15 U.S.C. § 2052 — Definitions

Page 1699 TITLE 15—COMMERCE AND TRADE § 2052 and Zachary Burt Memorial Carbon Monoxide Poi- soning Prevention Act of 2022’.’’ SHORT TITLE OF 2013 AMENDMENT Pub. L. 112–266, § 1, Jan. 14, 2013, 126 Stat. 2437, pro- vided that: ‘‘This Act [enacting section 2056c of this title and provisions set out as notes under section 2056c of this title] may be cited as the ‘Drywall Safety Act of 2012’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–314, § 1(a), Aug. 14, 2008, 122 Stat. 3016, pro- vided that: ‘‘This Act [enacting sections 1278a, 1477, 2053a, 2055a, 2056a, 2056b, 2057c, 2076b, 2086 to 2089, and 8008 of this title, amending sections 1191, 1193, 1194, 1196, 1201 to 1204, 1261 to 1266, 1269 to 1276, 1278, 1472, 2052, 2054, 2055, 2058, 2060, 2063 to 2070, 2073, 2076, 2077 to 2079, 2081, 2082, 8002, and 8003 of this title, enacting provi- sions set out as notes under this section and sections 1194, 2053, 2060, 2063, 2066, 2069, and 2076 of this title, amending provisions set out as notes under sections 401 and 1261 of this title and section 1113 of Title 31, Money and Finance, and repealing provisions set out as a note under section 2053 of this title] may be cited as the ‘Consumer Product Safety Improvement Act of 2008’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–608, § 1, Nov. 16, 1990, 104 Stat. 3110, pro- vided that: ‘‘This Act [enacting sections 2076a and 2084 of this title, amending sections 1193, 1194, 1262, 1274, 2053, 2055, 2056, 2058, 2061, 2064, 2066, 2069, 2077, and 2081 of this title, and enacting provisions set out as notes under sections 2053, 2054, 2056, 2076, and 2084 of this title] may be cited as the ‘Consumer Product Safety Improvement Act of 1990’.’’ SHORT TITLE OF 1981 AMENDMENT Pub. L. 97–35, title XII, § 1201(a), Aug. 13, 1981, 95 Stat. 703, provided that: ‘‘This subtitle [subtitle A (§§ 1201–1215) of title XII of Pub. L. 97–35, enacting sec- tions 1204, 1276, 2077, and 2083 of this title, amending sections 1193, 1201, 1262, 1263, 1274, 2052, 2054 to 2058, 2060, 2061, 2064, 2069, 2072, 2073, 2076, 2080, and 2081 of this title, repealing sections 1204, 1475, 2059, 2062, and 2077 of this title, and enacting provisions set out as a note under section 2052 of this title] may be cited as the ‘Consumer Product Safety Amendments of 1981’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–319, § 1, July 11, 1978, 92 Stat. 386, provided: ‘‘That this Act [enacting section 2082 of this title, amending section 2068 of this title, and enacting provi- sion set out as a note under section 2082 of this title] may be cited as the ‘Emergency Interim Consumer Product Safety Standard Act of 1978’.’’ SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–284, § 1, May 11, 1976, 90 Stat. 503, provided that: ‘‘This Act [amending sections 1193, 1203, 1204, 1261, 1471, 1476, 2052, 2053, 2056, 2058 to 2060, 2064, 2068, 2069, 2071 to 2073, 2075, 2076, 2078, 2079, and 2081 of this title, and section 1114 of Title 18, Crimes and Criminal Proce- dure, and enacting provisions set out as notes under sections 1193, 1261, and 2080 of this title] may be cited as the ‘Consumer Product Safety Commission Improve- ments Act of 1976’.’’ SHORT TITLE Pub. L. 92–573, § 1, Oct. 27, 1972, 86 Stat. 1207, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 5314 and 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under this section] may be cited as the ‘Con- sumer Product Safety Act’.’’ AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS Pub. L. 110–314, § 3, Aug. 14, 2008, 122 Stat. 3017, pro- vided that: ‘‘The Commission may issue regulations, as necessary, to implement this Act [see Short Title of 2008 Amendment note above] and the amendments made by this Act.’’ SEVERABILITY Pub. L. 110–314, title II, § 239(b), Aug. 14, 2008, 122 Stat. 3076, provided that: ‘‘If any provision of this Act [see Short Title of 2008 Amendment note above] or the amendments made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons not similarly situated or to other cir- cumstances, shall not be affected by such invalida- tion.’’ Pub. L. 92–573, § 33, Oct. 27, 1972, 86 Stat. 1233, provided that: ‘‘If any provision of this Act [see Short Title note above], or the application of such provision to any per- son or circumstance, shall be held invalid, the remain- der of this Act, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.’’ PREEMPTION Pub. L. 110–314, title II, § 231, Aug. 14, 2008, 122 Stat. 3070, provided that: ‘‘(a) RULE WITH REGARD TO PREEMPTION.—The provi- sions of sections 25 and 26 of the Consumer Product Safety Act (15 U.S.C. 2074 and 2075, respectively), sec- tion 18 of the Federal Hazardous Substances Act ([Pub. L. 86–613] 15 U.S.C. 1261 note), section 16 of the Flam- mable Fabrics Act (15 U.S.C. 1203), and section 7 of the Poison Packaging Prevention Act of 1970 [Poison Pre- vention Packaging Act of 1970] (15 U.S.C. 1476) estab- lishing the extent to which those Acts preempt, limit, or otherwise affect any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law may not be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation thereunder, or by reference in any preamble, statement of policy, execu- tive branch statements, or other matter associated with the publication of any such rule or regulation. In accordance with the provisions of those Acts, the Com- mission may not construe any such Act as preempting any cause of action under State or local common law or State statutory law regarding damage claims. ‘‘(b) PRESERVATION OF CERTAIN STATE LAW.—Nothing in this Act [see Short Title of 2008 Amendment note above] or the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.] shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003.’’ DEFINITIONS Pub. L. 110–314, § 2(a), Aug. 14, 2008, 122 Stat. 3017, pro- vided that: ‘‘(a) DEFINED TERMS.—As used in this Act [see Short Title of 2008 Amendment note above]— ‘‘(1) the term ‘appropriate Congressional commit- tees’ means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and ‘‘(2) the term ‘Commission’ means the Consumer Product Safety Commission.’’ § 2052. Definitions (a) In general In this chapter: (1) Appropriate Congressional committees The term ‘‘appropriate Congressional com- mittees’’ means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Page 1700 TITLE 15—COMMERCE AND TRADE § 2052 1 See References in Text note below. (2) Children’s product The term ‘‘children’s product’’ means a con- sumer product designed or intended primarily for children 12 years of age or younger. In de- termining whether a consumer product is pri- marily intended for a child 12 years of age or younger, the following factors shall be consid- ered: (A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or adver- tising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly rec- ognized by consumers as being intended for use by a child 12 years of age or younger. (D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. (3) Commerce The term ‘‘commerce’’ means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (4) Commission The term ‘‘Commission’’ means the Con- sumer Product Safety Commission, estab- lished by section 2053 of this title. (5) Consumer product The term ‘‘consumer product’’ means any ar- ticle, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary house- hold or residence, a school, in recreation, or otherwise, or (ii) for the personal use, con- sumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or other- wise; but such term does not include— (A) any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a con- sumer, (B) tobacco and tobacco products, (C) motor vehicles or motor vehicle equip- ment (as defined by section 30102(a)(6) and (7) of title 49 1), (D) pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]), (E) any article which, if sold by the manu- facturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181] (determined without regard to any ex- emptions from such tax provided by section 4182 or 4221, or any other provision of such Code), or any component of any such article, (F) aircraft, aircraft engines, propellers, or appliances (as defined in section 40102(a) of title 49), (G) boats which could be subjected to safe- ty regulation under chapter 43 of title 46; vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation under title 52 of the Re- vised Statutes or other marine safety stat- utes administered by the department in which the Coast Guard is operating; and equipment (including associated equipment, as defined in section 2101(1) of title 46) to the extent that a risk of injury associated with the use