Title 15 — Commerce and TradeRelease 119-73not60
§1203 Preemption of Federal Standards
Title 15 › Chapter 25— FLAMMABLE FABRICS › § 1203
Summary
When a federal flammability rule covers a fabric, related material, or product, states and local governments may not make or keep their own rule that tries to protect against the same kind of fire risk unless their rule is exactly the same as the federal rule. The federal government, a state, or a local government may set a different rule for its own purchases if that rule gives stronger protection. A state can ask the Commission to let its rule stand if following the state rule won’t break the federal rule, the state rule gives much better protection, and it doesn’t unfairly block trade between states. The Commission may only allow that after giving public notice and a chance for oral comments as required by section 553(b) of title 5. The federal rules covered here include standards kept by section 11 of 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)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)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)(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.
(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)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
Apr 3, 2026
Release point: 119-73not60