§ 2080. — Limitations on jurisdiction of Consumer Product Safety Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2080]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2080. Limitations on jurisdiction of Consumer Product
Safety Commission
(a) Authority to regulate
The Commission shall have no authority under this chapter to
regulate any risk of injury associated with a consumer product if such
risk could be eliminated or reduced to a sufficient extent by actions
taken under the Occupational Safety and Health Act of 1970 [29 U.S.C.
651 et seq.]; the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; or
the Clean Air Act [42 U.S.C. 7401 et seq.]. The Commission shall have no
authority under this chapter to regulate any risk of injury associated
with electronic product radiation emitted from an electronic product (as
such terms are defined by sections 355(1) and (2) \1\ of the Public
Health Service Act) if such risk of injury may be subjected to
regulation under subpart 3 \1\ of part F of title III of the Public
Health Service Act.
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\1\ See References in Text note below.
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(b) Certain notices of proposed rulemaking; duties of Chronic Hazard
Advisory Panel
(1) The Commission may not issue--
(A) an advance notice of proposed rulemaking for a consumer
product safety rule,
(B) a notice of proposed rulemaking for a rule under section
2076(e) of this title, or
(C) an advance notice of proposed rulemaking for regulations
under section 1261(q)(1) of this title,
relating to a risk of cancer, birth defects, or gene mutations from a
consumer product unless a Chronic Hazard Advisory Panel, established
under section 2077 of this title, has, in accordance with paragraph (2),
submitted a report to the Commission with respect to whether a substance
contained in such product is a carcinogen, mutagen, or teratogen.
(2)(A) Before the Commission issues an advance notice of proposed
rulemaking for--
(i) a consumer product safety rule,
(ii) a rule under section 2076(e) of this title, or
(iii) a regulation under section 1261(q)(1) of this title,
relating to a risk of cancer, birth defects, or gene mutations from a
consumer product, the Commission shall request the Panel to review the
scientific data and other relevant information relating to such risk to
determine if any substance in the product is a carcinogen, mutagen, or a
teratogen and to report its determination to the Commission.
(B) When the Commission appoints a Panel, the Panel shall convene
within 30 days after the date the final appointment is made to the
Panel. The Panel shall report its determination to the Commission not
later than 120 days after the date the Panel is convened or, if the
Panel requests additional time, within a time period specified by the
Commission. If the determination reported to the Commission states that
a substance in a product is a carcinogen, mutagen, or a teratogen, the
Panel shall include in its report an estimate, if such an estimate is
feasible, of the probable harm to human health that will result from
exposure to the substance.
(C) A Panel appointed under section 2077 of this title shall
terminate when it has submitted its report unless the Commission extends
the existence of the Panel.
(D) The Federal Advisory Committee Act shall not apply with respect
to any Panel established under this section.
(c) Panel report; incorporation into advance notice and final rule
Each Panel's report shall contain a complete statement of the basis
for the Panel's determination. The Commission shall consider the report
of the Panel and incorporate such report into the advance notice of
proposed rulemaking and final rule.
(Pub. L. 92-573, Sec. 31, Oct. 27, 1972, 86 Stat. 1232; Pub. L. 97-35,
title XII, Sec. 1206(b), Aug. 13, 1981, 95 Stat. 717; Pub. L. 97-414,
Sec. 9(j)(5), Jan. 4, 1983, 96 Stat. 2064.)
References in Text
The Occupational Safety and Health Act of 1970, referred to in
subsec. (a), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as
amended, which is classified principally to chapter 15 (Sec. 651 et
seq.) of Title 29, Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 651 of Title 29 and
Tables.
The Atomic Energy Act of 1954, referred to in subsec. (b), is act
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1,
68 Stat. 921, and amended, which is classified generally to chapter 23
(Sec. 2011 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title set out
under section 2011 of Title 42 and Tables.
The Clean Air Act, referred to in subsec. (a), is act July 14, 1955,
ch. 360, 69 Stat. 322, as amended, which is classified generally to
chapter 85 (Sec. 7401 et seq.) of Title 42. For complete classification
of this Act to the Code, see Short Title note set out under section 7401
of Title 42 and Tables.
The Public Health Service Act, referred to in subsec. (a), is act
July 1, 1944, ch. 373, 58 Stat. 682, as amended. Subpart 3 of part F of
title III of the Public Health Service Act, which was classified to
subpart 3 (Sec. 263b et seq.) of part F of subchapter II of chapter 6A
of Title 42, was redesignated as subchapter C of chapter V of act June
25, 1938, ch. 675, the Federal Food, Drug, and Cosmetic Act, by Pub. L.
101-629, Sec. 19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and was
transferred to part C (21 U.S.C. 360hh et seq.) of subchapter V of
chapter 9 of Title 21, Food and Drugs. Section 355 of the Public Health
Service Act, which was classified to section 263c of Title 42, was
renumbered as section 531 of act June 25, 1938, ch. 675, by Pub. L. 101-
629, Sec. 19(a)(3), (4), 104 Stat. 4530, and transferred to section
360hh of Title 21. For complete classification of the Public Health
Service Act to the Code, see Short Title note set out under section 201
of Title 42 and Tables.
The Federal Advisory Committee Act, referred to in subsec.
(b)(2)(D), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government Organization and
Employees.
Amendments
1983--Subsec. (b)(1). Pub. L. 97-414 struck out introductory text
``an advance notice of proposed rulemaking for'' after ``issue'',
inserted in subpar. (A) ``an advance notice of proposed rulemaking for''
before ``a consumer'' and in subpar. (B) ``a notice of proposed
rulemaking for'' before ``a rule'', and substituted in subpar. (C) ``an
advance notice of proposed rulemaking for regulations'' for ``a
regulation''.
1981--Pub. L. 97-35 designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 applicable with respect to regulations
under this chapter and chapters 25 and 30 of this title for which
notices of proposed rulemaking are issued after Aug. 14, 1981, see
section 1215 of Pub. L. 97-35, set out as a note under section 2052 of
this title.
Manufacture or Sale of Firearms or Firearms Ammunition
Pub. L. 94-284, Sec. 3(e), May 11, 1976, 90 Stat. 504, provided
that: ``The Consumer Product Safety Commission shall make no ruling or
order that restricts the manufacture or sale of firearms, firearms
ammunition, or components of firearms ammunition, including black powder
or gunpowder for firearms.''
Section Referred to in Other Sections
This section is referred to in sections 2052, 2077 of this title.
