FINDINGS AND PURPOSES

SEC. 2. [15 U.S.C. 2051]
(a) The Congress finds that—
(1) an unacceptable number of consumer products
which present unreasonable risks of injury are
distributed in commerce;
(2) complexities of consumer products and the
diverse nature and abilities of consumers using them
fr equently result in an inability of users to anticipate
risks and to safeguard themselves adequately;
(3) the public should be protected against
unr easonable risks of injury associated with consumer
pr oducts;
(4) control by State and local governments of
unr easonable risks of injury associated with consumer
pr oducts is inadequate and may be burdensome to
manufactur ers;
(5) existing Federal authority to protect consumers
fr om exposur e to consumer products presenting
unr easonable risks of injury is inadequate; and
(6) regulation of consumer products the distribution
or use of which affects interstate or foreign commerce is
necessary to carry out this Act.
(b) The purposes of this Act are—
(1) to protect the public against unreasonable risks
of injury associated with consumer products;
(2) to assist consumers in evaluating the
comparative safety of consumer products;
(3) to develop uniform safety standards for
consumer products and to minimize conflicting State
and local regulations; and
(4) to promote resear ch and investigation into the
causes and prevention of product-r elated deaths,
illnesses, and injuries.

                                 
 
DEFINITIONS

SEC. 3. [15 U.S.C. 2052]
(a) For purposes of this Act:
(1) The term ‘‘consumer product’’ means any article,
or component part thereof, produced or distributed (i)
for sale to a consumer for use in or around a
per manent or temporary household or residence, a
school, in recr eation, or otherwise, or (ii) for the
personal use, consumption or enjoyment of a consumer
in or around a permanent or temporary household or
residence, a school, in recr eation, or otherwise; but
such term does not include—
(A) any article which is not customarily
pr oduced or distributed for sale to, or use or
consumption by, or enjoyment of, a consumer,
(B) tobacco and tobacco products,
(C) motor vehicles or motor vehicle
equipment (as defined by sections 102(3) and
(4) of the National Traf fic and Motor Vehicle
Safety Act of 1966), [49 U.S.C. 30102(a)(6)-(7)]
(D) pesticides (as defined by the Federal
Insecticide, Fungicide, and Rodenticide Act), [7
U.S.C. 136]
(E) any article which, if sold by the
manufactur er, producer, or importer, would be
subject to the tax imposed by section 4181 of
the Internal Revenue Code of 1954 (determined
without regar d to any exemptions from such
tax provided by section 4182 or 4221, or any
other provision of such Code), or any
component of any such article, {firear ms and
ammunition}
(F) aircraft, aircraft engines, propellers, or
appliances (as defined in section 101 of the
Federal Aviation Act of 1958), [49 U.S.C. 40102]
(G) boats which could be subjected to
safety regulation under the Federal Boat Safety
Act of 1971 (46 U.S.C. 1451 et seq.); [now
codified as 46 U.S.C. 4301 et seq.] vessels, and
appurtenances to vessels (other than such
boats), which could be subjected to safety
regulation under title 52 of the Revised
Statutes or other marine safety statutes
administer ed by the department in which the
Coast Guard is operating; and equipment
(including associated equipment, as defined in
section 3(8) of the Federal Boat Safety Act of
1971) [now codified as 46 U.S.C. 2101(1)] to the
extent that a risk of injury associated with the
use of such equipment on boats or vessels
could be eliminated or reduced by action taken
under any statute referr ed to in this
subparagraph,
(H) drugs, devices, or cosmetics (as such
ter ms ar e defined in sections 201 (g), (h), and (i)
of the Federal Food, Drug, and Cosmetic Act),
[21 U.S.C. 321(g), (h), (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), (f)] meat, meat food
pr oducts (as defined in section 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
ar ea for the purpose of giving its passengers
amusement, which is customarily controlled or directed
by an individual who is employed for that purpose and
who is not a consumer with respect to such device, 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 Act
or the Federal Hazardous Substances Act of fireworks
devices or any substance intended for use as a
component of any such device, the Commission shall
have no authority under the functions transferred
pursuant to section 30 of this Act to regulate any
pr oduct or article described in subparagraph (E) of this
paragraph or described, without regar d to quantity, in
section 845(a)(5) of title 18, United States Code.
{Antique firear ms supplies.} See sections 30(d) and 31 of
this Act, for other limitations on Commission’s
authority to regulate certain consumer products.
(2) The term ‘‘consumer product safety rule’’ means
a consumer products safety standard described in
section 7(a), or a rule under this Act declaring a
consumer product a banned hazardous product.
(3) The term ‘‘risk of injury’’ means a risk of death,
personal injury, or serious or frequent illness.
(4) The term ‘‘manufactur er’’ means any person
who manufactures or imports a consumer product.
(5) The term ‘‘distributor’’ means a person to whom
a consumer product is delivered or sold for purposes of
distribution in commerce, except that such term does
not include a manufacturer or retailer of such product.
(6) The term ‘‘r etailer’’ means a person to whom a
consumer product is delivered or sold for purposes of
sale or distribution by such person to a consumer.
(7)(A) The term ‘‘private labeler’’ means an owner of
a brand or trademark on the label of a consumer
pr oduct 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
authorized or caused the product to be so labeled, and
(iii) the brand or trademark of a manufacturer of such
pr oduct does not appear on such label.
(8) The term ‘‘manufactur ed’’ means to
manufactur e, pr oduce, or assemble.
(9) The term ‘‘Commission’’ means the Consumer
Pr oduct Safety Commission, established by section 4.
(10) The term ‘‘State’’ means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, Wake Island, Midway Island, Kingman
Reef, Johnston Island, the Canal Zone, American
Samoa, or the Trust Territory of the Pacific Islands.
(11) The terms ‘‘to distribute in commerce’’ and
‘‘distribution in commerce’’ means to sell in commerce,
to introduce or deliver for introduction into commerce,
or to hold for sale or distribution after introduction into
commer ce.
(12) The term ‘‘commer ce’’ means trade, traffic,
commer ce, 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).
(13) The terms ‘‘import’’ and ‘‘importation’’ include
reimporting a consumer product manufactured or
pr ocessed, in whole or in part, in the United States.
(14) The term ‘‘United States’’, when used in the
geographic sense, means all of the States (as defined in
paragraph (10)).
(b) A common carrier, contract carrier, or freight forwarder
shall not, for purposes of this Act, be deemed to be a
manufactur er, distributor, or retailer of a consumer product
solely by reason of receiving or transporting a consumer
pr oduct in the ordinary course of its business as such a carrier
or forwarder.

