§ 1203. — Preemption of Federal standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1203]
TITLE 15--COMMERCE AND TRADE
CHAPTER 25--FLAMMABLE FABRICS
Sec. 1203. Preemption of Federal standards
(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) of this section,
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) of this section, 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; definitions
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.
(June 30, 1953, ch. 164, Sec. 16, as added Pub. L. 90-189, Sec. 10, Dec.
14, 1967, 81 Stat. 574; amended Pub. L. 94-284, Sec. 17(b), May 11,
1976, 90 Stat. 512.)
References in Text
Section 11 of the Act of December 14, 1967 (Public Law 90-189),
referred to in subsec. (d)(1), is set out as a note under section 1191
of this title.
Amendments
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.
