§2080 Limitations on jurisdiction of Consumer Product Safety Commission

Summary

Keeps the Consumer Product Safety Commission (CPSC) from acting when other laws or agencies can handle the danger. The CPSC cannot make rules about a product risk if that risk can be removed or lessened by actions under the Occupational Safety and Health Act of 1970, the Atomic Energy Act of 1954, or the Clean Air Act. It also cannot regulate harmful radiation from electronic products if that risk can be regulated under the Public Health Service Act (part F, title III). Before the CPSC issues certain rulemaking notices (an advance notice of proposed rulemaking for a consumer product safety rule; a notice for a rule under section 2076(e); or an advance notice for regulations under section 1261(q)(1)), it must use a Panel — a group the Commission appoints to study the issue and report back. The Panel must meet within 30 days of appointment and must report within 120 days after it meets, unless the Commission gives more time. If the Panel finds a substance is a carcinogen, mutagen, or teratogen, the report must include, if possible, an estimate of likely harm to human health. The Panel ends after it files its report unless the Commission extends it. Chapter 10 of title 5 does not apply to these Panels. Each Panel report must fully explain its reasoning, and the Commission must consider and include the report when it prepares the advance notice and the final rule.