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15 U.S.C. § 2056 — Consumer product safety standards

submitted 54 years ago by Pub. L. 92-573 to r/title-15-COMMERCE-AND-TRADE · 325 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission may issue consumer-product safety standards with performance, warning, or instruction requirements. It must rely on voluntary standards when they adequately address the risk and substantial compliance is likely, and it may share development costs under limits.

(a) The Commission may issue consumer-product safety standards under section 2058. A standard may require: (1) specified performance; or (2) clear and adequate warnings or instructions on or accompanying a product, or a specified warning or instruction format. Every requirement must be reasonably necessary to prevent or reduce an unreasonable injury risk from the product. (b)(1) The Commission must use voluntary safety standards instead of issuing a mandatory standard with subsection (a) requirements when following the voluntary standards would eliminate or adequately reduce the addressed injury risk and substantial compliance is likely. (2) It must create procedures to monitor compliance with voluntary standards on which it relied, whose development involved the Commission, or whose development it monitored. (c) If a person works with the Commission to develop a standard, the Commission may agree to pay part of that person’s participation cost when it finds the payment likely to produce a better standard and the person financially responsible. Commission regulations must identify allowable cost items and may not allow payment for land or buildings. Payments under these agreements may be made without regard to title 31 section 3324(a) and (b).

the actual law source: uscode.house.gov ↗public domain
(a) Types of requirements

The Commission may promulgate consumer product safety standards in accordance with the provisions of section 2058 of this title. A consumer product safety standard shall consist of one or more of any of the following types of requirements:

(1)

Requirements expressed in terms of performance requirements.

(2)

Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions.

Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product.

(b) Reliance of Commission upon voluntary standards
(1)

The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards 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 procedures 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 monitored.

(c) Contribution of Commission to development cost

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 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 regard to section 3324(a) and (b) of title 31.

Source credit: (Pub. L. 92–573, § 7, Oct. 27, 1972, 86 Stat. 1212; Pub. L. 94–284, §§ 6, 7, 8(a), May 11, 1976, 90 Stat. 505, 506; Pub. L. 95–631, §§ 3, 4(a)–(c), 5, Nov. 10, 1978, 92 Stat. 3742–3744; Pub. L. 97–35, title XII, § 1202, Aug. 13, 1981, 95 Stat. 703; Pub. L. 101–608, title I, § 107(a), Nov. 16, 1990, 104 Stat. 3111.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-573 · 86 Stat. 1212
  • 1976Amended · Pub. L. 94-284 · 90 Stat. 505, 506
  • 1978Amended · Pub. L. 95-631 · 92 Stat. 3742
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 703
  • 1990Amended · Pub. L. 101-608 · 104 Stat. 3111

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-573 on 1972-10-27.

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