§2056b — Title 15 Commerce and Trade | U.S. Code

Summary

Makes the ASTM F963–07 toy safety standard (as it was on August 14, 2008) into the official federal toy safety rule 180 days after August 14, 2008, except for certain parts and any parts that repeat existing federal or FDA rules. The Consumer Product Safety Commission (CPSC) must, within 1 year after August 14, 2008, study how well that standard protects children against hazards like small magnets, toxic materials, toys with round or hemispheric ends, cords/straps/elastics, and battery-operated toys. Within 1 year after finishing that study, the CPSC must make formal rules using the normal federal rulemaking process and can make rules stricter than the ASTM standard if that will reduce injuries. The CPSC must also review and update those rules regularly and work with consumer groups, manufacturers, and child-safety experts. If ASTM proposes changes to the standard, it must tell the CPSC. The change becomes the federal rule 180 days after ASTM gives notice unless the CPSC tells ASTM within 90 days that the change does not improve safety. States can ask the CPSC to let a state safety rule replace the federal rule if the state rule gives much better protection and does not unfairly burden interstate commerce. States that had toy safety rules in effect before August 14, 2008 may keep them if they filed them with the CPSC within 90 days after August 14, 2008. Federal court review of these rules is allowed under existing law.

Title 15, §2056b

Commerce and Trade — Source: USLM XML via OLRC

(a)Beginning 180 days after August 14, 2008, the provisions of ASTM International Standard F963–07 Consumer Safety Specifications for Toy Safety (ASTM F963), as it exists on August 14, 2008 (except for section 4.2 and Annex 4 or any provision that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute or any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration) shall be considered to be consumer product safety standards issued by the Commission under section 2058 of this title.

(b)(1)Not later than 1 year after August 14, 2008, the Commission, in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, shall examine and assess the effectiveness of ASTM F963 or its successor standard (except for section 4.2 and Annex 4), as it relates to safety requirements, safety labeling requirements, and test methods related to—

(A)internal harm or injury hazards caused by the ingestion or inhalation of magnets in children’s products;

(B)toxic substances;

(C)toys with spherical ends;

(D)hemispheric-shaped objects;

(E)cords, straps, and elastics; and

(F)battery-operated toys.

(2)Within 1 year after the completion of the assessment required by paragraph (1), the Commission shall promulgate rules in accordance with section 553 of title 5 that—

(A)take into account other children’s product safety rules; and

(B)are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury of such toys.

(c)The Commission shall periodically review and revise the rules set forth under this section to ensure that such rules provide the highest level of safety for such products that is feasible.

(d)After promulgating the rules required by subsection (b), the Commission shall—

(1)in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of ASTM F963 (and alternative health protective requirements to prevent or minimize flammability of children’s products) or its successor standard, and shall assess the adequacy of such standards in protecting children from safety hazards; and

(2)in accordance with section 553 of title 5, promulgate consumer product safety rules that—

(A)take into account other children’s product safety rules; and

(B)are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such toys.

(e)The Commission shall promulgate rules beginning with the product categories that the Commission determines to be of highest priority, until the Commission has promulgated standards for all such product categories.

(f)Rules issued under this section shall be considered consumer product safety standards issued by the Commission under section 2058 of this title.

(g)If ASTM International (or its successor entity) proposes to revise ASTM F963–07, or a successor standard, it shall notify the Commission of the proposed revision. The Commission shall incorporate the revision or a section of the revision into the consumer product safety rule. The revised standard shall be considered to be a consumer product safety standard issued by the Consumer Product Safety Commission under section 2058 of this title, effective 180 days after the date on which ASTM International notifies the Commission of the revision unless, within 90 days after receiving that notice, the Commission notifies ASTM International that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard. If the Commission so notifies ASTM International with respect to a proposed revision of the standard, the existing standard shall continue to be considered to be a consumer product safety rule without regard to the proposed revision.

(h)(1)Upon application of a State or political subdivision of a State, the Commission shall, after notice and opportunity for oral presentation of views, consider a rulemaking to exempt from the provisions of section 2075(a) of this title (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a children’s product subject to the consumer product safety standards described in subsection (a) or any rule promulgated under this section. The Commission shall grant such an exemption if the State or political subdivision standard or regulation—

(A)provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard or rule under this section; and

(B)does not unduly burden interstate commerce.

(2)Nothing in this section or in section 2075 of this title shall prevent a State or political subdivision of a State from continuing in effect a safety requirement applicable to a toy or other children’s product that is designed to deal with the same risk of injury as the consumer product safety standards established by this section and that is in effect on the day before August 14, 2008, if such State or political subdivision has filed such requirement with the Commission within 90 days after August 14, 2008, in such form and in such manner as the Commission may require.

(i)The issuance of any rule under this section is subject to judicial review as provided in section 2060(g) of this title, as added by section 236 of this Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (h)(1), is Pub. L. 110–314, Aug. 14, 2008, 122 Stat. 3016, known as the Consumer Product Safety Improvement Act of 2008. For complete classification of this Act to the Code, see

Short Title

of 2008 Amendment note set out under section 2051 of this title and Tables. section 2060(g) of this title, as added by section 236 of this Act, referred to in subsec. (i), is section 2060(g) of this title, as added by section 236 of Pub. L. 110–314. Codification Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter.

Amendments

2011—Subsec. (a). Pub. L. 112–28 inserted “or any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration” after “or by statute”.

Statutory Notes and Related Subsidiaries

Definition For definition of “Commission” used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title.

§2056b Mandatory Toy Safety Standards