15 U.S.C. § 1191 — Definitions

Page 1342 TITLE 15—COMMERCE AND TRADE § 1178 dise in Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. Functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. § 1178. Nonapplicability of chapter to certain ma- chines and devices None of the provisions of this chapter shall be construed to apply— (1) to any machine or mechanical device de- signed and manufactured primarily for use at a racetrack in connection with parimutuel betting, (2) to any machine or mechanical device, such as a coin-operated bowling alley, shuffle- board, marble machine (a so-called pinball ma- chine), or mechanical gun, which is not de- signed and manufactured primarily for use in connection with gambling, and (A) which when operated does not deliver, as a result of the ap- plication of an element of chance, any money or property, or (B) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money or property, or (3) to any so-called claw, crane, or digger machine and similar devices which are not op- erated by coin, are actuated by a crank, and are designed and manufactured primarily for use at carnivals or county or State fairs. (Jan. 2, 1951, ch. 1194, § 9, as added Pub. L. 87–840, § 6, Oct. 18, 1962, 76 Stat. 1077.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on sixtieth day after Oct. 18, 1962, see section 7 of Pub. L. 87–840, set out as an Effective Date of 1962 Amendment note under section 1171 of this title. CHAPTER 25—FLAMMABLE FABRICS Sec. 1191. Definitions. 1192. Prohibited transactions. 1193. Flammability standards or regulations. 1194. Administration and enforcement. 1195. Injunction and condemnation proceedings. 1196. Penalties. 1197. Guaranties. 1198. Shipments from foreign countries; demand for redelivery; claim for liquidated dam- ages. 1199. Chapter as additional legislation. 1200. Persons excluded from operation of chapter. 1201. Study and investigation; research, develop- ment and training. 1202. Exemptions. 1203. Preemption of Federal standards. 1204. Congressional veto of flammability regula- tions. § 1191. Definitions As used in this chapter— (a) The term ‘‘person’’ means an individual, partnership, corporation, association, or any other form of business enterprise. (b) The term ‘‘commerce’’ means commerce among the several States or with foreign na- tions or in any territory of the United States or in the District of Columbia or between any such territory and another, or between any such ter- ritory and any State or foreign nation, or be- tween the District of Columbia or the Common- wealth of Puerto Rico and any State or territory or foreign nation, or between the Common- wealth of Puerto Rico and any State or territory or foreign nation or the District of Columbia. (c) The term ‘‘territory’’ includes the insular possessions of the United States and also any territory of the United States. (d) The term ‘‘article of wearing apparel’’ means any costume or article of clothing worn or intended to be worn by individuals. (e) The term ‘‘interior furnishing’’ means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used, in homes, offices, or other places of assembly or accommodation. (f) The term ‘‘fabric’’ means any material (ex- cept fiber, filament, or yarn for other than re- tail sale) woven, knitted, felted, or otherwise produced from or in combination with any nat- ural or synthetic fiber, film, or substitute there- for which is intended for use or which may rea- sonably be expected to be used, in any product as defined in subsection (h). (g) The term ‘‘related material’’ means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any prod- uct as defined in subsection (h). (h) The term ‘‘product’’ means any article of wearing apparel or interior furnishing. (i) The term ‘‘Commission’’ means the Con- sumer Product Safety Commission. (j) The term ‘‘Federal Trade Commission Act’’ means the Act of Congress entitled ‘‘An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes’’, ap- proved September 26, 1914, as amended [15 U.S.C. 41 et seq.]. (June 30, 1953, ch. 164, § 2, 67 Stat. 111; Pub. L. 90–189, § 1, Dec. 14, 1967, 81 Stat. 568; Pub. L. 110–314, title II, § 204(c)(2)(A), Aug. 14, 2008, 122 Stat. 3042.