§ 2075. — State 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: 15USC2075]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2075. State standards
(a) State compliance to Federal standards
Whenever a consumer product safety standard under this chapter is in
effect and applies to a risk of injury associated with a consumer
product, no State or political subdivision of a State shall have any
authority either to establish or to continue in effect any provision of
a safety standard or regulation which prescribes any requirements as to
the performance, composition, contents, design, finish, construction,
packaging, or labeling of such product which are designed to deal with
the same risk of injury associated with such consumer product, unless
such requirements are identical to the requirements of the Federal
standard.
(b) Consumer product safety requirements which impose performance
standards more stringent than Federal standards
Subsection (a) of this section does not prevent the Federal
Government or the government of any State or political subdivision of a
State from establishing or continuing in effect a safety requirement
applicable to a consumer product for its own use which requirement is
designed to protect against a risk of injury associated with the product
and which is not identical to the consumer product safety standard
applicable to the product under this chapter if the Federal, State, or
political subdivision requirement provides a higher degree of protection
from such risk of injury than the standard applicable under this
chapter.
(c) Exemptions
Upon application of a State or political subdivision of a State, the
Commission may by rule, after notice and opportunity for oral
presentation of views, exempt from the provisions of subsection (a) of
this section (under such conditions as it may impose in the rule) any
proposed safety standard or regulation which is described in such
application and which is designed to protect against a risk of injury
associated with a consumer product subject to a consumer product safety
standard under this chapter if the State or political subdivision
standard or regulation--
(1) provides a significantly higher degree of protection from
such risk of injury than the consumer product safety standard under
this chapter, and
(2) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political subdivision
standard or 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 standard or regulation, the cost of complying with
such standard or regulation, the geographic distribution of the consumer
product to which the standard or regulation would apply, the probability
of other States or political subdivisions applying for an exemption
under this subsection for a similar standard or regulation, and the need
for a national, uniform standard under this chapter for such consumer
product.
(Pub. L. 92-573, Sec. 26, Oct. 27, 1972, 86 Stat. 1227; Pub. L. 94-284,
Sec. 17(d), May 11, 1976, 90 Stat. 514.)
Amendments
1976--Subsec. (b). Pub. L. 94-284 substituted provision that a
standard provide a significantly higher degree of protection from the
risk of injury for the provision that the standard impose a higher level
of performance.
Subsec. (c). Pub. L. 94-284 substituted requirement that a State
standard provide a significantly higher degree of protection from the
risk of injury than the standard under this chapter for the requirement
that the State standard impose a higher level of performance, eliminated
the requirement of a compelling local condition, and inserted the
requirement that the Commission make specific findings in determining
the burden on interstate commerce.
