§ 2052. — 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: 15USC2052]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2052. Definitions
(a) For purposes of this chapter:
(1) The term ``consumer product'' means any article, or
component part thereof, produced or distributed (i) for sale to a
consumer for use in or around a permanent or temporary household or
residence, a school, in recreation, or otherwise, or (ii) for the
personal use, consumption or enjoyment of a consumer in or around a
permanent or temporary household or residence, a school, in
recreation, or otherwise; but such term does not include--
(A) any article which is not customarily produced or
distributed for sale to, or use or consumption by, or enjoyment
of, a consumer,
(B) tobacco and tobacco products,
(C) motor vehicles or motor vehicle equipment (as defined by
section 30102(a)(6) and (7) of title 49),
(D) pesticides (as defined by the Federal Insecticide,
Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]),
(E) any article which, if sold by the manufacturer,
producer, or importer, would be subject to the tax imposed by
section 4181 of the Internal Revenue Code of 1986 [26 U.S.C.
4181] (determined without regard to any exemptions from such tax
provided by section 4182 or 4221, or any other provision of such
Code), or any component of any such article,
(F) aircraft, aircraft engines, propellers, or appliances
(as defined in section 40102(a) of title 49),
(G) boats which could be subjected to safety regulation
under chapter 43 of title 46; vessels, and appurtenances to
vessels (other than such boats), which could be subjected to
safety regulation under title 52 of the Revised Statutes or
other marine safety statutes administered by the department in
which the Coast Guard is operating; and equipment (including
associated equipment, as defined in section 2101(1) of title 46)
to the extent that a risk of injury associated with the use of
such equipment on boats or vessels could be eliminated or
reduced by actions taken under any statute referred to in this
subparagraph,
(H) drugs, devices, or cosmetics (as such terms are defined
in sections 201(g), (h), and (i) of the Federal Food, Drug, and
Cosmetic Act [21 U.S.C. 321(g), (h), and (i)]), or
(I) food. The term ``food'', as used in this subparagraph
means all ``food'', as defined in section 201(f) of the Federal
Food, Drug, and Cosmetic Act [21 U.S.C. 321(f)], including
poultry and poultry products (as defined in sections 4(e) and
(f) of the Poultry Products Inspection Act [21 U.S.C. 453(e) and
(f)]), meat, meat food products (as defined in section 1(j) of
the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and eggs
and egg products (as defined in section 4 of the Egg Products
Inspection Act [21 U.S.C. 1033]).
Such term includes any mechanical device which carries or conveys
passengers along, around, or over a fixed or restricted route or
course or within a defined area for the purpose of giving its
passengers amusement, which is customarily controlled or directed by
an individual who is employed for that purpose and who is not a
consumer with respect to such device, and which is not permanently
fixed to a site. Such term does not include such a device which is
permanently fixed to a site. Except for the regulation under this
chapter or the Federal Hazardous Substances Act [15 U.S.C. 1261 et
seq.] of fireworks devices or any substance intended for use as a
component of any such device, the Commission shall have no authority
under the functions transferred pursuant to section 2079 of this
title to regulate any product or article described in subparagraph
(E) of this paragraph or described, without regard to quantity, in
section 845(a)(5) of title 18. See sections 2079(d) and 2080 of this
title, for other limitations on Commission's authority to regulate
certain consumer products.
(2) The term ``consumer product safety rule'' means a consumer
products safety standard described in section 2056(a) of this title,
or a rule under this chapter declaring a consumer product a banned
hazardous product.
(3) The term ``risk of injury'' means a risk of death, personal
injury, or serious or frequent illness.
(4) The term ``manufacturer'' means any person who manufactures
or imports a consumer product.
(5) The term ``distributor'' means a person to whom a consumer
product is delivered or sold for purposes of distribution in
commerce, except that such term does not include a manufacturer or
retailer of such product.
(6) The term ``retailer'' means a person to whom a consumer
product is delivered or sold for purposes of sale or distribution by
such person to a consumer.
(7)(A) The term ``private labeler'' means an owner of a brand or
trademark on the label of a consumer product which bears a private
label.
(B) A consumer product bears a private label if (i) the product
(or its container) is labeled with the brand or trademark of a
person other than a manufacturer of the product, (ii) the person
with whose brand or trademark the product (or container) is labeled
has authorized or caused the product to be so labeled, and (iii) the
brand or trademark of a manufacturer of such product does not appear
on such label.
(8) The term ``manufactured'' means to manufacture, produce, or
assemble.
(9) The term ``Commission'' means the Consumer Product Safety
Commission, established by section 2053 of this title.
(10) The term ``State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake
Island, Midway Island, Kingman Reef, Johnston Island, the Canal
Zone, American Samoa, or the Trust Territory of the Pacific Islands.
(11) The terms ``to distribute in commerce'' and ``distribution
in commerce'' mean to sell in commerce, to introduce or deliver for
introduction into commerce, or to hold for sale or distribution
after introduction into commerce.
(12) The term ``commerce'' means trade, traffic, commerce, or
transportation--
(A) between a place in a State and any place outside
thereof, or
(B) which affects trade, traffic, commerce, or
transportation described in subparagraph (A).