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in par. (j), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Ta- bles. AMENDMENTS 2008—Par. (i). Pub. L. 110–314 added par. (i) and struck out former par. (i) which read as follows: ‘‘The term ‘Commission’ means the Federal Trade Commission.’’ 1967—Par. (b). Pub. L. 90–189, § 1(1), reduced from cap- ital to lower-case the first letter of ‘‘territory’’ wher- ever appearing and redefined ‘‘commerce’’ to include commerce between the Commonwealth of Puerto Rico and any State or territory or foreign nation or the Dis- trict of Columbia. Par. (c). Pub. L. 90–189, § 1(2), reduced from capital to lower-case the first letter of ‘‘territory’’ wherever ap- pearing. Page 1343 TITLE 15—COMMERCE AND TRADE § 1191 Par. (d). Pub. L. 90–189, § 1(3), struck out provisions which excepted hats, gloves, and footwear from defini- tion of ‘‘article of wearing apparel’’ provided that: such hats did not constitute or form part of a covering for the neck, face, or shoulders when worn by individuals; such gloves were not more than fourteen inches in length and were not affixed to or did not form an inte- gral part of another garment; and such footwear did not consist of hosiery in whole or in part and was not affixed to or did not form an integral part of another garment. Par. (e). Pub. L. 90–189, § 1(5), (6), added par. (e) and re- designated former par. (e) as (f). Par. (f). Pub. L. 90–189, § 1(4), (5), (7), redesignated par. (e) as (f), substituted ‘‘(except fiber, filament, or yarn for other than retail sale)’’ for ‘‘(other than fiber, fila- ment, or yarn)’’ and ‘‘for use or which may reasonably be expected to be used, in any product as defined in subsection (h)’’ for ‘‘or sold for use in wearing apparel except that interlining fabrics when intended or sold for use in wearing apparel shall not be subject to this chapter’’, and struck out former par. (f) which defined ‘‘interlining’’. Pars. (g) to (j). Pub. L. 90–189, § 1(5), (8), added pars. (g) and (h) and redesignated former pars. (g) and (h) as (i) and (j), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act June 30, 1953, ch. 164, § 12, 67 Stat. 115, provided: ‘‘This Act [enacting this chapter] shall take effect one year after the date of its passage [June 30, 1953].’’ SHORT TITLE Act June 30, 1953, ch. 164, § 1, 67 Stat. 111, provided: ‘‘This Act [enacting this chapter] may be cited as the ‘Flammable Fabrics Act’.’’ SAVINGS PROVISION Pub. L. 90–189, § 11, Dec. 14, 1967, 81 Stat. 574, provided that: ‘‘Notwithstanding the provisions of this Act [amending this section and sections 1192 to 1195, 1197, 1198, and 1200 of this title and enacting sections 1201 to 1204 of this title], the standards of flammability in ef- fect under the provisions of the Flammable Fabrics Act, as amended [this chapter], on the day preceding the date of enactment of this Act [Dec. 14, 1967], shall continue in effect for the fabrics and articles of wear- ing apparel to which they are applicable until super- seded or modified by the Secretary of Commerce pursu- ant to the authority conferred by the amendments made by this Act.’’ APPROPRIATIONS Act June 30, 1953, ch. 164, § 13, 67 Stat. 115, as amended by Pub. L. 90–189, § 9, Dec. 14, 1967, 81 Stat. 573; Pub. L. 92–542, Oct. 25, 1972, 86 Stat. 1108, appropriated $1,500,000 for the fiscal year ending June 30, 1968, $2,250,000 each for the fiscal year ending June 30, 1969, and the fiscal year ending June 30, 1970, and $4,000,000 for the fiscal year ending June 30, 1973, to carry out the provisions of this chapter. COVID–19 REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT Pub. L. 116–260, div. FF, title XXI, § 2101, Dec. 27, 2020, 134 Stat. 3303, provided that: ‘‘(a) SHORT TITLE.—This title may be cited as the ‘COVID–19 Regulatory Relief and Work From Home Safety Act’. ‘‘(b) DEFINITIONS.