Title 15 — Commerce and TradeRelease 119-73not60
§2080 Limitations on Jurisdiction of Consumer Product Safety Commission
Title 15 › Chapter 47— CONSUMER PRODUCT SAFETY › § 2080
Summary
Stops the Consumer Product Safety Commission from regulating a product risk when that risk can be controlled under other federal laws. That includes risks handled under the Occupational Safety and Health Act, the Atomic Energy Act, or the Clean Air Act. It also stops the Commission from regulating radiation from electronic products if that risk can be handled under part of the Public Health Service Act. ("Electronic product radiation" = radiation from electronic devices.) The Commission may not issue certain advance notices or proposed rulemakings for those kinds of rules without a Panel review. If a Panel is appointed, it must meet within 30 days and must report within 120 days unless the Commission allows more time. If the Panel says a substance is a carcinogen, mutagen, or teratogen, the report must give a probable-harm estimate if possible. The Panel ends when it files its report unless the Commission extends it. The Panel’s report must explain its reasons and must be used in the advance notice and the final rule.
Full Legal Text
Title 15, §2080
Commerce and Trade — Source: USLM XML via OLRC
(a)The Commission shall have no authority under this chapter to regulate any risk of injury associated with a consumer product if such risk could be eliminated or reduced to a sufficient extent by actions taken under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.]; the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; or the Clean Air Act [42 U.S.C. 7401 et seq.]. The Commission shall have no authority under this chapter to regulate any risk of injury associated with electronic product radiation emitted from an electronic product (as such terms are defined by section 355(1) and (2) 11 See References in Text note below. of the Public Health Service Act) if such risk of injury may be subjected to regulation under subpart 3 1 of part F of title III of the Public Health Service Act.
(b)(1)The Commission may not issue—
(A)an advance notice of proposed rulemaking for a consumer product safety rule,
(B)a notice of proposed rulemaking for a rule under section 2076(e) of this title, or
(C)an advance notice of proposed rulemaking for regulations under section 1261(q)(1) of this title,
(2)(A)Before the Commission issues an advance notice of proposed rulemaking for—
(i)a consumer product safety rule,
(ii)a rule under section 2076(e) of this title, or
(iii)a regulation under section 1261(q)(1) of this title,
(B)When the Commission appoints a Panel, the Panel shall convene within 30 days after the date the final appointment is made to the Panel. The Panel shall report its determination to the Commission not later than 120 days after the date the Panel is convened or, if the Panel requests additional time, within a time period specified by the Commission. If the determination reported to the Commission states that a substance in a product is a carcinogen, mutagen, or a teratogen, the Panel shall include in its report an estimate, if such an estimate is feasible, of the probable harm to human health that will result from exposure to the substance.
(C)A Panel appointed under section 2077 of this title shall terminate when it has submitted its report unless the Commission extends the existence of the Panel.
(D)Chapter 10 of title 5 shall not apply with respect to any Panel established under this section.
(c)Each Panel’s report shall contain a complete statement of the basis for the Panel’s determination. The Commission shall consider the report of the Panel and incorporate such report into the advance notice of proposed rulemaking and final rule.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsec. (a), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see
Short Title
note set out under section 651 of Title 29 and Tables. The Atomic Energy Act of 1954, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see
Short Title
note set out under section 2011 of Title 42 and Tables. The Clean Air Act, referred to in subsec. (a), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act to the Code, see
Short Title
note set out under section 7401 of Title 42 and Tables. The Public Health Service Act, referred to in subsec. (a), is act
July 1, 1944, ch. 373, 58 Stat. 682. Subpart 3 of part F of title III of the Public Health Service Act, which was classified to subpart 3 (§ 263b et seq.) of part F of subchapter II of chapter 6A of Title 42, was redesignated as subchapter C of chapter V of act
June 25, 1938, ch. 675, the Federal Food, Drug, and Cosmetic Act, by Pub. L. 101–629, § 19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and was transferred to part C (21 U.S.C. 360hh et seq.) of subchapter V of chapter 9 of Title 21, Food and Drugs. section 355 of the Public Health Service Act, which was classified to section 263c of Title 42, was renumbered as section 531 of act
June 25, 1938, ch. 675, by Pub. L. 101–629, § 19(a)(3), (4), 104 Stat. 4530, and transferred to section 360hh of Title 21. For complete classification of the Public Health Service Act to the Code, see
Short Title
note set out under section 201 of Title 42 and Tables.
Amendments
2022—Subsec. (b)(2)(D). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act”. 1983—Subsec. (b)(1). Pub. L. 97–414 struck out introductory text “an advance notice of proposed rulemaking for” after “issue”, inserted in subpar. (A) “an advance notice of proposed rulemaking for” before “a consumer” and in subpar. (B) “a notice of proposed rulemaking for” before “a rule”, and substituted in subpar. (C) “an advance notice of proposed rulemaking for
Regulations
” for “a regulation”. 1981—Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date
of 1981 AmendmentAmendment by Pub. L. 97–35 applicable with respect to
Regulations
under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. Manufacture or Sale of Firearms or Firearms Ammunition Pub. L. 94–284, § 3(e), May 11, 1976, 90 Stat. 504, provided that: “The Consumer Product Safety Commission shall make no ruling or order that restricts the manufacture or sale of firearms, firearms ammunition, or components of firearms ammunition, including black powder or gunpowder for firearms.”
Reference
Citations & Metadata
Citation
15 U.S.C. § 2080
Title 15 — Commerce and Trade
Last Updated
Apr 3, 2026
Release point: 119-73not60