21 U.S.C. § 360ss — State standards

submitted 88 years ago by Pub. L. 90-602 to r/title-21-FOOD-AND-DRUGS · 127 words · no verdicts yet

in plain englishAI-generated · not legal advice

Once the FDA sets a radiation standard for a product, states can't set a different one. The standard must match the federal one exactly for that same feature. But any government can still require stricter limits for products it buys for its own use.

Whenever a radiation-safety standard set under section 360kk applies to some aspect of an electronic product's performance, no state or local government can create — or keep — any standard covering that same aspect, unless it's identical to the federal standard. However, this doesn't stop the federal government, a state, or a local government from setting a stricter radiation limit for products it buys for its own use.

the actual law source: uscode.house.gov ↗public domain

Whenever any standard prescribed pursuant to section 360kk of this title with respect to an aspect of performance of an electronic product is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, any standard which is applicable to the same aspect of performance of such product and which is not identical to the Federal standard. Nothing in this part shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a requirement with respect to emission of radiation from electronic products procured for its own use if such requirement imposes a more restrictive standard than that required to comply with the otherwise applicable Federal standard.

Source credit: (June 25, 1938, ch. 675, § 542, formerly act July 1, 1944, ch. 373, title III, § 542, formerly § 360F, as added Pub. L. 90–602, § 2(3), Oct. 18, 1968, 82 Stat. 1186; renumbered § 542 and amended Pub. L. 101–629, § 19(a)(1)(B), (2)(H), (3), (4), Nov. 28, 1990, 104 Stat. 4529, 4530; Pub. L. 103–80, § 4(a)(2), Aug. 13, 1993, 107 Stat. 779.)

history & why it existsrecord from the source credit

1938Enacted · Pub. L. 90-602 · 82 Stat. 1186
1990Amended · Pub. L. 101-629 · 104 Stat. 4529, 4530
1993Amended · Pub. L. 103-80 · 107 Stat. 779

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-602 on 1938-06-25.

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