                       
CONSUMER PRODUCT SAFETY COMMISSSION

SEC. 4. [15 U.S.C. 2053]
(a) An independent regulatory commission is hereby
established, to be known as the Consumer Product Safety
Commission, consisting of five Commissioners who shall be
appointed by the President, by and with the advice and consent
of the Senate. In making such appointments, the President
shall consider individuals who, by reason of their background
and expertise in areas related to consumer products and
pr otection of the public from risks to safety, are qualified to
serve as members of the Commission. 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
Commission may be removed by the President for neglect of
duty or malfeasance in office but for no other cause.
(b)(1) Except as provided in paragraph (2), (A) the
Commissioners first appointed under this section shall be
appointed for terms ending three, four, five, six, and seven
years, respectively, after the date of the enactment of this Act,
the term of each to be designated by the President at the time of
nomination; and (B) each of their successors shall be appointed
for a term of seven years from the date of the expiration of the
ter m for which his predecessor was appointed.
(2) Any Commissioner appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed only for the remainder of such
ter m. A Commissioner may continue to serve after the
expiration of his 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 otherwise expire under
this subsection.
(c) Not more than three of the Commissioners shall be
af filiated 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
inter ested in such a person, or in a substantial supplier of such
a person, shall hold the office of Commissioner. A
Commissioner may not engage in any other business, vocation,
or employment.
(d) No vacancy in the Commission shall impair the right of
the remaining Commissioners to exercise all the powers of the
Commission, but three members of the Commission shall
constitute a quorum for the transaction of business, except that
if there are only three members serving on the Commission
because of vacancies in the Commission, two members of the
Commission shall constitute a quorum for the transaction of
business, and if there are only two members serving on the
Commission because of vacancies in the Commission, two
members shall constitute a quorum for the six month period
beginning on the date of the vacancy which caused the number
of Commission members to decline to two. The Commission
shall have an official seal of which judicial notice shall be taken.
The Commission shall annually elect a Vice Chairman to act in
the absence or disability of the Chairman or in case of a
vacancy in the office of the Chairman.
(e) The Commission shall maintain a principal office and
such field offices as it deems necessary and may meet and
exer cise any of its powers at any other place.
(f)(1) The Chairman of the Commission shall be the
principal executive officer of the Commission, and he shall
exer cise all of the executive and administrative functions of the
Commission, including functions of the Commission with
respect to (A) the appointment and supervision of personnel
employed under the Commission (other than personnel
employed regularly and full time in the immediate offices of
commissioners other than the Chairman), (B) the distribution of
business among personnel appointed and supervised by the
Chair man and among administrative units of the Commission,
and (C) the use and expenditure of funds.
(2) In carrying out any of his functions under the provisions
of this subsection the Chairman shall be governed by general
policies of the Commission and by such regulatory decisions,
findings, and determinations as the Commission may by law be
authorized to make.
(3) Requests or estimates for regular, supplemental, or
deficiency appropriations on behalf of the Commission may not
be submitted by the Chairman without the prior approval of the
Commission.
(g)(1)(A) The Chairman, subject to the approval of the
Commission, shall appoint as officers of the Commission an
Executive Director, a General Counsel, an Associate Executive
Dir ector for Engineering Sciences, an Associate Executive
Dir ector for Epidemiology, an Associate Executive Director for
Compliance and Administrative Litigation, an Associate
Executive Director for Health Sciences, an Associate Executive
Dir ector for Economic Analysis, an Associate Executive Director
for Administration, an Associate Executive Director for Field
Operations, a Director for Office of Program, Management, and
Budget, and a Director for Office of Information and Public
Af fairs. Any other individual appointed to a position designated
as an Associate Executive Director shall be appointed by the
Chair man, subject to the approval of the Commission. The
Chair man may only appoint an attorney to the position of
Associate Executive Director of Compliance and Administrative
Litigation except the position of acting Associate Executive
Dir ector of Compliance and Administrative Litigation.
(B)(i) No individual may be appointed to
such a position on an acting basis for a period
longer than 90 days unless such appointment
is approved by the Commission.
(ii) The Chairman, with the approval of the
Commission, may remove any individual
serving in a position appointed under
subparagraph (A).
(C) Subparagraph (A) shall not be construed to
pr ohibit appr opriate reorganizations or changes in
classification.
(2) The Chairman, subject to subsection (f)(2), may employ
such other officers and employees (including attorneys) as are
necessary in the execution of the Commission’s functions.
(3) In addition to the number of positions authorized by
section 5108(a) of title 5, United States Code, the Chairman,
subject to the approval of the Commission, and subject to the
standar ds and procedur es pr escribed by chapter 51 of title 5,
United States Code, may place a total of twelve positions in
grades GS-16, GS-17, and GS-18. {Note: Section 414(a)(1)(B) of
Pub. L. 95-454 provided that: ‘‘Notwithstanding any other provision of
law (other than section 5108 of such title 5), the authority granted to
an agency (as defined in section 5102(a)(1) of such title 5) under any
such provision to place one or more positions in GS-16, 17, or 18 of the
General Schedule, is hereby terminated.’’}
(4) The appointment of any officer (other than a
Commissioner) or employee of the Commission shall not be
subject, directly or indirectly, to review or approval by any
of ficer or entity within the Executive Office of the President.
{h} (i) Subsections (a) and (h) of section 2680 of title 28,
United States Code, do not prohibit the bringing of a civil action
on a claim against the United States which—
(1) is based upon—
(A) misrepr esentation or deceit on the part
of the Commission or any employee thereof, or
(B) any exercise or perfor mance, or failure
to exercise or perfor m, a discr etionary function
on the part of the Commission or any employee
ther eof which exercise, perfor mance, or failure
was grossly negligent; and
(2) is not made with respect to any agency action
(as defined in section 551(13) of title 5, United States
Code).
In the case of a civil action on a claim based upon the exercise
or perfor mance of, or failure to exer cise or perfor m, a
discr etionary function, no judgment may be entered against the
United States unless the court in which such action was
br ought deter mines (based upon consideration of all the
relevant circumstances, including the statutory responsibility of
the Commission and the public interest in encouraging rather
than inhibiting the exercise of discretion) that such exercise,
per formance, or failure to exer cise or perfor m was
unr easonable.
(j) At least 30 days before the beginning of each fiscal year,
the Commission shall establish an agenda for Commission
action under the Acts under its jurisdiction and, to the extent
feasible, shall establish priorities for such actions. Befor e
establishing such agenda and priorities, the Commission shall
conduct a public hearing on the agenda and priorities and shall
pr ovide reasonable opportunity for the submission of
comments. {This subsection effective FY 92.}

                    
PRODUCT SAFETY INFORMATION AND RESEARCH

SEC. 5. [15 U.S.C. 2054]
(a) The Commission shall—
(1) maintain an Injury Information Clearinghouse to
collect, investigate, analyze, and disseminate injury
data, and information, relating to the causes and
pr evention of death, injury, and illness associated with
consumer products;
(2) conduct such continuing studies and
investigations of deaths, injuries, diseases, other health
impair ments, and economic losses resulting from
accidents involving consumer products as it deems
necessary;
(3) following publication of an advance notice of
pr oposed rulemaking or a notice of proposed
rulemaking for a product safety rule under any
rulemaking authority administered by the Commission,
assist public and private organizations or groups of
manufactur ers, administratively and technically, in the
development of safety standards addressing the risk of
injury identified in such notice; and
(4) to the extent practicable and appropriate (taking
into account the resour ces and priorities of the
Commission), assist public and private organizations or
gr oups of manufacturers, administratively and
technically, in the development of product safety
standar ds and test methods.
(b) The Commission may—
(1) conduct resear ch, studies, and investigations on
the safety of consumer products and on improving the
safety of such products;
(2) test consumer products and develop product
safety test methods and testing devices; and
(3) offer training in product safety investigation and
test methods.
(c) In carrying out its functions under this section, the
Commission may make grants or enter into contracts for the
conduct of such functions with any person (including a
gover nmental entity).
(d) Whenever the Federal contribution for any information,
resear ch, or development activity authorized by this Act is more
than minimal, the Commission shall include in any contract,
grant, or other arrangement for such activity, provisions
ef fective to insure that the rights to all information, uses,
pr ocesses, patents, and other developments resulting from that
activity will be made available to the public without charge on a
nonexclusive basis. Nothing in this subsection shall be
construed to deprive any person of any right which he may have
had, prior to entering into any arrangement referr ed to in this
subsection, to any patent, patent application, or invention.
{Note: 35 U.S.C. 200-211 and 37 CFR Part 401 specifically supersede
section 5(d) of the Consumer Product Safety Act with respect to small
business firms and nonprofit organizations which retain, in most cases,
exclusive commercial rights to inventions made with Commission
support.}