of such equipment on boats or ves- sels could be eliminated or reduced by ac- tions taken under any statute referred to in this subparagraph, (H) drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(g), (h), and (i)]), or (I) food. The term ‘‘food’’, as used in this subparagraph means all ‘‘food’’, as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(f)], including poultry and poultry products (as defined in sections 4(e) and (f) of the Poultry Products Inspection Act [21 U.S.C. 453(e) and (f)]), meat, meat food products (as defined in sec- tion 1(j) of the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and eggs and egg products (as defined in section 4 of the Egg Products Inspection Act [21 U.S.C. 1033]). Such term includes any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, which is customarily controlled or directed by an indi- vidual who is employed for that purpose and who is not a consumer with respect to such de- vice, and which is not permanently fixed to a site. Such term does not include such a device which is permanently fixed to a site. Except for the regulation under this chapter or the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.] of fireworks devices or any sub- stance intended for use as a component of any such device, the Commission shall have no au- thority under the functions transferred pursu- ant to section 2079 of this title to regulate any product or article described in subparagraph (E) of this paragraph or described, without re- gard to quantity, in section 845(a)(5) of title 18. See sections 2079(d) 1 and 2080 of this title, for other limitations on Commission’s authority to regulate certain consumer products. (6) Consumer product safety rule The term ‘‘consumer product safety rule’’ means a consumer products safety standard described in section 2056(a) of this title, or a rule under this chapter declaring a consumer product a banned hazardous product. (7) Distribute in commerce; distribution in commerce The terms ‘‘to distribute in commerce’’ and ‘‘distribution in commerce’’ mean to sell in commerce, to introduce or deliver for intro- duction into commerce, or to hold for sale or distribution after introduction into commerce. Page 1701 TITLE 15—COMMERCE AND TRADE § 2052 2 So in original. Probably should refer to paragraph (15). (8) Distributor The term ‘‘distributor’’ means a person to whom a consumer product is delivered or sold for purposes of distribution in commerce, ex- cept that such term does not include a manu- facturer or retailer of such product. (9) Import; importation The terms ‘‘import’’ and ‘‘importation’’ in- clude reimporting a consumer product manu- factured or processed, in whole or in part, in the United States. (10) Manufactured The term ‘‘manufactured’’ means to manu- facture, produce, or assemble. (11) Manufacturer The term ‘‘manufacturer’’ means any person who manufactures or imports a consumer product. (12) Private labeler (A) The term ‘‘private labeler’’ means an owner of a brand or trademark on the label of a consumer product which bears a private label. (B) A consumer product bears a private label if (i) the product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of the product, (ii) the person with whose brand or trademark the product (or container) is labeled has author- ized or caused the product to be so labeled, and (iii) the brand or trademark of a manufac- turer of such product does not appear on such label. (13) Retailer The term ‘‘retailer’’ means a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer. (14) Risk of injury The term ‘‘risk of injury’’ means a risk of death, personal injury, or serious or frequent illness. (15) State The term ‘‘State’’ means a State, the Dis- trict of Columbia, the Commonwealth of Puer- to Rico, the Virgin Islands, Guam, Wake Is- land, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, or the Trust Territory of the Pacific Islands. (16) Third-party logistics provider The term ‘‘third-party logistics provider’’ means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product. (17) United States The term ‘‘United States’’, when used in the geographic sense, means all of the States (as defined in paragraph (10)).2 (b) Common carriers, contract carriers, third- party logistics provider, and freight for- warders A common