[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1476]
TITLE 15--COMMERCE AND TRADE
CHAPTER 39A--SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF
CHILDREN
Sec. 1476. Preemption of Federal standards
(a) Exception for identical State standards
Except as provided in subsections (b) and (c) of this section,
whenever a standard established by the Commission under this Act
applicable to a household substance is in effect, no State or political
subdivision thereof shall have any authority either to establish or
continue in effect, with respect to such household substance, any
standard for special packaging (and any exemption therefrom and
requirement related thereto) which is not identical to the standard
established under section 1472 of this title (and any exemption
therefrom and requirement related thereto) of this Act.
(b) Federal or State standards 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, with
respect to a household substance for its own use, a standard for special
packaging or related requirement which is designed to protect against a
risk of illness or injury with respect to which a standard for special
packaging or related requirement is in effect under this Act and which
is not identical to such standard or requirement if the Federal, State,
or political subdivision standard or requirement provides a higher
degree of protection from such risk of illness or injury than the
standard or requirement in effect under this Act.
(c) Exemption for State standards; 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 standard for
special packaging or related requirement of such State or political
subdivision applicable to a household substance subject to a standard or
requirement in effect under this Act if--
(A) compliance with the State or political subdivision standard
or requirement would not cause the household substance to be in
violation of the standard or requirement in effect under this Act,
and
(B) the State or political subdivision standard or requirement
(i) provides a significantly higher degree of protection from the
risk of illness or injury with respect to which the Federal standard
or requirement is in effect, and (ii) does not unduly burden
interstate commerce.
In determining the burden, if any, of a State or political subdivision
standard or requirement 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 standard or requirement, the cost of complying with
such standard or requirement, the geographic distribution of the
household substance to which the standard or requirement would apply,
the probability of other States or political subdivisions applying for
an exemption under this subsection for a similar standard or
requirement, and the need for a national, uniform standard or
requirement under this Act for such household substance.
(2) A regulation under paragraph (1) granting an exemption for a
standard or requirement 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.
(Pub. L. 91-601, Sec. 7, formerly Sec. 8, Dec. 30, 1970, 84 Stat. 1673;
Pub. L. 92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94-
284, Sec. 17(c), May 11, 1976, 90 Stat. 513; renumbered Sec. 7, Pub. L.
97-35, title XII, Sec. 1205(c), Aug. 13, 1981, 95 Stat. 716.)
References in Text
For classification to the Code of ``this Act'', referred to in text,
see References in Te