                        
PUBLIC DISCLOSURE OF INFORMATION

SEC. 6. [15 U.S.C. 2055]
(a)(1) Nothing contained in this Act shall be construed to
requir e the release of any information described by subsection
(b) of section 552 of title 5, United States Code, or which is
otherwise protected by law from disclosure to the public.
(2) All information reported to or otherwise obtained by the
Commission or its repr esentative under this Act which
infor mation contains or relates to a trade secret or other matter
referr ed to in section 1905 of title 18, United States Code, or
subject to section 552(b)(4) of title 5, United States Code, shall
be considered confidential and shall not be disclosed.
(3) The Commission shall, prior to the disclosure of any
infor mation which will permit the public to ascertain readily the
identity of a manufacturer or private labeler of a consumer
pr oduct, of fer such manufacturer or private labeler an
opportunity to mark such information as confidential and
ther efor e barr ed fr om disclosur e under paragraph (2).
(4) All information that a manufacturer or private labeler
has marked to be confidential and barred from disclosure under
paragraph (2), either at the time of submission or pursuant to
paragraph (3), shall not be disclosed, except in accordance with
the procedur es established in paragraphs (5) and (6).
(5) If the Commission determines that a document marked
as confidential by a manufacturer or private labeler to be barred
fr om disclosur e under paragraph (2) may be disclosed because
it is not confidential information as provided in paragraph (2),
the Commission shall notify such person in writing that the
Commission intends to disclose such document at a date not
less than 10 days after the date of receipt of notification.
(6) Any person receiving such notification may, if he
believes such disclosure is barr ed by paragraph (2), before the
date set for release of the document, bring an action in the
district court of the United States in the district in which the
complainant resides, or has his principal place of business, or
in which the documents are located, or in the United States
District Court for the District of Columbia to restrain disclosure
of the document. Any person receiving such notification may file
with the appropriate district court or court of appeals of the
United States, as appropriate, an application for a stay of
disclosur e. The documents shall not be disclosed until the court
has ruled on the application for a stay.
(7) Nothing in this Act shall authorize the withholding of
infor mation by the Commission or any officer or employee
under its control from the duly authorized committees or
subcommittees of the Congress, and the provisions of
paragraphs (2) through (6) shall not apply to such disclosures,
except that the Commission shall immediately notify the
manufactur er or private labeler of any such request for
infor mation designated as confidential by the manufacturer or
private labeler.
(8) The provisions of paragraphs (2) through (6) shall not
pr ohibit the disclosure of infor mation to other officers,
employees, or repr esentatives of the Commission (including
contractors) concerned with carrying out this Act or when
relevant in any administrative proceeding under this Act or in
judicial proceedings to which the Commission is a party. Any
disclosur e of relevant information—
(A) in Commission administrative proceedings or in
judicial proceedings to which the Commission is a
party, or
(B) to repr esentatives of the Commission (including
contractors),
shall be governed by the rules of the Commission (including in
camera review rules for confidential material) for such
pr oceedings or for disclosures to such repr esentatives or by
court rules or orders, except that the rules of the Commission
shall not be amended in a manner inconsistent with the
purpose of this section.
(b)(1) Except as provided by paragraph (4) of this
subsection, not less than 30 days prior to its public disclosure
of any information obtained under this Act, or to be disclosed to
the public in connection therewith (unless the Commission
finds that the public health and safety requir es a lesser period
of notice and publishes such a finding in the Federal Register),
the Commission shall, to the extent practicable, notify and
pr ovide a summary of the information to, each manufacturer or
private labeler of any consumer product to which such
infor mation pertains, if the manner in which such consumer
pr oduct is to be designated or described in such information
will permit the public to ascertain readily the identity of such
manufactur er or private labeler, and shall provide such
manufactur er or private labeler with a reasonable opportunity
to submit comments to the Commission in regar d to such
infor mation. The Commission shall take reasonable steps to
assur e, prior to its public disclosure ther eof, that information
fr om which the identity of such manufacturer or private labeler
may be readily ascertained is accurate, and that such
disclosur e is fair in the circumstances and reasonably related to
effectuating the purposes of this Act. In disclosing any
infor mation under this subsection, the Commission may, and
upon the request of the manufacturer or private labeler shall,
include with the disclosure any comments or other information
or a summary thereof submitted by such manufacturer or
private labeler to the extent permitted by and subject to the
requir ements of this section.
(2) If the Commission determines that a document claimed
to be inaccurate by a manufacturer or private labeler under
paragraph (1) should be disclosed because the Commission
believes its has complied with paragraph (1), the Commission
shall notify the manufacturer or private labeler that the
Commission intends to disclose such document at a date not
less than 10 days after the date of the receipt of notification.
The Commission may provide a lesser period of notice of intent
to disclose if the Commission finds that the public health and
safety requir es a lesser period of notice and publishes such
finding in the Federal Register.
(3) Prior to the date set for release of the document, the
manufactur er or private labeler receiving the notice described in
paragraph (2) may bring an action in the district court of the
United States in the district in which the complainant resides,
or has his principal place of business, or in which the
documents are located or in the United States District Court for
the District of Columbia to enjoin disclosure of the document.
The district court may enjoin such disclosure if the Commission
has failed to take the reasonable steps prescribed in paragraph
(1).
(4) Paragraphs (1) through (3) of this subsection shall not
apply to the public disclosure of (A) information about any
consumer product with respect to which product the
Commission has filed an action under section 12 (relating to
imminently hazardous products), or which the Commission has
reasonable cause to believe is in violation of section 19 (relating
to prohibited acts); or (B) information in the course of or
concer ning a rulemaking proceeding (which shall commence
upon the publication of an advance notice of proposed
rulemaking or a notice of proposed rulemaking), an
adjudicatory proceeding (which shall commence upon the
issuance of a complaint) or other administrative or judicial
pr oceeding under this Act.
(5) In addition to the requir ements of paragraph (1), the
Commission shall not disclose to the public information
submitted pursuant to section 15(b) respecting a consumer
pr oduct unless—
(A) the Commission has issued a complaint under
section 15 (c) or (d) alleging that such product presents
a substantial product hazard;
(B) in lieu of proceeding against such product
under section 15 (c) or (d), the Commission has
accepted in writing a remedial settlement agreement
dealing with such product; or
(C) the person who submitted the information
under section 15(b) agrees to its public disclosure.
The provisions of this paragraph shall not apply to the public
disclosur e of information with respect to a consumer product
which is the subject of an action brought under section 12, or
which the Commission has reasonable cause to believe is in
violation of section 19(a), or information in the course of or
concer ning a judicial proceeding.
(6) Where the Commission initiates the public disclosure of
infor mation that reflects on the safety of a consumer product or
class of consumer products, whether or not such information
would enable the public to ascertain readily the identity of a
manufactur er or private labeler, the Commission shall establish
pr ocedures designed to ensure that such information is
accurate and not misleading.
(7) If the Commission finds that, in the administration of
this Act, it has made public disclosure of inaccurate or
misleading information which reflects adversely upon the safety
of any consumer product or class of consumer products, or the
practices of any manufacturer, private labeler, distributor, or
retailer of consumer products, it shall, in a manner equivalent
to that in which such disclosure was made, take reasonable
steps to publish a retraction of such inaccurate or misleading
infor mation.
(8) If, after the commencement of a rulemaking or the
initiation of an adjudicatory proceeding, the Commission
decides to terminate the proceeding before taking final action,
the Commission shall, in a manner equivalent to that in which
such commencement or initiation was publicized, take
reasonable steps to make known the decision to terminate.
(c) The Commission shall communicate to each
manufactur er of a consumer product, insofar as may be
practicable, information as to any significant risk of injury
associated with such product.
(d)(1) For purposes of this section, the term ‘‘Act’’ means the
Consumer Product Safety Act, the Flammable Fabrics Act, the
Poison Prevention Packaging Act, and the Federal Hazardous
Substances Act.
(2) The provisions of this section shall apply whenever
infor mation is to be disclosed by the Commission, any member
of the Commission, or any employee, agent, or repr esentative of
the Commission in an official capacity.
(e)(1) Notwithstanding the provisions of section 552 of title
5, United States Code, subsection (a)(7) of this section, or of any
other law, except as provided in paragraphs (2), (3), and (4), no
member of the Commission, no officer or employee of the
Commission, and no officer or employee of the Department of
Justice may—
(A) publicly disclose information furnished under
subsection (c)(1) or (c)(2)(A) of section 37;
(B) use such information for any purpose other
than to carry out the Commission’s responsibilities; or
(C) permit anyone (other than the members,
of ficers, and employees of the Commission or officers or
employees of the Department of Justice who requir e
such information for an action filed on behalf of the
Commission) to examine such information.
(2) Any report furnished under subsection (c)(1) or (c)(2)(A)
of section 37 shall be immune from legal process and shall not
be subject to subpoena or other discovery in any civil action in
a State or Federal court or in any administrative proceeding,
except in an action against such manufacturer under section
20, 21, or 22 for failure to fur nish infor mation requir ed by
(3) The Commission may, upon written request, furnish to
any manufacturer or to the authorized agent of such
manufactur er authenticated copies of reports furnished by or
on behalf of such manufacturer in accordance with section 37,
upon payment of the actual or estimated cost of searching the
recor ds and furnishing such copies.
(4) Upon written request of the Chairman or Ranking
Minority Member of the Committee on Commerce, Science, and
Transportation of the Senate or the Committee on Energy and
Commer ce {now Committee on Commerce} of the House of
Repr esentatives or any subcommittee of such committee, the
Commission shall provide to the Chairman or Ranking Minority
Member any information furnished to the Commission under
section 37 for purposes that are related to the jurisdiction of
such committee or subcommittee.
(5) Any officer or employee of the Commission or other
of ficer or employee of the Federal Government who receives
infor mation pr ovided under section 37, who willfully violates the
requir ements of this subsection shall be subject to dismissal or
other action consistent with procedur es and requir ements
established by the Office of Personnel Management.