carrier, contract carrier, third- party logistics provider, or freight forwarder shall not, for purposes of this chapter, be deemed to be a manufacturer, distributor, or re- tailer of a consumer product solely by reason of receiving or transporting a consumer product in the ordinary course of its business as such a car- rier or forwarder. (Pub. L. 92–573, § 3, Oct. 27, 1972, 86 Stat. 1208; Pub. L. 94–284, § 3(b), (d), May 11, 1976, 90 Stat. 503; Pub. L. 97–35, title XII, § 1213, Aug. 13, 1981, 95 Stat. 724; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 110–314, title II, § 235(a)–(c)(1), Aug. 14, 2008, 122 Stat. 3074.) Editorial Notes REFERENCES IN TEXT Section 2079(d) of this title, referred to in subsec. (a)(5), was repealed by Pub. L. 110–314, title II, § 237, Aug. 14, 2008, 122 Stat. 3076. Section 30102(a)(6) and (7) of title 49, referred to in subsec. (a)(5)(C), was redesignated section 30102(a)(7) and (8) of title 49 by section 24109(b)(2) of Pub. L. 114–94, div. B, title XXIV, Dec. 4, 2015, 129 Stat. 1706. The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (a)(5)(D), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to sub- chapter II (§ 136 et seq.) of chapter 6 of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. Title 52 of the Revised Statutes, referred to in subsec. (a)(5)(G), consisted of R.S. §§ 4399 to 4500, which were classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of former Title 46, Shipping. For complete classi- fication of R.S. §§ 4399 to 4500 to the Code, see Tables. A majority of such sections of the Revised Statutes were repealed and various provisions thereof were reen- acted in Title 46, Shipping, by Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of former Title 46 into revised Title 46, Shipping, see Disposition Table preceding section 101 of Title 46. The Federal Hazardous Substances Act, referred to in the provisions following subsec. (a)(5)(I), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified gen- erally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables. For definition of Canal Zone, referred to in subsec. (a)(15), see section 3602(b) of Title 22, Foreign Relations and Intercourse. CODIFICATION In subsec. (a)(5)(C), (F), ‘‘section 30102(a)(6) and (7) of title 49’’ substituted for ‘‘sections 102(3) and (4) of the National Traffic and Motor Vehicle Safety Act of 1966 [15 U.S.C. 1391(3) and (4)]’’ and ‘‘section 40102(a) of title 49’’ substituted for ‘‘section 101 of the Federal Aviation Act of 1958 [49 App. U.S.C. 1301]’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. In subsec. (a)(5)(G), ‘‘chapter 43 of title 46’’ and ‘‘sec- tion 2101(1) of title 46’’ substituted for ‘‘the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 et seq.)’’ and ‘‘section 3(8) of the Federal Boat Safety Act of 1971 [46 U.S.C. 1452(8)]’’, respectively, on authority of Pub. L. 98–89, § 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of which enacted Title 46, Shipping. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–314, § 235(b)(2)–(4), re- aligned margins, inserted par. headings, reordered pars. Page 1702 TITLE 15—COMMERCE AND TRADE § 2053 in alphabetical order based on headings of pars., and re- numbered pars. as so reordered. Pub. L. 110–314, § 235(b)(1), which directed amendment of subsec. (a) by substituting subsec. heading and intro- ductory provisions for ‘‘for purposes of this chapter:’’, was executed by making the substitution for ‘‘For pur- poses of this chapter:’’ to reflect the probable intent of Congress. Subsec. (a)(15) to (17). Pub. L. 110–314, § 235(a), added pars. (15) defining ‘‘appropriate Congressional commit- tees’’, (16) defining ‘‘children’s product’’, and (17) defin- ing ‘‘third-party logistics providers’’. Subsec. (b). Pub. L. 110–314, § 235(b)(5), (c)(1), inserted heading and inserted ‘‘third-party logistics provider,’’ after ‘‘contract carrier,’’ in text. 1986—Subsec. (a)(1)(E). Pub. L. 99–514 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1981—Subsec. (a)(1). Pub. L. 97–35 inserted provisions that term ‘‘consumer product’’ includes any mechan- ical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its pas- sengers amusement, which is customarily controlled or directed by an individual who is employed for that pur- pose and who is not a consumer with respect to such de- vice, and which is not permanently fixed to a site and that such term does not include such a device which is permanently fixed to a site. 1976—Subsec. (a)(1). Pub. L. 94–284 substituted in sub- par. (D) ‘‘pesticides’’ for ‘‘economic poisons’’, and in provision following subpar. (I) ‘‘other limitations’’ for ‘‘limitations’’, and inserted provision which limited the authority of the Commission to regulate any product or article described in subpar. (E). