§2052 Definitions

Summary

Defines the key words used in the chapter so people know what the rules refer to. Appropriate Congressional committees means the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation. A children's product is something made mainly for kids 12 years old or younger; to decide this you look at the maker's statement or label, how the product is shown in packaging or ads, whether consumers commonly see it as for children, and the Age Determination Guidelines issued by the Commission staff in September 2002 (and any updates). Commerce means trade between a place in a State and a place outside it, or trade that affects that kind of cross‑place trade. The Commission means the Consumer Product Safety Commission. A consumer product is an item made or sold for use by consumers at home, school, or play, but it does not include things not normally sold to consumers, tobacco, motor vehicles and motor vehicle equipment (49 U.S.C. 30102(a)(6) and (7)), pesticides (as defined in the Federal Insecticide, Fungicide, and Rodenticide Act), items that would be subject to the tax in 26 U.S.C. 4181 (determined without regard to exemptions in 26 U.S.C. 4182, 4221, or other provisions), aircraft and related parts (49 U.S.C. 40102(a)), certain boats and vessels and their equipment, drugs/devices/cosmetics (21 U.S.C. 321(g)-(i)), and food as defined in 21 U.S.C. 321(f), including poultry (21 U.S.C. 453(e)-(f)), meat (21 U.S.C. 601(j)), and eggs (21 U.S.C. 1033). A consumer product safety rule means a safety standard or a rule that bans a hazardous product. To distribute in commerce means to sell, introduce, or hold a product for sale in commerce. A distributor is someone who receives or is sold a product to distribute, but not a manufacturer or retailer. Import or importation includes reimporting a product made in whole or part in the United States. Manufactured means made, produced, or assembled. A manufacturer is anyone who makes or imports a consumer product. A private labeler is the owner of a brand on a product when the brand owner is not the maker, the brand owner caused the labeling, and the maker's brand does not appear. A retailer is someone who sells products to consumers. Risk of injury means risk of death, personal injury, or serious or frequent illness. State means the listed States and territories (including the District of Columbia, Puerto Rico, the Virgin Islands, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, and the Trust Territory of the Pacific Islands). A third‑party logistics provider only receives, holds, or transports a product in normal business and does not take ownership. United States, when used geographically, means all of those States and territories. A common carrier, contract carrier, third‑party logistics provider, or freight forwarder is not treated as a manufacturer, distributor, or retailer just because it receives or ships products in the ordinary course of business.