pub. L. 110–314. The Paperwork Reduction Act of 1980, referred to in subsec. (d)(1), is Pub. L. 96–511, Dec. 11, 1980, 94 Stat. 2812, which was classified principally to chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Docu- ments, prior to the general amendment of that chapter by Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under sec- tion 101 of Title 44 and Tables. This Act, referred to in subsec. (d)(3), is Pub. L. 110–314, Aug. 14, 2008, 122 Stat. 3016, known as the Con- sumer Product Safety Improvement Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under sec- tion 2051 of this title and Tables. CODIFICATION Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter. AMENDMENTS 2011—Subsec. (b)(4). Pub. L. 112–28, § 3(a), added par. (4). Subsec. (c)(3), (4). Pub. L. 112–28, § 3(b), added par. (3) and redesignated former par. (3) as (4). Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Commission’’ and ‘‘appropriate Congressional committees’’ used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2056b. Mandatory toy safety standards (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 exist- ing mandatory standard or ban promulgated by the Commission or by statute or any provision that restates or incorporates a regulation pro- mulgated 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. (b) Rulemaking for specific toys, components and risks (1) Evaluation Not later than 1 year after August 14, 2008, the Commission, in consultation with rep- resentatives 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 require- ments, 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; Page 1719 TITLE 15—COMMERCE AND TRADE § 2056b (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 as- sessment required by paragraph (1), the Com- mission shall promulgate rules in accordance with section 553 of title 5 that— (A) take into account other children’s product safety rules; and (B) are more stringent than such stand- ards, if the Commission determines that more stringent standards would further re- duce 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 sub- section (b), the Commission shall— (1) in consultation with representatives of consumer groups, juvenile product manufac- turers, and independent child product engi- neers and experts, examine and assess the ef- fectiveness 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 chil- dren from safety hazards; and (2) in accordance with section 553 of title 5, promulgate consumer product safety rules that— (A) take into account other children’s product safety rules; and (B) are more stringent than such stand- ards, if the Commission determines that more stringent standards would further re- duce the risk of injury associated with such toys. (e) Prioritization The Commission shall promulgate rules begin- ning with the product categories that the Com- mission determines to be of highest priority, until the Commission has promulgated stand- ards for all such product categories. (f) Treatment as consumer product safety stand- ards Rules issued under this section shall be con- sidered consumer product safety standards issued by the Commission under section 2058 of this title. (g) Revisions If ASTM International (or its successor enti- ty) proposes to revise ASTM F963–07, or a suc- cessor standard, it shall notify the Commission of the proposed revision. The Commission shall incorporate the revision or a section of the revi- sion into the consumer product safety rule. The revised standard shall be considered to be a con- sumer product safety standard issued by the Consumer Product Safety Commission under section 2058 of this title, 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 Commis- sion notifies ASTM International that it has de- termined that the proposed revision does not improve the safety of the consumer product cov- ered by the standard. If the Commission so noti- fies ASTM International with respect to a pro- posed 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 pre- emption (1) Exemption of State law from preemption Upon application of a State or political sub- division of a State, the Commission shall, after notice and opportunity for oral presen- tation of views, consider a rulemaking to ex- empt from the provisions of section 2075(a) of this title (under such conditions as it may im- pose in the rule) any proposed safety standard or regulation which is described in such appli- cation and which is designed to protect against a risk of injury associated with a chil- dren’s product subject to the consumer prod- uct safety standards described in subsection (a) or any rule promulgated under this section. The Commission shall grant such an exemp- tion if the State or political subdivision stand- ard 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 com- merce. 