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title XII, § 1215, Aug. 13, 1981, 95 Stat. 724, provided that: ‘‘(a) Except as provided in subsection (b), the amend- ments made by this subtitle [see Short Title of 1981 Amendment note set out under section 2051 of this title] shall take effect on the date of the enactment of this Act [Aug. 13, 1981]. ‘‘(b) The amendments made by section 1207 [enacting sections 1204, 1276, and 2083 of this title and amending section 2076 of this title] shall apply with respect to consumer product safety rules under the Consumer Product Safety Act [this chapter] and regulations under the Federal Hazardous Substances Act [section 1261 et seq. of this title] and the Flammable Fabrics Act [section 1191 et seq. of this title] promulgated by the Consumer Product Safety Commission after the date of the enactment of this Act [Aug. 13, 1981]; and the amendments made by sections 1202, 1203, and 1206 of this subtitle [enacting section 2077 of this title and amending sections 1193, 1262, 2056, 2057, 2058, and 2080 of this title] shall apply with respect to regulations under the Consumer Product Safety Act, the Federal Haz- ardous Substances Act, and the Flammable Fabrics Act for which notices of proposed rulemaking are issued after August 14, 1981.’’ 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2053. Consumer Product Safety Commission (a) Establishment; Chairman An independent regulatory commission is hereby established, to be known as the Con- sumer Product Safety Commission, consisting of five Commissioners who shall be appointed by the President, by and with the advice and con- sent of the Senate. In making such appoint- ments, the President shall consider individuals who, by reason of their background and exper- tise in areas related to consumer products and protection of the public from risks to safety, are qualified to serve as members of the Commis- sion. The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, from among the members of the Commission. An individual may be appointed as a member of the Commission and as Chairman at the same time. Any member of the Commis- sion may be removed by the President for ne- glect of duty or malfeasance in office but for no other cause. (b) Term; vacancies (1) Except as provided in paragraph (2), (A) the Commissioners first appointed under this sec- tion shall be appointed for terms ending three, four, five, six, and seven years, respectively, after October 27, 1972, the term of each to be des- ignated by the President at the time of nomina- tion; and (B) each of their successors shall be ap- pointed for a term of seven years from the date of the expiration of the term for which his pred- ecessor was appointed. (2) Any Commissioner appointed to fill a va- cancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A Commissioner may continue to serve after the expiration of this term until his successor has taken office, except that he may not so continue to serve more than one year after the date on which his term would other- wise expire under this subsection. (c) Restrictions on Commissioner’s outside ac- tivities Not more than three of the Commissioners shall be affiliated with the same political party. No individual (1) in the employ of, or holding any official relation to, any person engaged in selling or manufacturing consumer products, or (2) owning stock or bonds of substantial value in a person so engaged, or (3) who is in any other manner pecuniarily interested in such a person, or in a substantial supplier of such a person, shall hold the office of Commissioner. A Com- missioner may not engage in any other business, vocation, or employment. (d) Quorum; seal; Vice Chairman No vacancy in the Commission shall impair the right of the remaining Commissioners to ex- ercise all the powers of the Commission, but