15 U.S.C. § 2057 — Banned hazardous products

Page 1725 TITLE 15—COMMERCE AND TRADE § 2057a (e) Revision of voluntary standard (1) Notice to commission If the performance requirements of a vol- untary standard adopted under subsection (d) are subsequently revised, the organization that revised the performance requirements of such standard shall notify the Commission of such revision after final approval. (2) Treatment of revision Not later than 90 days after the date on which the Commission is notified of revised performance requirements of a voluntary standard described in paragraph (1) (or such later date as the Commission determines ap- propriate), the Commission shall determine whether the revised performance requirements meet the requirements of subsection (d)(2)(B), and if so, modify, in accordance with section 553 of title 5, the standard promulgated under subsection (d) to include the revised perform- ance requirements that the Commission deter- mines meet such requirements. The modified standard shall take effect after 180 days or such later date as the Commission deems ap- propriate. (f) Subsequent rulemaking (1) In general Beginning 5 years after December 29, 2022, subsequent to the publication of a consumer product safety standard under this section, the Commission may, at any time, initiate rule- making, in accordance with section 553 of title 5, to modify the requirements of such standard or to include additional provisions if the Com- mission makes a determination that such modifications or additions are reasonably nec- essary to protect children from tip-over-re- lated death or injury. (2) Petition for revision of rule (A) In general If the Commission receives a petition for a new or revised test that permits incor- porated safety features (excluding tip re- straints) to work as intended, if the features cannot be overridden by consumers in nor- mal use and provide an equivalent or greater level of safety as the tests developed under subsection (c)(2) or the performance require- ments described in subsection (d)(2)(B), as applicable, the Commission shall determine within 120 days— (i) whether the petition meets the re- quirements for petitions set forth in sec- tion 1051.5 of title 16, Code of Federal Reg- ulations, or any successor regulation im- plementing section 2058(i) of this title; and (ii) whether the petition demonstrates that the test could reasonably meet the re- quirements of subsection (c)(2)(B), and if so, the Commission shall determine by re- corded vote, within 60 days after the deter- mination, whether to initiate rulemaking, in accordance with section 553 of title 5, to revise a consumer product safety standard promulgated under this section to include the new or revised test. (B) Demonstration of compliance Compliance with the testing requirements of a standard revised under subparagraph (A) may be demonstrated either through the performance of a new or revised test under subparagraph (A) or the performance of the tests otherwise required under a standard promulgated under this section. (3) Treatment of rules Any rule promulgated under this subsection, including any modification or revision made under this subsection, shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (Pub. L. 117–328, div. BB, title II, § 201, Dec. 29, 2022, 136 Stat. 5552.) Editorial Notes CODIFICATION Section was enacted as part of the Consolidated Ap- propriations Act, 2023, and not as part of the Consumer Product Safety Act which comprises this chapter. § 2057. Banned hazardous products Whenever the Commission finds that— (1) a consumer product is being, or will be, distributed in commerce and such consumer product presents an unreasonable risk of in- jury; and (2) no feasible consumer product safety standard under this chapter would adequately protect the public from the unreasonable risk of injury associated with such product, the Commission may, in accordance with sec- tion 2058 of this title, promulgate a rule declar- ing such product a banned hazardous product. (Pub. L. 92–573, § 8, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 97–35, title XII, § 1203(c), Aug. 13, 1981, 95 Stat. 713.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 substituted ‘‘may, in accordance with’’ for ‘‘may propose and, in accordance with’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2057a. Banning of butyl nitrite (a) In general Except as provided in subsection (b), butyl ni- trite shall be considered a banned hazardous product under section 2057 of this title. (b) Lawful purposes For the purposes of section 2057 of this title, it shall not be unlawful for any person to manufac- ture for sale, offer for sale, distribute in com- merce, or import into the United States butyl nitrite for any commercial purpose or any other