§6004 — Title 15 Commerce and Trade | U.S. Code

Summary

Manufacturers must make bicycle helmets that are made 9 months or more after June 16, 1994 follow an approved interim safety standard until a final rule is created, and then the helmets must meet that final rule. The allowed interim standards include ANSI Z90.4–1984, Snell B–90, ASTM F1447, or any other standard the Commission approves. The Commission must start a rulemaking within 60 days after June 16, 1994 to make the final helmet standard. The final rule must include ways to keep helmets from coming off, address risks to children, and add any other needed safety parts. Until the final rule starts, helmets that do not meet an interim standard are treated as violating the Consumer Product Safety Act, and the final rule will be treated as a Consumer Product Safety Act standard.

Title 15, §6004

Commerce and Trade — Source: USLM XML via OLRC

(a)Bicycle helmets manufactured 9 months or more after June 16, 1994, 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)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) standard designated as “F 1447”.

(4)Any other standard that the Commission determines is appropriate.

(c)Not later than 60 days after June 16, 1994, the Commission shall begin a proceeding under section 553 of title 5 to—

(1)review the requirements of the interim standards set forth in subsection (a) and establish a final standard based on such requirements;

(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.

(d)(1)Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act [15 U.S.C. 2051 et seq.].

(2)The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 30(d) of the Consumer Product Safety Act, referred to in subsec. (c), was classified to section 2079(d) of this title prior to repeal by Pub. L. 110–314, title II, § 237, Aug. 14, 2008, 122 Stat. 3076. The Consumer Product Safety Act, referred to in subsec. (d), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to chapter 47 (§ 2051 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2051 of this title and Tables.

§6004 Standards