15 U.S.C. § 2056d — Untitled legal text

Page 1721 TITLE 15—COMMERCE AND TRADE § 2056d 1 So in original. Probably should be followed by a comma. 2013], the gypsum board labeling provisions of standard ASTM C1264–11 of ASTM International, as in effect on the day before the date of the enactment of this Act, shall be treated as a rule promulgated by the Consumer Product Safety Commission under section 14(c) of the Consumer Product Safety Act (15 U.S.C. 2063(c)). ‘‘(b) REVISION OF STANDARD.—If the gypsum board la- beling provisions of the standard referred to in sub- section (a) are revised on or after the date of the enact- ment of this Act, ASTM International shall notify the Commission of such revision no later than 60 days after final approval of the revision by ASTM International. The revised provisions shall be treated as a rule pro- mulgated by the Commission under section 14(c) of such Act (15 U.S.C. 2063(c)), in lieu of the prior version, effective 180 days after the Commission is notified of the revision (or such later date as the Commission con- siders appropriate), unless within 90 days after receiv- ing that notice the Commission determines that the re- vised provisions do not adequately identify gypsum board by manufacturer and month and year of manu- facture, in which case the Commission shall continue to enforce the prior version.’’ REVISION OF REMEDIATION GUIDANCE FOR DRYWALL DISPOSAL REQUIRED Pub. L. 112–266, § 5, Jan. 14, 2013, 126 Stat. 2439, pro- vided that: ‘‘Not later than 120 days after the date of the enactment of this Act [Jan. 14, 2013], the Consumer Product Safety Commission shall revise its guidance entitled ‘Remediation Guidance for Homes with Corro- sion from Problem Drywall’ to specify that problematic drywall removed from homes pursuant to the guidance should not be reused or used as a component in produc- tion of new drywall.’’ § 2056d. Performance standards to protect against portable fuel container explosions near open flames or other ignition sources (a) Short title This section may be cited as the ‘‘Portable Fuel Container Safety Act of 2020’’. (b) Standards (1) Rule on safety performance standards re- quired Not later than 30 months after December 27, 2020, the Consumer Product Safety Commis- sion (referred to in this section as the ‘‘Com- mission’’) shall promulgate a final rule to re- quire flame mitigation devices in portable fuel containers that impede the propagation of flame into the container, except as provided in paragraph (3). (2) Rulemaking; consumer product safety standard A rule under paragraph (1)— (A) shall be promulgated in accordance with section 553 of title 5; and (B) shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (3) Exception (A) Voluntary standard Paragraph (1) shall not apply for a class of portable fuel containers in the scope of this section if the Commission determines at any time that— (i) there is a voluntary standard for flame mitigation devices for those con- tainers that impedes the propagation of flame into the container; (ii) the voluntary standard described in clause (i) is or will be in effect not later than 18 months after December 27, 2020; and (iii) the voluntary standard described in clause (i) is developed by ASTM Inter- national or such other standard develop- ment organization that the Commission determines to have met the intent of this section. (B) Determination required to be published in the Federal Register Any determination made by the Commis- sion under this subsection shall be published in the Federal Register. (4) Treatment of voluntary standard for pur- pose of enforcement If the Commission determines that a vol- untary standard meets the conditions de- scribed in paragraph (3)(A), the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 2058 of this title beginning on the date which is the later of— (A) 180 days after publication of the Com- mission’s determination under paragraph (3); or (B) the effective date contained in the vol- untary standard. (5) Revision of voluntary standard (A) Notice to commission If the requirements of a voluntary stand- ard that meet the conditions of paragraph (3) are subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. (B) Effective date of revision Not later than 180 days after the Commis- sion is notified of a revised voluntary stand- ard described in subparagraph (A) (or such later date as the Commission determines ap- propriate), such revised voluntary standard shall become enforceable as a consumer product safety rule promulgated under sec- tion 2058 of this title, in place of the prior version, unless within 90 days after receiving the notice the Commission determines that the revised voluntary standard does not meet the requirements described in para- graph (3). (6) Future rulemaking The Commission, at any time after publica- tion