                        
CONSUMER PRODUCT SAFETY STANDARDS

SEC. 7. [15 U.S.C. 2056]
(a) The Commission may promulgate consumer product
safety standards in accordance with the provisions of section 9.
A consumer product safety standard shall consist of one or
mor e of any of the following types of requir ements:
(1) Requirements expressed in terms of
per formance requir ements.
(2) Requirements that a consumer product be
marked with or accompanied by clear and adequate
war nings or instructions, or requir ements respecting
the form of war nings or instructions.
Any requir ement of such a standard shall be reasonably
necessary to prevent or reduce an unreasonable risk of injury
associated with such product.
(b)(1) The Commission shall rely upon voluntary consumer
pr oduct safety standards rather than promulgate a consumer
pr oduct safety standard prescribing requir ements described in
subsection (a) whenever compliance with such voluntary
standar ds would eliminate or adequately reduce the risk of
injury addressed and it is likely that there will be substantial
compliance with such voluntary standards.
(2) The Commission shall devise procedur es to monitor
compliance with any voluntary standards—.
(A) upon which the Commission has relied under
paragraph (1);
(B) which were developed with the participation of
the Commission; or
(C) whose development the Commission has
monitor ed.
(c) If any person participates with the Commission in the
development of a consumer product safety standard, the
Commission may agree to contribute to the person’s cost with
respect to such participation, in any case in which the
Commission determines that such contribution is likely to
result in a more satisfactory standard than would be developed
without such contribution, and that the person is financially
responsible. Regulations of the Commission [16 CFR Part 1105]
shall set forth the items of cost in which it may participate, and
shall exclude any contribution to the acquisition of land or
buildings. Payments under agreements entered into under this
subsection may be made without regar d to section 3648 of the
Revised Statutes of the United States (31 U.S.C. 529). [Now 31
U.S.C. 3324]{limitations on advance payments}

                            
BANNED HAZARDOUS PRODUCTS

SEC. 8. [15 U.S.C. 2057]
Whenever the Commission finds that—
(1) a consumer product is being, or will be,
distributed in commerce and such consumer product
pr esents an unreasonable risk of injury; and
(2) no feasible consumer product safety standard
under this Act would adequately protect the public from
the unreasonable risk of injury associated with such
pr oduct,
the Commission may, in accordance with section 9, promulgate
a rule declaring such product a banned hazardous product.

 BANNING OF BUTYL NITRITE

[Sec. 2404 of Pub. L. 100-690; 15 U.S.C. 2057a]
{Not technically part of the Consumer Product Safety Act}
(a) IN GENERAL.—Except as provided in subsection (b),
butyl nitrite shall be considered a banned hazardous product
under section 8 of the Consumer Product Safety Act (15 U.S.C.
2057).
(b) LAWFUL PURPOSES.—For the purposes of section 8 of
the Consumer Product Safety Act, it shall not be unlawful for
any person to manufacture for sale, offer for sale, distribute in
commer ce, or import into the United States butyl nitrite for any
commer cial purpose or any other purpose approved under the
Federal Food, Drug, and Cosmetic Act.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘butyl nitrite’’ includes n-butyl nitrite,
isobutyl nitrite, secondary butyl nitrite, tertiary butyl
nitrite, and mixtures containing these chemicals.
(2) The term ‘‘commer cial purpose’’ means any
commer cial purpose other than for the production of
consumer products containing butyl nitrite thay 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 the date of the enactment of this subtitle. {enacted
November 18, 1988}

BANNING OF ISOPROPAL NITRITE AND OTHER NITRITES

[T itle XXIII, Sec. 3202 of Pub. L. 101-647; 15 U.S.C. 2057b]
{Not technically part of the Consumer Product Safety Act}
(a) IN GENERAL.—Except as provided in subsection (b),
volatile alkyl nitrite shall be considered a banned hazardous
pr oduct under section 8 of the Consumer Product Safety Act (15
U.S.C. 2057).
(b) LAWFUL PURPOSES.—For the purposes of section 8 of
the Consumer Product Safety Act, it shall not be unlawful for
any person to manufacture for sale, offer for sale, distribute in
commer ce, 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.
(c) DEFINITIONS.—For purposes of this section, the term
‘‘commer cial purpose’’ means any commercial purpose other
than for the production of consumer products containing
volatile alkyl nitrites that may be used for inhaling or otherwise
intr oducing volatile alkyl nitrites into the human body for
euphoric or physical effects.
(d) EFFECTIVE DATE.—This section shall take effect 90
days after the date of the enactment of this Act. {enacted
November 29, 1990}

                   