—In this Act [probably means ‘‘this title’’]— ‘‘(1) the term ‘bedding product’ means— ‘‘(A) an item that is used for sleeping or sleep-re- lated purposes; or ‘‘(B) any component or accessory with respect to an item described in subparagraph (A), without re- gard to whether the component or accessory, as ap- plicable, is used— ‘‘(i) alone; or ‘‘(ii) along with, or contained within, that item; ‘‘(2) the term ‘California standard’ means the stand- ard set forth by the Bureau of Electronic and Appli- ance Repair, Home Furnishings and Thermal Insula- tion of the Department of Consumer Affairs of the State of California in Technical Bulletin 117–2013, en- titled ‘Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture’, originally published June 2013, as in effect on the date of enactment of this Act [Dec. 27, 2020]; ‘‘(3) the terms ‘foundation’ and ‘mattress’ have the meanings given those terms in section 1633.2 of title 16, Code of Federal Regulations, as in effect on the date of enactment of this Act [Dec. 27, 2020]; and ‘‘(4) the term ‘upholstered furniture’— ‘‘(A) means an article of seating furniture that— ‘‘(i) is intended for indoor use; ‘‘(ii) is movable or stationary; ‘‘(iii) is constructed with an upholstered seat, back, or arm; ‘‘(iv) is— ‘‘(I) made or sold with a cushion or pillow, without regard to whether that cushion or pil- low, as applicable, is attached or detached with respect to the article of furniture; or ‘‘(II) stuffed or filled, or able to be stuffed or filled, in whole or in part, with any material, including a substance or material that is hidden or concealed by fabric or another covering, in- cluding a cushion or pillow belonging to, or forming a part of, the article of furniture; and ‘‘(v) together with the structural units of the article of furniture, any filling material, and the container and covering with respect to those structural units and that filling material, can be used as a support for the body of an individual, or the limbs and feet of an individual, when the indi- vidual sits in an upright or reclining position; ‘‘(B) includes an article of furniture that is in- tended for use by a child; and ‘‘(C) does not include— ‘‘(i) a mattress; ‘‘(ii) a foundation; ‘‘(iii) any bedding product; or ‘‘(iv) furniture that is used exclusively for the purpose of physical fitness and exercise. ‘‘(c) ADOPTION OF STANDARD.— ‘‘(1) IN GENERAL.—Beginning on the date that is 180 days after the date of enactment of this Act [Dec. 27, 2020], and except as provided in paragraph (2), the California standard shall be considered to be a flam- mability standard promulgated by the Consumer Product Safety Commission under section 4 of the Flammable Fabrics Act (15 U.S.C. 1193). ‘‘(2) TESTING AND CERTIFICATION.—A fabric, related material, or product to which the California standard applies as a result of paragraph (1) shall not be sub- ject to section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)) with respect to that standard. ‘‘(3) CERTIFICATION LABEL.—Each manufacturer of a product that is subject to the California standard as a result of paragraph (1) shall include the statement ‘Complies with U.S. CPSC requirements for uphol- stered furniture flammability’ on a permanent label located on the product, which shall be considered to be a certification that the product complies with that standard. ‘‘(d) PREEMPTION.— ‘‘(1) IN GENERAL.—Notwithstanding section 16 of the Flammable Fabrics Act (15 U.S.C. 1203) and section 231 of the Consumer Product Safety Improvement Act of 2008 [Pub. L. 110–314] (15 U.S.C. 2051 note), and ex- cept as provided in subparagraphs (B) and (C) of para- graph (2), no State or any political subdivision of a State may establish or continue in effect any provi- sion of a flammability law, regulation, code, stand- Page 1344 TITLE 15—COMMERCE AND TRADE § 1192 ard, or requirement that is designed to protect against the risk of occurrence of fire, or to slow or prevent the spread of fire, with respect to upholstered furniture. ‘‘(2) PRESERVATION OF CERTAIN STATE LAW.—Nothing in this Act [probably means ‘‘this title’’] or the Flam- mable Fabrics Act (15 U.S.C. 1191 et seq.) may be con- strued to preempt or otherwise affect— ‘‘(A) any State or local law, regulation, code, standard, or requirement that— ‘‘(i) concerns health risks associated with up- holstered furniture; and ‘‘(ii) is not designed to protect against the risk of occurrence of fire, or to slow or prevent the spread of fire, with respect to upholstered fur- niture; ‘‘(B) sections 1374 through 1374.3 of title 4, Cali- fornia Code of Regulations (except for subsections (b) and (c) of section 1374 of that title), as in effect on the date of enactment of this Act [Dec. 27, 2020]; or ‘‘(C) the California standard.’’ HAZARDOUS SUBSTANCES Federal Hazardous Substances Act as not modifying this chapter or regulations promulgated thereunder, see Pub. L. 86–613, § 18, (formerly § 17), July 12, 1960, 74 Stat. 380, as amended Pub. L. 89–756, § 4(a), Nov. 3, 1966, 80 Stat. 1305; renumbered and amended Pub. L. 91–113, § 4(a), (b)(1), Nov. 6, 1969, 83 Stat. 190, set out as a note under section 1261 of this title. § 1192. Prohibited transactions (a) Nonconforming products The manufacture for sale, the sale, or the of- fering for sale, in commerce, or the importation into the United States, or the introduction, de- livery for introduction, transportation or caus- ing to be transported, in commerce, or the sale or delivery after a sale or shipment in com- merce, of any product, fabric, or related mate- rial which fails to conform to an applicable standard or regulation issued or amended under the provisions of section 1193 of this title, shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Nonconforming components The manufacture for sale, the sale, or the of- fering for sale, of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under section 1193 of this title, and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (June 30, 1953, ch. 164, § 3, 67 Stat. 111; Pub. L. 90–189, § 2, Dec. 14, 1967, 81 Stat. 568.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Ta- bles. AMENDMENTS 1967—Subsec. (a). Pub. L. 90–189 substituted ‘‘or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of section 1193 of this title’’ for ‘‘or for the purpose of sale or delivery after sale in commerce, of any article of wearing ap- parel which under the provisions of section 1193 of this title is so highly flammable as to be dangerous when worn by individuals’’. Subsecs. (b), (c). Pub. L. 90–189 struck out former sub- sec. (b) which made the sale or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, trans- portation or causing to be transported in commerce or for the purpose of sale or delivery after sale in com- merce, of any fabric which under the provisions of sec- tion 1193 of this title was so highly flammable as to be dangerous when worn by individuals unlawful and an unfair method of competition and an unfair and decep- tive act or practice in commerce under the Federal Trade Commission Act, redesignated subsec. (c) as (b) and, in subsec. (b) as so redesignated, substituted ‘‘product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under section 1193 of this title’’ for ‘‘article of wearing apparel made of fabric which under section 1193 of this title is so highly flammable as to be dangerous when worn by individuals’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Con- sumer Product Safety Commission, along with func- tions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. § 1193. Flammability standards or regulations (a) Proceedings by Commission for determina- tion Whenever the Commission finds on the basis of the investigations or research conducted pursu- ant to section 1201 of this title that a new or amended flammability standard or other regula- tion, including labeling, for a fabric, related ma- terial, or product may be needed to protect the public against unreasonable risk of the occur- rence of fire leading to death or personal injury, or significant property damage, it shall insti- tute proceedings for the determination of an ap- propriate flammability standard (including con- ditions and manner of testing) or other regula- tion or amendment thereto for such fabric, re- lated material, or product. (b) Necessary findings; effective date; exemp- tions Each standard, regulation, or amendment thereto promulgated pursuant to this section shall be based on findings that such standard, regulation, or amendment thereto is needed to adequately protect the public against unreason- able risk of the occurrence of fire leading to death, injury, or significant property damage, is reasonable, technologically practicable, and ap- propriate, is limited to such fabrics, related ma- terials, or products which have been determined to present such unreasonable risks, and shall be stated in objective terms. Each such standard, regulation, or amendment thereto, shall become effective twelve months from the date on which such standard, regulation, or amendment is pro-