15 U.S.C. § 1192 — Prohibited transactions

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-