15 U.S.C. § 2057c — Prohibition on sale of certain products

Page 1726 TITLE 15—COMMERCE AND TRADE § 2057b purpose approved under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. (c) Definitions For purposes of this section: (1) The term ‘‘butyl nitrite’’ includes n-butyl nitrite, isobutyl nitrite, secondary butyl ni- trite, tertiary butyl nitrite, and mixtures con- taining these chemicals. (2) The term ‘‘commercial purpose’’ means any commercial purpose other than for the production of consumer products containing butyl nitrite that may be used for inhaling or otherwise introducing butyl nitrite into the human body for euphoric or physical effects. (d) Effective date This section shall take effect 90 days after No- vember 18, 1988. (Pub. L. 100–690, title II, § 2404, Nov. 18, 1988, 102 Stat. 4231.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see section 301 of Title 21 and Tables. CODIFICATION Section was enacted as part of the Anti-Drug Abuse Act of 1988, and not as part of the Consumer Product Safety Act which comprises this chapter. § 2057b. Banning of isopropal nitrite and other nitrites (a) In general Except as provided in subsection (b), volatile alkyl nitrite shall be considered a banned haz- ardous 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 volatile alkyl nitrites for any commercial purpose or any other purpose approved under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. (c) ‘‘Commercial purpose’’ defined For purposes of this section, the term ‘‘com- mercial purpose’’ means any commercial pur- pose other than for the production of consumer products containing volatile alkyl nitrites that may be used for inhaling or otherwise intro- ducing volatile alkyl nitrites into the human body for euphoric or physical effects. (d) Effective date This section shall take effect 90 days after No- vember 29, 1990. (Pub. L. 101–647, title XXXII, § 3202, Nov. 29, 1990, 104 Stat. 4917.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see section 301 of Title 21 and Tables. CODIFICATION Section was enacted as part of the Crime Control Act of 1990, and not as part of the Consumer Product Safety Act which comprises this chapter. § 2057c. Prohibition on sale of certain products containing specified phthalates (a) Prohibition on the sale of certain products containing phthalates Beginning on the date that is 180 days after August 14, 2008, it shall be unlawful for any per- son to manufacture for sale, offer for sale, dis- tribute in commerce, or import into the United States any children’s toy or child care article that contains concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthal- ate (BBP). (b) Prohibition on the sale of additional products containing certain phthalates (1) Interim prohibition Beginning on the date that is 180 days after August 14, 2008, and until a final rule is pro- mulgated under paragraph (3), it shall be un- lawful for any person to manufacture for sale, offer for sale, distribute in commerce, or im- port into the United States any children’s toy that can be placed in a child’s mouth or child care article that contains concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n- octyl phthalate (DnOP). (2) Chronic Hazard Advisory Panel (A) Appointment Not earlier than 180 days after August 14, 2008, the Commission shall begin the process of appointing a Chronic Hazard Advisory Panel pursuant to the procedures of section 28 of the Consumer Product Safety Act (15 U.S.C. 2077) to study the effects on children’s health of all phthalates and phthalate alter- natives as used in children’s toys and child care articles. (B) Examination The panel shall, within 18 months after its appointment under subparagraph (A), com- plete an examination of the full range of phthalates that are used in products for chil- dren and shall— (i) examine all of the potential health ef- fects (including endocrine disrupting ef- fects) of the full range of phthalates; (ii) consider the potential health effects of each of these phthalates both in isola- tion and in combination with other phthalates; (iii) examine the likely levels of chil- dren’s, pregnant women’s, and others’ ex- posure to phthalates, based on a reason- able estimation of normal and foreseeable use and abuse of such products; (iv) consider the cumulative effect of total exposure to phthalates, both from Page 1727 TITLE 15—COMMERCE AND TRADE § 2057c 1 See References in Text note below. children’s products and from other sources, such as personal care products; (v) review all relevant data, including the most recent, best-available, peer-re- viewed, scientific studies of these phthalates and phthalate alternatives that employ objective data collection practices or employ other objective methods; (vi) consider the health effects of phthalates not only from ingestion but also as a result of dermal, hand-to-mouth, or other exposure; (vii) consider the level at which there is a reasonable certainty of no harm to chil- dren, pregnant women, or other suscep- tible individuals and their offspring, con- sidering the best available science, and using sufficient safety factors to account for uncertainties regarding exposure and susceptibility of children, pregnant women, and other potentially susceptible individuals; and (viii) consider possible similar health ef- fects of phthalate alternatives used in children’s toys and child care articles. The panel’s examinations pursuant to this paragraph shall be conducted de novo. The findings and conclusions of any previous Chronic Hazard Advisory Panel on this issue and other studies conducted by the Commis- sion shall be reviewed by the panel but shall not be considered determinative. (C) Report Not later than 180 days after completing its examination, the panel appointed under subparagraph (A) shall report to the Com- mission the results of the examination con- ducted under this section and shall make recommendations to the Commission regard- ing any phthalates (or combinations of phthalates) in addition to those identified in subsection (a) or phthalate alternatives that the panel determines should be declared banned hazardous substances. (3) Permanent prohibition by rule Not later than 180 days after receiving the report of the panel under paragraph (2)(C), the Commission shall, pursuant to section 553 of title 5, promulgate a final rule to— (A) determine, based on such report, whether to continue in effect the prohibition under paragraph (1), in order to ensure a rea- sonable certainty of no harm to children, pregnant women, or other susceptible indi- viduals with an adequate margin of safety; and (B) evaluate the findings and recommenda- tions of the Chronic Hazard Advisory Panel and declare any children’s