of the consumer product safety rule re- quired by paragraph (1), a voluntary standard is treated as a consumer product safety rule under paragraph (4), or a revision is enforce- able as a consumer product safety rule under paragraph (5) 1 may initiate a rulemaking in accordance with section 553 of title 5 to mod- ify the requirements or to include any addi- tional provision that the Commission deter- mines is reasonably necessary to protect the public against flame jetting from a portable fuel container. Any rule promulgated under Page 1722 TITLE 15—COMMERCE AND TRADE § 2056e this subsection shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (7) Action required (A) Education campaign Not later than 1 year after December 27, 2020, the Commission shall undertake a cam- paign to educate consumers about the dan- gers associated with using or storing port- able fuel containers for flammable liquids near an open flame or any other source of ig- nition. (B) Summary of actions Not later than 2 years after December 27, 2020, the Commission shall submit to Con- gress a summary of actions taken by the Commission in such campaign. (8) Portable fuel container defined In this section, the term ‘‘portable fuel con- tainer’’ means any container or vessel (includ- ing any spout, cap, and other closure mecha- nism or component of such container or vessel or any retrofit or aftermarket spout or compo- nent intended or reasonably anticipated to be for use with such container)— (A) intended for flammable liquid fuels with a flash point less than 140 degrees Fahr- enheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels; (B) that is a consumer product with a ca- pacity of 5 gallons or less; and (C) that the manufacturer knows or rea- sonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels. (9) Rule of construction This section may not be interpreted to con- flict with the Children’s Gasoline Burn Pre- vention Act (Public Law 110–278; 122 Stat. 2602). (c) Children’s Gasoline Burn Prevention Act (1) Omitted (2) Applicability The amendment made by paragraph (1) shall take effect 6 months after December 27, 2020. (Pub. L. 116–260, div. FF, title IX, § 901, Dec. 27, 2020, 134 Stat. 3204.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (b)(1), (3)(A), (8), and (9), was in the original ‘‘this Act’’, which was translated as reading ‘‘this section’’, meaning section 901 of Pub. L. 116–260, div. FF, title IX, Dec. 27, 2020, 134 Stat. 3204, to reflect the probable intent of Congress. The Children’s Gasoline Burn Prevention Act, re- ferred to in subsecs. (b)(9) and (c), is Pub. L. 110–278, July 17, 2008, 122 Stat. 2602, which is set out as a note under section 2056 of this title. CODIFICATION Section was enacted as the Portable Fuel Container Safety Act of 2020, and not as part of the Consumer Product Safety Act which comprises this chapter. Section is comprised of section 901 of div. FF of Pub. L. 116–260. Subsec. (c)(1) of section 901 of div. FF of Pub. L. 116–260 amended section 2 of Pub. L. 110–278, which is set out in a note under section 2056 of this title. § 2056e. Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries (a) In general Not later than 1 year after August 16, 2022, the Commission shall, in accordance with section 553 of title 5, promulgate a final consumer prod- uct safety standard for button cell or coin bat- teries and consumer products containing button cell or coin batteries that shall only contain— (1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery in- gestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and (2) warning label requirements— (A) to be included on the packaging of but- ton cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries; (B) to be included in any literature, such as a user manual, that accompanies a con- sumer product containing button cell or coin batteries; and (C) to be included, as practicable— (i) directly on a consumer product con- taining button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or (ii) in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it is impracticable to label the product, this information shall be placed on the packaging or instructions. (b) Requirements for warning labels Warning labels required under subsection (a)(2) shall— (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical atten- tion if a battery is ingested, and to follow any other consensus medical advice. (c) Treatment of standard for enforcement pur- poses A consumer product safety standard promul- gated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (d) Exception for reliance on voluntary standard (1) Before promulgation of standard by Com- mission Subsection (a) shall not apply if the Com- mission determines, before the Commission promulgates a final consumer product safety standard under such subsection, that—