§ 1191. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1191]
TITLE 15--COMMERCE AND TRADE
CHAPTER 25--FLAMMABLE FABRICS
Sec. 1191. Definitions
As used in this chapter--
(a) The term ``person'' means an individual, partnership,
corporation, association, or any other form of business enterprise.
(b) The term ``commerce'' means commerce among the several States or
with foreign nations or in any territory of the United States or in the
District of Columbia or between any such territory and another, or
between any such territory and any State or foreign nation, or between
the District of Columbia or the Commonwealth of Puerto Rico and any
State or territory or foreign nation, or between the Commonwealth of
Puerto Rico and any State or territory or foreign nation or the District
of Columbia.
(c) The term ``territory'' includes the insular possessions of the
United States and also any territory of the United States.
(d) The term ``article of wearing apparel'' means any costume or
article of clothing worn or intended to be worn by individuals.
(e) The term ``interior furnishing'' means any type of furnishing
made in whole or in part of fabric or related material and intended for
use or which may reasonably be expected to be used, in homes, offices,
or other places of assembly or accommodation.
(f) The term ``fabric'' means any material (except fiber, filament,
or yarn for other than retail sale) woven, knitted, felted, or otherwise
produced from or in combination with any natural or synthetic fiber,
film, or substitute therefor which is intended for use or which may
reasonably be expected to be used, in any product as defined in
paragraph (h) of this section.
(g) The term ``related material'' means paper, plastic, rubber,
synthetic film, or synthetic foam which is intended for use or which may
reasonably be expected to be used in any product as defined in paragraph
(h) of this section.
(h) The term ``product'' means any article of wearing apparel or
interior furnishing.
(i) The term ``Commission'' means the Consumer Product Safety
Commission.
(j) The term ``Federal Trade Commission Act'' means the Act of
Congress entitled ``An Act to create a Federal Trade Commission, to
define its powers and duties, and for other purposes'', approved
September 26, 1914, as amended [15 U.S.C. 41 et seq.].
(June 30, 1953, ch. 164, Sec. 2, 67 Stat. 111; Pub. L. 90-189, Sec. 1,
Dec. 14, 1967, 81 Stat. 568; Pub. L. 92-573, Sec. 30(b), Oct. 27, 1972,
86 Stat. 1231.)
References in Text
The Federal Trade Commission Act, referred to in subsec. (j), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title.
For complete classification of this Act to the Code, see section 58 of
this title and Tables.
Amendments
1967--Par. (b). Pub. L. 90-189, Sec. 1(1), reduced from capital to
lower-case the first letter of ``territory'' wherever appearing and
redefined ``commerce'' to include commerce between the Commonwealth of
Puerto Rico and any State or territory or foreign nation or the District
of Columbia.
Par. (c). Pub. L. 90-189, Sec. 1(2), reduced from capital to lower-
case the first letter of ``territory'' wherever appearing.
Par. (d). Pub. L. 90-189, Sec. 1(3), struck out provisions which
excepted hats, gloves, and footwear from definition of ``article of
wearing apparel'' provided that: such hats did not constitute or form
part of a covering for the neck, face, or shoulders when worn by
individuals; such gloves were not more than fourteen inches in length
and were not affixed to or did not form an integral part of another
garment; and such footwear did not consist of hosiery in whole or in
part and was not affixed to or did not form an integral part of another
garment.
Par. (e). Pub. L. 90-189, Sec. 1(5), (6), added par. (e) and
redesignated former par. (e) as (f).
Par. (f). Pub. L. 90-189, Sec. 1(4), (5), (7), redesignated par. (e)
as (f), substituted ``(except fiber, filament, or yarn for other than
retail sale)'' for ``(other than fiber, filament, or yarn)'' and ``for
use or which may reasonably be expected to be used, in any product as
defined in paragraph (h) of this section'' for ``or sold for use in
wearing apparel except that interlining fabrics when intended or sold
for use in wearing apparel shall not be subject to this chapter'', and
struck out former par. (f) which defined ``interlining''.
Pars. (g) to (j). Pub. L. 90-189, Sec. 1(5), (8), added pars. (g)
and (h) and redesignated former pars. (g) and (h) as (i) and (j),
respectively.
Effective Date
Section 12 of act June 30, 1953, provided: ``This Act [enacting this
chapter] shall take effect one year after the date of its passage [June
30, 1953].''
Short Title
Section 1 of act June 30, 1953, provided: ``This Act [enacting this
chapter] may be cited as the `Flammable Fabrics Act'.''
Savings Provision
Section 11 of Pub. L. 90-189 provided that: ``Notwithstanding the
provisions of this Act [amending this section and sections 1192 to 1195,
1197, 1198, and 1200 of this title and enacting sections 1201 to 1204 of
this title], the standards of flammability in effect under the
provisions of the Flammable Fabrics Act, as amended [this chapter], on
the day preceding the date of enactment of this Act [Dec. 14, 1967],
shall continue in effect for the fabrics and articles of wearing apparel
to which they are applicable until superseded or modified by the
Secretary of Commerce pursuant to the authority conferred by the
amendments made by this Act.''
Transfer of Functions
``Consumer Product Safety Commission'' substituted for ``Federal
Trade Commission'' in par. (i) pursuant to section 30(b) of Pub. L. 92-
573, which is classified to section 2079(b) of this title and which
transferred functions of Secretary of Health, Education, and Welfare,
Secretary of Commerce, and Federal Trade Commission under this chapter
to Consumer Product Safety Commission.
Appropriations
Section 13 of act June 30, 1953, as amended by Pub. L. 90-189,
Sec. 9, Dec. 14, 1967, 81 Stat. 573; Pub. L. 92-542, Oct. 25, 1972, 86
Stat. 1108, appropriated $1,500,000 for the fiscal year ending June 30,
1968, $2,250,000 each for the fiscal year ending June 30, 1969, and the
fiscal year ending June 30, 1970, and $4,000,000 for the fiscal year
ending June 30, 1973, to carry out the provisions of this chapter.
Hazardous Substances
Federal Hazardous Substances Act as not modifying this chapter or
regulations promulgated thereunder, see Pub. L. 86-613, Sec. 18,
(formerly Sec. 17), July 12, 1960, 74 Stat. 380, as amended Pub. L. 89-
756, Sec. 4(a), Nov. 3, 1966, 80 Stat. 1305; renumbered and amended Pub.
L. 91-113, Sec. 4(a), (b)(1), Nov. 6, 1969, 83 Stat. 190, set out as a
note under section 1261 of this title.