PROCEDURE FOR CONSUMER PRODUCT SAFETY RULES

SEC. 9. [15 U.S.C. 2058]
(a) A proceeding for the development of a consumer product
safety rule shall be commenced by the publication in the
Federal Register of an advance notice of proposed rulemaking
which shall—
(1) identify the product and the nature of the risk of
injury associated with the product;
(2) include a summary of each of the regulatory
alter natives under consideration by the Commission
(including voluntary consumer product safety
standar ds);
(3) include information with respect to any existing
standar d known to the Commission which may be
relevant to the proceedings, together with a summary of
the reasons why the Commission believes preliminarily
that such standard does not eliminate or adequately
reduce the risk of injury identified in paragraph (1);
(4) invite interested persons to submit to the
Commission, within such period as the Commission
shall specify in the notice (which period shall not be
less than 30 days or more than 60 days after the date
of publication of the notice), comments with respect to
the risk of injury identified by the Commission, the
regulatory alternatives being considered, and other
possible alternatives for addressing the risk;
(5) invite any person (other than the Commission)
to submit to the Commission, within such period as the
Commission shall specify in the notice (which period
shall not be less than 30 days after the date of
publication of the notice), an existing standard or a
portion of a standard as a proposed consumer product
safety standard; and
(6) invite any person (other than the Commission)
to submit to the Commission, within such period as the
Commission shall specify in the notice (which period
shall not be less than 30 days after the date of
publication of the notice), a statement of intention to
modify or develop a voluntary consumer product safety
standar d to address the risk of injury identified in
paragraph (1) together with a description of a plan to
modify or develop the standard.
The Commission shall transmit such notice within 10 calendar
days to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commer ce {now Committee on Commerce} of the House of
Repr esentatives. {This reporting requirement ceased to be effective
on December 21, 1999 per Pub. L. 104-66, § 3003.}
(b)(1) If the Commission determines that any standard
submitted to it in response to an invitation in a notice
published under subsection (a)(5) if promulgated (in whole, in
part, or in combination with any other standard submitted to
the Commission or any part of such a standard) as a consumer
pr oduct safety standard, would eliminate or adequately reduce
the risk of the injury identified in the notice under subsection
(a)(1), the Commission may publish such standard, in whole, in
part, or in such combination and with nonmaterial
modifications, as proposed consumer product safety rule.
(2) If the Commission determines that—
(A) compliance with any standard submitted to it in
response to an invitation in a notice published under
subsection (a)(6) is likely to result in the elimination or
adequate reduction of the risk of injury identified in the
notice, and
(B) it is likely that there will be substantial
compliance with such standard,
the Commission shall terminate any proceeding to promulgate a
consumer product safety rule respecting such risk of injury and
shall publish in the Federal Register a notice which includes the
deter mination of the Commission and which notifies the public
that the Commission will rely on the voluntary standard to
eliminate or reduce the risk of injury, except that the
Commission shall terminate any such proceeding and rely on a
voluntary standard only if such voluntary standard is in
existence. For purposes of this section, a voluntary standard
shall be considered to be in existence when it is finally approved
by the organization or other person which developed such
standar d, irr espective of the effective date of the standard.
Befor e relying upon any voluntary consumer product safety
standar d, the Commission shall affor d inter ested persons
(including manufacturers, consumers, and consumer
organizations) a reasonable opportunity to submit written
comments regar ding such standard. The Commission shall
consider such comments in making any determination
regar ding reliance on the involved voluntary standard under
this subsection.
(c) No consumer product safety rule may be proposed by the
Commission unless, not less than 60 days after publication of
the notice requir ed in subsection (a), the Commission publishes
in the Federal Register the text of the proposed rule, including
any alternatives, which the Commission proposes to
pr omulgate, together with a preliminary regulatory analysis
containing—
(1) a preliminary description of the potential
benefits and potential costs of the proposed rule,
including any benefits or costs that cannot be
quantified in monetary terms, and an identification of
those likely to receive the benefits and bear the costs;
(2) a discussion of the reasons any standard or
portion of a standard submitted to the Commission
under subsection (a)(5) was not published by the
Commission as the proposed rule or part of the
pr oposed rule;
(3) a discussion of the reasons for the Commission’s
pr eliminary deter mination that efforts proposed under
subsection (a)(6) and assisted by the Commission as
requir ed by section 5(a)(3) would not, within a
reasonable period of time, be likely to result in the
development of a voluntary consumer product safety
standar d that would eliminate or adequately reduce the
risk of injury addressed by the proposed rule; and
(4) a description of any reasonable alternatives to
the proposed rule, together with a summary description
of their potential costs and benefits, and a brief
explanation of why such alternatives should not be
published as a proposed rule.
The Commission shall transmit such notice within 10 calendar
days to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commer ce {now Committee on Commerce} of the House of
Repr esentatives. {This reporting requirement ceased to be effective
on December 21, 1999 per Pub. L. 104-66, § 3003.} Any proposed
consumer product safety rule shall be issued within twelve
months after the date of publication of an advance notice of
pr oposed rulemaking under subsection (a) relating to the
pr oduct involved, unless the Commission determines that such
pr oposed rule is not reasonably necessary to eliminate or
reduce the risk of injury associated with the product or is not in
the public interest. The Commission may extend the twelvemonth
period for good cause. If the Commission extends such
period, it shall immediately transmit notice of such extension to
the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce {now
Committee on Commerce} of the House of Representatives. Such
notice shall include an explanation of the reasons for such
extension, together with an estimate of the date by which the
Commission anticipates such rulemaking will be completed.
The Commission shall publish notice of such extension and the
infor mation submitted to the Congress in the Federal Register.
(d)(1) Within 60 days after the publication under subsection
(c) of a proposed consumer product safety rule respecting a risk
of injury associated with a consumer product, the Commission
shall—
(A) promulgate a consumer product safety rule
respecting the risk of injury associated with such
pr oduct, if it makes the findings requir ed under
subsection (f), or
(B) withdraw the applicable notice of proposed
rulemaking if it determines that such rule is not (1)
reasonably necessary to eliminate or reduce an
unr easonable risk of injury associated with the product,
or (ii) in the public interest;
except that the Commission may extend such 60-day period for
good cause shown (if it publishes its reasons therefor in the
Federal Register).
(2) Consumer product safety rules shall be promulgated in
accor dance with section 553 of title 5, United States Code,
except that the Commission shall give interested persons an
opportunity for the oral presentation of data, views, or
arguments, in addition to an opportunity to make written
submissions. A transcript shall be kept of any oral
pr esentation.
(e) A consumer product safety rule shall express in the rule
itself the risk of injury which the standard is designed to
eliminate or reduce. In promulgating such a rule the
Commission shall consider relevant available product data
including the results of resear ch, development, testing, and
investigation activities conducted generally and pursuant to this
Act. In the promulgation of such a rule the Commission shall
also consider and take into account the special needs of elderly
and handicapped persons to determine the extent to which
such persons may be adversely affected by such rule.
(f)(1) Prior to promulgating a consumer product safety rule,
the Commission shall consider, and shall make appropriate
findings for inclusion in such rule with respect to—
(A) the degree and nature of the risk of injury the
rule is designed to eliminate or reduce;
(B) the approximate number of consumer products,
or types or classes thereof, subject to such rule;
(C) the need of the public for the consumer
pr oducts subject to such rule, and the probable effect
of such rule upon the utility, cost, or availability of
such products to meet such need; and
(D) any means of achieving the objective of the
or der while minimizing adverse effects on competition
or disruption or dislocation of manufacturing and other
commer cial practices consistent with the public health
and safety.
(2) The Commission shall not promulgate a consumer
pr oduct safety rule unless it has prepar ed, on the basis of the
findings of the Commission under paragraph (1) and on other
infor mation befor e the Commission, a final regulatory analysis
of the rule containing the following information:
(A) A description of the potential benefits and
potential costs of the rule, including costs and benefits
that cannot be quantified in monetary terms, and the
identification of those likely to receive the benefits and
bear the costs.
(B) A description of any alternatives to the final rule
which were consider ed by the Commission, together
with a summary description of their potential benefits
and costs and a brief explanation of the reasons why
these alternatives were not chosen.
(C) A summary of any significant issues raised by
the comments submitted during the public comment
period in response to the preliminary regulatory
analysis, and a summary of the assessment by the
Commission of such issues.
The Commission shall publish its final regulatory analysis with
the rule.
(3) The Commission shall not promulgate a consumer
pr oduct safety rule unless it finds (and includes such finding in
the rule)—
(A) that the rule (including its effective date) is
reasonably necessary to eliminate or reduce an
unr easonable risk of injury associated with such
pr oduct;
(B) that the promulgation of the rule is in the public
inter est;
(C) in the case of a rule declaring the product a
banned hazardous product, that no feasible consumer
pr oduct safety standard under this Act would
adequately protect the public from the unreasonable
risk of injury associated with such product;
(D) in the case of a rule which relates to a risk of
injury with respect to which persons who would be
subject to such rule have adopted and implemented a
voluntary consumer product safety standard, that—
(i) compliance with such voluntary
consumer product safety standard is not likely
to result in the elimination or adequate
reduction of such risk of injury; or
(ii) it is unlikely that there will be
substantial compliance with such voluntary
consumer product safety standard;
(E) that the benefits expected from the rule bear a
reasonable relationship to its costs; and
(F) that the rule imposes the least burdensome
requir ement which prevents or adequately reduces the
risk of injury for which the rule is being promulgated.
(4)(A) Any preliminary or final regulatory analysis prepar ed
under subsection (c) or (f)(2) shall not be subject to independent
judicial review, except that when an action for judicial review of
a rule is instituted, the contents of any such regulatory analysis
shall constitute part of the whole rulemaking recor d of agency
action in connection with such review.
(B) The provisions of subparagraph (A) shall not be
construed to alter the substantive or procedural standards
otherwise applicable to judicial review of any action by the
Commission.
(g)(1) Each consumer product safety rule shall specify the
date such rule is to take effect not exceeding 180 days from the
date promulgated, unless the Commission finds, for good cause
shown, that a later effective date is in the public interest and
publishes its reasons for such finding. The effective date of a
consumer product safety standard under this Act shall be set at
a date at least 30 days after the date of promulgation unless the
Commission for good cause shown determines that an earlier
ef fective date is in the public interest. In no case may the
ef fective date be set at a date which is earlier than the date of
pr omulgation. A consumer product safety standard shall be
applicable only to consumer products manufactured after the
ef fective date.
(2) The Commission may by rule prohibit a manufacturer of
a consumer product from stockpiling any product to which a
consumer product safety rule applies, so as to prevent such
manufactur er fr om cir cumventing the purpose of such
consumer product safety rule. For purposes of this paragraph,
the term ‘‘stockpiling’’ means manufacturing or importing a
pr oduct between the date of promulgation of such consumer
pr oduct safety rule and its effective date at a rate which is
significantly greater (as determined under the rule under this
paragraph) than the rate at which such product was produced
or imported during a base period (prescribed in the rule under
this paragraph) ending before the date of promulgation of the
consumer product safety rule.
(h) The Commission may by rule amend or revoke any
consumer product safety rule. Such amendment or revocation
shall specify the date on which it is to take effect which shall
not exceed 180 days from the date the amendment or
revocation is published unless the Commission finds for good
cause shown that a later effective date is in the public interest
and publishes its reasons for such finding. Wher e an
amendment involves a material change in a consumer product
safety rule, sections 7 and 8, and subsections (a) through (g) of
this section shall apply. In order to revoke a consumer product
safety rule, the Commission shall publish a proposal to revoke
such rule in the Federal Register, and allow oral and written
pr esentations in accordance with subsection (d)(2) of this
section. It may revoke such rule only if it determines that the
rule is not reasonably necessary to eliminate or reduce an
unr easonable risk of injury associated with the product.
Section 11 shall apply to any amendment of a consumer
pr oduct safety rule which involves a material change and to any
revocation of a consumer product safety rule, in the same
manner and to the same extent as such section applies to the
Commission’s action in promulgating such a rule.
(i) The Commission shall grant, in whole or in part, or deny
any petition under section 553(e) of Title 5, United State Code,
requesting the Commission to initiate a rulemaking, within a
reasonable time after the date on which such petition is filed.
The Commission shall state the reasons for granting or denying
such petition. The Commission may not deny any such petition
on the basis of a voluntary standard unless the voluntary
standar d is in existence at the time of the denial of the petition,
the Commission has determined that the voluntary standard is
likely to result in the elimination or adequate reduction of the
risk of injury identified in the petition, and it is likely that there
will be substantial compliance with the standard.