product con- taining any phthalates to be a banned haz- ardous product under section 8 of the Con- sumer Product Safety Act (15 U.S.C. 2057), as the Commission determines necessary to protect the health of children. (c) Application Effective on August 12, 2011,1 subsections (a) and (b)(1) and any rule promulgated under sub- section (b)(3) shall apply to any plasticized com- ponent part of a children’s toy or child care arti- cle or any other component part of a children’s toy or child care article that is made of other materials that may contain phthalates. (d) Exclusion for inaccessible component parts (1) In general The prohibitions established under sub- sections (a) and (b) shall not apply to any component part of a children’s toy or child care article that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product, as determined by the Commission. A component part is not accessible under this paragraph if such compo- nent part is not physically exposed by reason of a sealed covering or casing and does not be- come physically exposed through reasonably foreseeable use and abuse of the product. Rea- sonably foreseeable use and abuse shall in- clude swallowing, mouthing, breaking, or other children’s activities, and the aging of the product. (2) Limitation The Commission may revoke an exclusion or all exclusions granted under paragraph (1) at any time and require that any or all compo- nent parts manufactured after such exclusion is revoked comply with the prohibitions estab- lished under subsections (a) and (b) if the Com- mission finds, based on scientific evidence, that such compliance is necessary to protect the public health or safety. (3) Inaccessibility proceeding Within 1 year after August 12, 2011, the Com- mission shall— (A) promulgate a rule providing guidance with respect to what product components, or classes of components, will be considered to be inaccessible for purposes of paragraph (1); or (B) adopt the same guidance with respect to inaccessibility that was adopted by the Commission with regards to accessibility of lead under section 1278a(b)(2)(B) of this title, with additional consideration, as appro- priate, of whether such component can be placed in a child’s mouth. (4) Application pending commission guidance Until the Commission promulgates a rule pursuant to paragraph (3), the determination of whether a product component is inacces- sible to a child shall be made in accordance with the requirements laid out in paragraph (1) for considering a component to be inacces- sible to a child. (e) Treatment of violation A violation of subsection (a) or (b)(1) or any rule promulgated by the Commission under sub- section (b)(3) shall be treated as a violation of section 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)). (f) Treatment as consumer product safety stand- ards; effect on State laws Subsections (a) and (b)(1) and any rule promul- gated under subsection (b)(3) shall be considered consumer product safety standards under the Page 1728 TITLE 15—COMMERCE AND TRADE § 2057d Consumer Product Safety Act [15 U.S.C. 2051 et seq.]. Nothing in this section or the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed to preempt or otherwise affect any State requirement with respect to any phthalate alternative not specifically regulated in a con- sumer product safety standard under the Con- sumer Product Safety Act. (g) Definitions (1) Defined terms As used in this section: (A) The term ‘‘phthalate alternative’’ means any common substitute to a phthal- ate, alternative material to a phthalate, or alternative plasticizer. (B) The term ‘‘children’s toy’’ means a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays. (C) The term ‘‘child care article’’ means a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething. (D) The term ‘‘consumer product’’ has the meaning given such term in section 3(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)). (2) Determination guidelines (A) Age In determining whether products described in paragraph (1) are designed or intended for use by a child of the ages specified, the fol- lowing factors shall be considered: (i) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (ii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by chil- dren of the ages specified. (iii) Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified. (iv) The Age Determination guidelines issued by the Commission staff in Sep- tember 2002 and any successor to such guidelines. (B) Toy that can be placed in a child’s mouth For purposes of this section a toy can be placed in a child’s mouth if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the children’s product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth. (Pub. L. 110–314, title I, § 108, Aug. 14, 2008, 122 Stat. 3036; Pub. L. 112–28, § 5(a), Aug. 12, 2011, 125 Stat. 280.) Editorial Notes REFERENCES IN TEXT August 12, 2011, referred to in subsec. (c), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 112–28, which enacted subsec. (c), to reflect the probable intent of Congress. The Consumer Product Safety Act, referred to in sub- sec. (f), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 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—Subsecs. (c) to (g). Pub. L. 112–28 added subsecs. (c) and (d) and redesignated former subsecs. (c) to (e) as (e) to (g), respectively. 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. § 2057d. Banning of inclined sleepers for infants (a) In general Not later than 180 days after May 16, 2022, in- clined sleepers for infants, regardless of the date of manufacture, shall be considered a banned hazardous product under section 2057 of this title. (b) Inclined sleeper for infants defined In this section, the term ‘‘inclined sleeper for infants’’ means a product with an inclined sleep surface greater than ten degrees that is in- tended, marketed, or designed to provide sleep- ing accommodations for an infant up to 1 year old. (Pub. L. 117–126, § 2, May 16, 2022, 136 Stat. 1208.) Editorial Notes CODIFICATION Section was enacted as part of the Safe Sleep for Ba- bies Act of 2021, and not as part of the Consumer Prod- uct Safety Act which comprises this chapter. § 2057e. Banning of crib bumpers (a) In general Not later than 180 days after May 16, 2022, crib bumpers, regardless of the date of manufacture, shall be considered a banned hazardous product under section 2057 of this title. (b) Crib bumper defined In this section, the term ‘‘crib bumper’’— (1) means any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening; (2) includes a padded crib bumper, a sup- ported and unsupported vinyl bumper guard, and vertical crib slat covers; and (3) does not include a non-padded mesh crib liner.