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 regula- tion, 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 shall prevent a State or political subdivision of a State from continuing in ef- fect 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 con- sumer product safety standards established by this section and that is in effect on the day be- fore 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. Page 1720 TITLE 15—COMMERCE AND TRADE § 2056c (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, as added by section 236 of this Act. (Pub. L. 110–314, title I, § 106, Aug. 14, 2008, 122 Stat. 3033; Pub. L. 112–28, § 4, Aug. 12, 2011, 125 Stat. 280.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (h)(1), is Pub. L. 110–314, Aug. 14, 2008, 122 Stat. 3016, known as the Con- sumer Product Safety Improvement Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under sec- tion 2051 of this title and Tables. Section 2060(g) of this title, as added by section 236 of this Act, referred to in subsec. (i), is section 2060(g) of this title, as added by section 236 of Pub. L. 110–314. CODIFICATION Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter. AMENDMENTS 2011—Subsec. (a). Pub. L. 112–28 inserted ‘‘or any pro- vision that restates or incorporates a regulation pro- mulgated by the Food and Drug Administration or any statute administered by the Food and Drug Adminis- tration’’ after ‘‘or by statute’’. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Commission’’ used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2056c. Sulfur content in drywall standard (a) Rule on sulfur content in drywall required Except as provided in subsection (c), not later than 2 years after January 14, 2013, the Con- sumer Product Safety Commission shall promul- gate a final rule pertaining to drywall manufac- tured or imported for use in the United States that limits sulfur content to a level not associ- ated with elevated rates of corrosion in the home. (b) Rule making; consumer product safety stand- ard A rule under subsection (a)— (1) shall be promulgated in accordance with section 553 of title 5; and (2) shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (c) Exception (1) Voluntary standard Subsection (a) shall not apply if the Com- mission determines that— (A) a voluntary standard pertaining to drywall manufactured or imported for use in the United States limits sulfur content to a level not associated with elevated rates of corrosion in the home; (B) such voluntary standard is or will be in effect not later than two years after January 14, 2013; and (C) such voluntary standard is developed by Subcommittee C11.01 on Specifications and Test Methods for Gypsum Products of ASTM International. (2) Federal Register Any determination made under paragraph (1) shall be published in the Federal Register. (d) Treatment of voluntary standard for pur- poses of enforcement If the Commission determines that a vol- untary standard meets the conditions in sub- section (c)(1), the sulfur content limit in such voluntary standard shall be treated as a con- sumer product safety rule promulgated under section 2058 of this title beginning on the date that is the later of— (1) 180 days after publication of the Commis- sion’s determination under subsection (c); or (2) the effective date contained in the vol- untary standard. (e) Revision of voluntary standard If the sulfur content limit of a voluntary standard that met the conditions of subsection (c)(1) is subsequently revised, the organization responsible for the standard shall notify the Commission no later than 60 days after final ap- proval of the revision. The sulfur content limit of the revised voluntary standard shall become enforceable as a Commission rule promulgated under section 2058 of this title, in lieu of the prior version, effective 180 days after the Com- mission is notified of the revision (or such later date as the Commission considers appropriate), unless within 90 days after receiving that notice the Commission determines that the sulfur con- tent limit of the revised voluntary standard does not meet the requirements of subsection (c)(1)(A), in which case the Commission shall continue to enforce the prior version. (f) Future rulemaking The Commission, at any time subsequent to publication of the consumer product safety rule required by subsection (a) or a determination under subsection (c), may initiate a rulemaking in accordance with section 553 of title 5 to mod- ify the sulfur content limit or to include any provision relating only to the composition or characteristics of drywall that the Commission determines is reasonably necessary to protect public health or safety. Any rule promulgated under this subsection shall be treated as a con- sumer product safety rule promulgated under section 2058 of this title. (Pub. L. 112–266, § 4, Jan. 14, 2013, 126 Stat. 2438.) Editorial Notes CODIFICATION Section was enacted as part of the Drywall Safety Act of 2012, and not as part of the Consumer Product Safety Act which comprises this chapter. Statutory Notes and Related Subsidiaries DRYWALL LABELING REQUIREMENT Pub. L. 112–266, § 3, Jan. 14, 2013, 126 Stat. 2437, pro- vided that: ‘‘(a) LABELING REQUIREMENT.—Beginning 180 days after the date of the enactment of this Act [Jan. 14,