                         
LAWN MOWER STANDARD AMENDMENT

[Public. L. 97-35, sec. 1212; 95 Stat. 724; Aug. 13, 1981]
{Not technically part of the Consumer Product Safety Act}
(a) Not later than 90 days after the date of this Act, the
Consumer Product Safety Commission shall amend its
consumer product safety standard for walk-behind power lawn
mowers to provide that a manually started rotary type lawn
mower which has a blade control system which meets the
requir ements of the standard relating to blade controls (16 CFR
1205.5) except that the system stops the engine and requir es a
manual restart of the engine shall be considered in compliance
with such requir ements if the engine starting controls for the
lawn mower are located within twenty-four inches from the top
of the mower’s handles or the mower has a protective foot shield
which extends three hundred and sixty degrees around the
mower housing. The Consumer Product Safety Act shall not
apply with respect to the promulgation of the amendment
pr escribed by this subsection.
(b) The Commission shall conduct a study of the effect on
consumers of the amendment prescribed by subsection (a) and
shall report the results of such study two years after the date
the standard, as amended in accordance with subsection (a),
takes effect. The Commission may not amend the amendment
pr escribed by subsection (a) before the report is filed under this
subsection.

                                    

LAWN DARTS

[Public Law 100-613, 102 Stat. 3183, November 5, 1989]
{Not technically part of the Consumer Product Safety Act}
An Act
To provide that the Consumer Product Safety Commission amend its
regulations regarding lawn darts.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That notwithstanding any other
provision of law, not later that 60 days after the date of enactment of this
Act, {enacted November 5, 1988} the Consumer Product Safety
Commission shall amend its regulations to revoke exemption
regar ding lawn darts and other similar sharp-pointed toys
contained in section 1500.86(a)(3) of title 16, Code of Federal
Regulations, unless the Commission finds that such products
do not have the potential for causing puncture wound injury.

