Title 15, Commerce and TradeRelease 119-110
§1203 Preemption of Federal Standards
Title 15 › CHAPTER 25 — FLAMMABLE FABRICS › § 1203
Summary
Stops states and local governments from making or keeping fire-safety rules for fabrics, related materials, or products when a federal rule already covers the same fire risk. A state rule is allowed only if it is exactly the same as the federal rule. Two exceptions apply. The federal government, a state, or a local government may set its own stricter rule for things it uses. A state or local government can also ask the Commission to allow its different rule. The Commission can say yes only if following the state rule won’t make items violate the federal rule, the state rule gives much better fire protection, and it does not unduly hurt trade between states. To decide, the Commission will consider how possible and costly compliance is, where the items are sold, whether others might seek the same exemption, and whether a single national rule is needed. The Commission must give public notice and a chance to speak before making that decision under section 553(b) of title 5. Federal rules include the one kept in effect by the Act of December 14, 1967 (Public Law 90–189).
Full Legal Text
Title 15, §1203
Commerce and Trade, Source: USLM XML via OLRC
(a)Standards or regulations designed to protect against same risk as State standards or regulations; identical State standards
Except as provided in subsections (b) and (c), whenever a flammability standard or other regulation for a fabric, related material, or product is in effect under this chapter, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material, or product if the standard or other regulation is designed to protect against the same risk of occurrence of fire with respect to which the standard or other regulation under this chapter is in effect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulation.
(b)State standards or regulations which afford a higher degree of protection
The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a flammability standard or other regulation applicable to a fabric, related material, or product for its own use which standard or other regulation is designed to protect against a risk of occurrence of fire with respect to which a flammability standard or other regulation is in effect under this chapter and which is not identical to such standard or other regulation if the Federal, State, or political subdivision standard or other regulation provides a higher degree of protection from such risk of occurrence of fire than the standard or other regulation in effect under this chapter.
(c)Exemption for State standards or regulations; requirements; determination of burden on interstate commerce; notice and hearing
(1)Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any flammability standard or other regulation of such State or political subdivision applicable to a fabric, related material, or product subject to a standard or other regulation in effect under this chapter, if—
(A)compliance with the State or political subdivision requirement would not cause the fabric, related material, or product to be in violation of the standard or other regulation in effect under this chapter, and
(B)the State or political subdivision standard or other regulation (i) provides a significantly higher degree of protection from the risk of occurrence of fire with respect to which the Federal standard or other regulation is in effect, and (ii) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political subdivision flammability standard or other regulation on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such flammability standard or other regulation, the cost of complying with such flammability standard or other regulation, the geographic distribution of the fabric, related material, or product to which the flammability standard or other regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar flammability standard or other regulation, and the need for a national, uniform flammability standard or other regulation under this chapter for such fabric, related material, or product.
(2)A regulation under paragraph (1) granting an exemption for a flammability standard or other regulation of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation.
(d)Flammability standards or regulations
In this section, a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this chapter includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189).
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 11 of the Act of December 14, 1967 (Public Law 90–189), referred to in subsec. (d), is set out as a note under section 1191 of this title.
Amendments
2008—Subsec. (d). Pub. L. 110–314 amended subsec. (d) generally. Prior to amendment, text read as follows: “For purposes of this section— “(1) a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this chapter includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189); and “(2) the term ‘Commission’ means the Consumer Product Safety Commission.” 1976—Pub. L. 94–284 substituted provisions which permitted the use of flammability standards or
Regulations
not identical with the standards or
Regulations
in effect under this chapter provided that the standards or
Regulations
used afford a higher degree of protection from the risk of the occurrence of fire than the standards or regulation under this chapter, and which permitted the Commission, by regulation promulgated in accordance with section 553 of title 5, to grant an exemption for a flammability standard or other regulation of a State or political subdivision of a State, for the prior supremacy of chapter provision.
Statutory Notes and Related Subsidiaries
PreemptionThe provisions of this section establishing the extent to which the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Flammable Fabrics Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.
Reference
Citations & Metadata
Citation
15 U.S.C. § 1203
Title 15, Commerce and Trade
Last Updated
Sep 22, 2026
Release point: 119-110