(13) The terms ``import'' and ``importation'' include
reimporting a consumer product manufactured or processed, in whole
or in part, in the United States.
(14) The term ``United States'', when used in the geographic
sense, means all of the States (as defined in paragraph (10)).
(b) A common carrier, contract carrier, or freight forwarder shall
not, for purposes of this chapter, be deemed to be a manufacturer,
distributor, or retailer of a consumer product solely by reason of
receiving or transporting a consumer product in the ordinary course of
its business as such a carrier or forwarder.
(Pub. L. 92-573, Sec. 3, Oct. 27, 1972, 86 Stat. 1208; Pub. L. 94-284,
Sec. 3(b), (d), May 11, 1976, 90 Stat. 503; Pub. L. 97-35, title XII,
Sec. 1213, Aug. 13, 1981, 95 Stat. 724; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095.)
References in Text
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (a)(1)(D), is act June 25, 1947, ch. 125, as amended
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, as amended,
which is classified generally to subchapter II (Sec. 136 et seq.) of
chapter 6 of Title 7, Agriculture. For complete classification of this
Act to the Code, see Short Title note set out under section 136 of Title
7 and Tables.
Title 52 of the Revised Statutes, referred to in subsec. (a)(1)(G),
consisted of R.S. Secs. 4399 to 4500, which were classified to sections
170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361,
362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399
to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466,
467 to 482, and 489 to 498 of former Title 46, Shipping. For complete
classification of R.S. Secs. 4399 to 4500 to the Code, see Tables. A
majority of such sections of the Revised Statutes were repealed and
various provisions thereof were reenacted in Title 46, Shipping, by Pub.
L. 98-89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of
former Title 46 into revised Title 46, Shipping, see Table at beginning
of Title 46.
The Federal Hazardous Substances Act, referred to in the provisions
following subsec. (a)(1)(I), is Pub. L. 86-613, July 12, 1960, 74 Stat.
372, as amended, which is classified generally to chapter 30 (Sec. 1261
et seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1261 of this title and
Tables.
For definition of Canal Zone, referred to in subsec. (a)(10), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Codification
In subsec. (a)(1)(C), (F), ``section 30102(a)(6) and (7) of title
49'' substituted for ``sections 102(3) and (4) of the National Traffic
and Motor Vehicle Safety Act of 1966 [15 U.S.C. 1391(3) and (4)]'' and
``section 40102(a) of title 49'' substituted for ``section 101 of the
Federal Aviation Act of 1958 [49 App. U.S.C. 1301]'' on authority of
Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first
section of which enacted subtitles II, III, and V to X of Title 49,
Transportation.
In subsec. (a)(1)(G), ``chapter 43 of title 46'' and ``section
2101(1) of title 46'' substituted for ``the Federal Boat Safety Act of
1971 (46 U.S.C. 1451 et seq.)'' and ``section 3(8) of the Federal Boat
Safety Act of 1971 [46 U.S.C. 1452(8)]'', respectively, on authority of
Pub. L. 98-89, Sec. 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of
which enacted Title 46, Shipping.
Amendments
1986--Subsec. (a)(1)(E). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986'' for ``Internal Revenue Code of 1954''.
1981--Subsec. (a)(1). Pub. L. 97-35 inserted provisions that term
``consumer product'' includes any mechanical device which carries or
conveys passengers along, around, or over a fixed or restricted route or
course or within a defined area for the purpose of giving its passengers
amusement, which is customarily controlled or directed by an individual
who is employed for that purpose and who is not a consumer with respect
to such device, and which is not permanently fixed to a site and that
such term does not include such a device which is permanently fixed to a
site.
1976--Subsec. (a)(1). Pub. L. 94-284 substituted in subpar. (D)
``pesticides'' for ``economic poisons'', and in provision following
subpar. (I) ``other limitations'' for ``limitations'', and inserted
provision which limited the authority of the Commission to regulate any
product or article described in subpar. (E).
Effective Date of 1981 Amendment
Section 1215 of Pub. L. 97-35 provided that:
``(a) Except as provided in subsection (b), the amendments made by
this subtitle [see Short Title of 1981 Amendment note set out under
section 2051 of this title] shall take effect on the date of the
enactment of this Act [Aug. 13, 1981].
``(b) The amendments made by section 1207 [enacting sections 1204,
1276, and 2083 of this title and amending section 2076 of this title]
shall apply with respect to consumer product safety rules under the
Consumer Product Safety Act [this chapter] and regulations under the
Federal Hazardous Substances Act [section 1261 et seq. of this title]
and the Flammable Fabrics Act [section 1191 et seq. of this title]
promulgated by the Consumer Product Safety Commission after the date of
the enactment of this Act [Aug. 13, 1981]; and the amendments made by
sections 1202, 1203, and 1206 of this subtitle [enacting section 2077 of
this title and amending sections 1193, 1262, 2056, 2057, 2058, and 2080
of this title] shall apply with respect to regulations under the
Consumer Product Safety Act, the Federal Hazardous Substances Act, and
the Flammable Fabrics Act for which notices of proposed rulemaking are
issued after August 14, 1981.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Section Referred to in Other Sections
This section is referred to in section 2085 of this title.