                          
AUTOMATIC GARAGE DOOR OPENERS

[Sec. 203 of Public Law 101-608, 104 Stat. 3110, November 16, 1990,
15 U.S.C. 2056 Note]
{Not technically part of the Consumer Product Safety Act}
(a) Consumer Product Safety Rule.—The provision of
subsection (b) shall be considered to be a consumer product
safety rule issued by the Consumer Product Safety Commission
under section 9 of the Consumer Product Safety Act.
(b) Requirements.—
(1) Effective on and after January 1, 1991, each
automatic residential garage door opener manufactured
on or after that date for sale in the United States shall
confor m to the entrapment protection requir ements of
the American National Standards Institute
Underwriters Laboratories, Inc. Standards for Safety—
UL 325, third edition, as revised May 4, 1988.
(2)(A) Effective on and after January 1, 1993, all
residential automatic garage door openers
manufactur ed on and after such date for sale in the
United States shall conform to any additional
entrapment protection requir ements of the American
National Standards Institute Underwriters Laboratories,
Inc. Standards for Safety—UL 325, third edition, which
wer e issued after the date of the enactment of this Act
to become effective on or before January 1, 1993.
(B) If, by June 1, 1992, the Underwriters
Laboratories, Inc. has not issued a revision to the May
4, 1988, Standards for Safety—UL 325, third edition, to
requir e an entrapment protection feature or device in
addition to that requir ed by the May 4, 1988, Standard,
the Consumer Product Safety Commission shall begin a
rulemaking proceeding, to be completed no later than
October 31, 1992, to requir e an additional such feature
or device on all automatic residential garage door
openers manufactured on or after January 1, 1993, for
sale in the United States. If such a revision is issued by
the Underwriters Laboratories, Inc. after the
rulemaking has commenced, the rulemaking shall be
terminated and the revision shall be incorporated in the
consumer product safety rule under subsection (a)
unless the Commission has determined under
subsection (c) that such revision does not carry out the
purposes of subsection (b).
(c) Revision of Rule.—If, after June 1, 1992, or the date of
revision described in subsection (b)(2)(B) if later, the
Underwriters Laboratories, Inc proposes to further revise the
entrapment protection requir ements of the American National
Standar ds Institute Underwriters Laboratories, Inc. Standards
for Safety—UL 325, third edition, the Laboratories shall notify
the Consumer Product Safety Commission of the proposed
revision and the proposed revision shall be incorporated in the
consumer product safety rule under subsection (a) unless,
within 30 days of such notice, the Commission notifies the
Laboratories that the Commission has determined that such
revision does not carry out the purposes of subsection (b).
(d) Labeling.—On and after January 1, 1991, a
manufactur er selling or offering for sale in the United Sates an
automatic residential garage door opener manufactured on or
after January 1, 1991, shall clearly identify on any container of
the system and on the system the month or week and year the
system was manufactured and its conformance with the
requir ements of subsection (b). The display of the UL logo or
listing mark, and compliance with the date marking
requir ements of UL—325, on both the container and the
system, shall satisfy the requir ements of this subsection.
(e) Notification.—Ef fective on and after July 1, 1991, all
manufactur ers of automatic residential garage door openers
shall, in consultation with the Consumer Product Safety
Commission, notify the public of the potential for entrapment
by garage doors equipped with automatic garage door openers
and advise the public to test their openers for the entrapment
pr otection featur e or device requir ed by subsection (b).
(f) Preemption.—In applying section 26(a) of the Consumer
Pr oduct Safety Act (15 U.S.C. 2075) with respect to the
consumer product safety rule of the Consumer Product Safety
Commission under subsection (a), only those provisions of laws
of States or political subdivisions which relate to the labeling of
automatic residential garage door openers and those provisions
which do not provide at least the equivalent degree of protection
fr om the risk of injury associated with automatic residential
garage door openers as the consumer product safety rule
pr ovides shall be subject to such section.
(g) Regulations.—Section 553 of title 5, United States Code,
shall apply with respect to the issuance of any regulations by
the Consumer Product Safety Commission to implement the
requir ements of this section and sections 7 and 9 of the
Consumer Product Safety Act do not apply to such issuance.
Any additional or revised requir ement issued by the
Commission shall provide an adequate degree of protection to
the public.
(h) Construction.—Nothing in this section shall affect or
modify in any way the obligations or liabilities of any person
under the common law or any Federal or State law.

                                 
BICYCLE HELMETS 
              
[Sec. 205 of Public Law 103-267, 108 Stat. 722, June 16, 1994, 15
U.S.C. 6004]
{Not technically part of the Consumer Product Safety Act}
(a) In General.—Bicycle helmets manufactured 9 months or
mor e after the date of the enactment of this Act shall conform
to—
(1) any interim standard described under subsection (b),
pending the establishment of a final standard pursuant to
subsection (c); and
(2) the final standard, once it has been established under
subsection (c).
(b) Interim Standards.—The interim standards are as follows:
(1) The American National Standards Institute standard
designated as ‘‘Z90.4-1984’’.
(2) The Snell Memorial Foundation standard designated as
‘‘B-90’’.
(3) The American Society for Testing and Materials (ASTM)
standar d designated as ‘‘F 1447’’.
(4) Any other standard that the Commission determines is
appr opriate. [16 CFR 1203]
(c) Final Standard.—Not later than 60 days after the date of
the enactment of this Act, the Commission shall begin a
pr oceeding under section 553 of title 5, United States Code, to—
(1) review the requir ements of the interim standards set forth in
subsection (a) and establish a final standard based on such
requir ements;
(2) include in the final standard a provision to protect against
the risk of helmets coming off the heads of bicycle riders;
(3) include in the final standard provisions that address the risk
of injury to children; and
(4) include additional provisions as appropriate. Sections 7, 9,
and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056,
2058, 2079(d)) shall not apply to the proceeding under this
subsection and section 11 of such Act (15 U.S.C. 2060) shall
not apply with respect to any standard issued under such
proceeding. The final standard shall take effect 1 year from the
date it is issued.
(d) Failure To Meet Standards.—
(1) Failure to meet interim standard.—Until the final standard takes
ef fect, a bicycle helmet that does not conform to an interim
standar d as requir ed under subsection (a)(1) shall be
consider ed in violation of a consumer product safety standard
pr omulgated under the Consumer Product Safety Act.
(2) Status of final standard.—The final standard developed under
subsection (c) shall be considered a consumer product safety
standar d pr omulgated under the Consumer Product Safety Act.

                 
JUDICIAL REVIEW OF CONSUMER PRODUCT SAFETY RULES

SEC. 11. [15 U.S.C. 2060}
(a) Not later than 60 days after a consumer product safety
rule is promulgated by the Commission, any person adversely
af fected by such rule, or any consumer or consumer
organization, may file a petition with the United States court of
appeals for the District of Columbia or for the circuit in which
such person, consumer, or organization resides or has his
principal place of business for judicial review of such rule.
Copies of the petition shall be forthwith transmitted by the clerk
of the court to the Commission or other officer designated by it
for that purpose and to the Attorney General. The recor d of the
pr oceedings on which the Commission based its rule shall be
filed in the court as provided for in section 2112 of title 28,
United States Code. For purposes of this section, the term
‘‘r ecor d’’ means such consumer product safety rule; any notice
or proposal published pursuant to section 7, 8, or 9; the
transcript requir ed by section 9(d)(2) of any oral presentation;
any written submission of interested parties; and any other
infor mation which the Commission considers relevant to such
rule.
(b) If the petitioner applies to the court for leave to adduce
additional data, views, or arguments and shows to the
satisfaction of the court that such additional data, views, or
arguments are material and that there wer e reasonable grounds
for the petitioner’s failure to adduce such data, views, or
arguments in the proceeding before the Commission, the court
may order the Commission to provide additional opportunity for
the oral presentation of data, views, or arguments and for
written submissions. The Commission may modify its findings,
or make new findings by reason of the additional data, views, or
arguments so taken and shall file such modified or new
findings, and its recommendation, if any, for the modification or
setting aside of its original rule, with the retur n of such
additional data, views, or arguments.
(c) Upon the filing of the petition under subsection (a) of
this section the court shall have jurisdiction to review the
consumer product safety rule in accordance with chapter 7 of
title 5, United States Code, and to grant appropriate relief,
including interim relief, as provided in such chapter. A court
may in the interest of justice include in such relief an award of
the costs of suit, including reasonable attorneys’ fees
(deter mined in accordance with section (f){)} and reasonable
expert witnesses’ fees. Attorneys’ fees may be awarded against
the United States (or any agency or official of the United States)
without regar d to section 2412 of title 28, United States Code,
or any other provision of law. The consumer product safety rule
shall not be affir med unless the Commission’s findings under
sections 9(f)(1) and 9(f)(3) are supported by substantial evidence
on the recor d taken as a whole.
(d) The judgment of the court affir ming or setting aside, in
whole or in part, any consumer product safety rule shall be
final, subject to review by the Supreme Court of the United
States upon certiorari or certification, as provided in section
1254 of title 28 of the United States Code.
(e) The remedies provided for in this section shall be in
addition to and not in lieu of any other remedies provided by
law.
(f) For purposes of this section and sections 23(a) and 24, a
reasonable attorney’s fee is a fee (1) which is based upon (A) the
actual time expended by an attorney in providing advice and
other legal services in connection with repr esenting a person in
an action brought under this section, and (B) such reasonable
expenses as may be incurred by the attorney in the provision of
such services, and (2) which is computed at the rate prevailing
for the provision of similar services with respect to actions
br ought in the court which is awarding such fee.

                                 
IMMINENT HAZARDS

SEC. 12. [15 U.S.C. 2061]
(a) The Commission may file in a United States district
court an action (1) against an imminently hazardous consumer
pr oduct for seizure of such product under subsection (b)(2), or
(2) against any person who is a manufacturer, distributor, or
retailer of such product, or (3) against both. Such an action
may be filed notwithstanding the existence of a consumer
pr oduct safety rule applicable to such product, or the pendency
of any administrative or judicial proceedings under any other
pr ovision of this Act. As used in this section, and hereinafter in
this Act, the term ‘‘imminently hazardous consumer product’’
means a consumer product which presents imminent and
unr easonable risk of death, serious illness, or severe personal
injury.
(b)(1) The district court in which such action is filed shall
have jurisdiction to declare such product an imminently
hazar dous consumer product, and (in the case of an action
under subsection (a)(2)) to grant (as ancillary to such
declaration or in lieu thereof) such temporary or permanent
relief as may be necessary to protect the public from such risk.
Such relief may include a mandatory order requiring the
notification of such risk to purchasers of such product known
to the defendant, public notice, the recall, the repair or the
replacement of, or refund for, such product.
(2) In the case of an action under subsection (a)(1), the
consumer product may be proceeded against by process of libel
for the seizure and condemnation of such product in any United
States district court within the jurisdiction of which such
consumer product is found. Pr oceedings and cases instituted
under the authority of the preceding sentence shall conform as
nearly as possible to proceedings in rem in admiralty.
(c) Where appr opriate, concurr ently with the filing of such
action or as soon thereafter as may be practicable, the
Commission shall initiate a proceeding to promulgate a
consumer product safety rule applicable to the consumer
pr oduct with respect to which such action is filed.
(d)(1) An action under subsection (a)(2) of this section may
be brought in the United States district court for the District of
Columbia or in any judicial district in which any of the
defendants is found, is an inhabitant or transacts business;
and process in such an action may be served on a defendant in
any other district in which such defendant resides or may be
found. Subpenas requiring attendance of witnesses in such an
action may run into any other district. In determining the
judicial district in which an action may be brought under this
section in instances in which such action may be brought in
mor e than one judicial district, the Commission shall take into
account the convenience of the parties.
(2) Whenever proceedings under this section involving
substantially similar consumer products are pending in courts
in two or more judicial districts, they shall be consolidated for
trial by order of any such court upon application reasonably
made by any party in interest, upon notice to all other parties in
inter est.
(e) Notwithstanding any other provision of law, in any action
under this section, the Commission may direct attorneys
employed by it to appear and repr esent it.
(g) Nothing in this section shall be construed to requir e the
Commission, in determining whether to bring an action against
a consumer product or a person under this section, to prepar e
a comparison of the costs that would be incurred in complying
with the relief that may be order ed in such action with the
benefits to the public from such relief.

                   
RECALL OF LEAD-LINED DRINKING WATER COOLERS

[Section 1462 of the Safe Drinking Water Act, added by
Public Law 100-572, the Lead Contamination Control act of 1988,
[42 U.S.C. 300j-22.]
[Not technically part of the Consumer Product Safety Act]
For purposes of the Consumer Product Safety Act, all
drinking water coolers identified by the Administrator {of EPA} on
the list under section 1463 [42 U.S.C. 300j-23] as having a leadlined
tank shall be considered to be imminently hazardous
consumer products within the meaning of section 12 of such
Act (15 U.S.C. 2061). After notice and opportunity for
comments, including a public hearing, the Consumer Product
Safety Commission shall issue an order requiring the
manufactur ers and importers of such coolers to repair, replace,
or recall and provide a refund for such coolers within 1 year
after the enactment of the Lead Contamination Control Act of
1988. {Enacted October 31, 1988} For purposes of enforcement,
such an order shall be treated as an order under section 15(d)
of that Act (15 U.S.C. 2064(d)).

                       
PRODUCT CERTIFICATION AND LABELING

SEC. 14. [15 U.S.C. 2063]
(a)(1) Every manufacturer of a product which is subject to a
consumer product safety standard under this Act and which is
distributed in commerce (and the private labeler of such
pr oduct if it bears a private label) shall issue a certificate which
shall certify that such product conforms to all applicable
consumer product safety standards, and shall specify any
standar d which is applicable. Such certificate shall accompany
the product or shall otherwise be furnished to any distributor or
retailer to whom the product is delivered. Any certificate under
this subsection shall be based on a test of each product or upon
a reasonable testing program; shall state the name of the
manufactur er or private labeler issuing the certificate; and shall
include the date and place of manufacture.
(2) In the case of a consumer product for which there is
mor e than one manufacturer or more than one private labeler,
the Commission may by rule designate one or more of such
manufactur ers or one or more of such private labelers (as the
case may be) as the persons who shall issue the certificate
requir ed by paragraph (1) of this subsection, and may exempt
all other manufacturers of such product or all other private
labelers of the product (as the case may be) from the
requir ement under paragraph (1) to issue a certificate with
respect to such product.
(b) The Commission may by rule prescribe reasonable
testing programs for consumer products which are subject to
consumer product safety standards under this Act and for
which a certificate is requir ed under subsection (a). Any test or
testing program on the basis of which a certificate is issued
under subsection (a) may, at the option of the person requir ed
to certify the product, be conducted by an independent third
party qualified to perfor m such tests or testing programs.
(c) The Commission may by rule requir e the use and
pr escribe the form and content of labels which contain the
following information (or that portion of it specified in the
rule) —
(1) The date and place of manufacture of any
consumer product.
(2) A suitable identification of the manufacturer of
the consumer product, unless the product bears a
private label in which case it shall identify the private
labeler and shall also contain a code mark which will
per mit the seller of such product to identify the
manufactur er ther eof to the purchaser upon his
request.
(3) In the case of a consumer product subject to a
consumer product safety rule, a certification that the
pr oduct meets all applicable consumer product safety
standar ds and a specification of the standards which
ar e applicable.
Such labels, where practicable, may be requir ed by the
Commission to be permanently marked on or affixed to any
such consumer product. The Commission may, in appropriate
cases, permit information requir ed under paragraphs (1) and (2)
of this subsection to be coded.