§ 6004. — 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: 15USC6004]
TITLE 15--COMMERCE AND TRADE
CHAPTER 86--CHILDREN'S BICYCLE HELMET SAFETY
Sec. 6004. Standards
(a) In general
Bicycle helmets manufactured 9 months or more after June 16, 1994,
shall conform to--
(1) any interim standard described under subsection (b) of this
section, pending the establishment of a final standard pursuant to
subsection (c) of this section; and
(2) the final standard, once it has been established under
subsection (c) of this section.
(b) Interim standards
The interim standards are as follows:
(1) The American National Standards Institute standard
designated as ``Z90.4-1984''.
(2) The Snell Memorial Foundation standard designated as ``B-
90''.
(3) The American Society for Testing and Materials (ASTM)
standard designated as ``F 1447''.
(4) Any other standard that the Commission determines is
appropriate.
(c) Final standard
Not later than 60 days after June 16, 1994, the Commission shall
begin a proceeding under section 553 of title 5 to--
(1) review the requirements of the interim standards set forth
in subsection (a) of this section and establish a final standard
based on such requirements;
(2) include in the final standard a provision to protect against
the risk of helmets coming off the heads of bicycle riders;
(3) include in the final standard provisions that address the
risk of injury to children; and
(4) include additional provisions as appropriate.
Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C.
2056, 2058, 2079(d)) shall not apply to the proceeding under this
subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply
with respect to any standard issued under such proceeding. The final
standard shall take effect 1 year from the date it is issued.
(d) Failure to meet standards
(1) Failure to meet interim standard
Until the final standard takes effect, a bicycle helmet that
does not conform to an interim standard as required under subsection
(a)(1) of this section shall be considered in violation of a
consumer product safety standard promulgated under the Consumer
Product Safety Act [15 U.S.C. 2051 et seq.].
(2) Status of final standard
The final standard developed under subsection (c) of this
section shall be considered a consumer product safety standard
promulgated under the Consumer Product Safety Act.
(Pub. L. 103-267, title II, Sec. 205, June 16, 1994, 108 Stat. 727.)
References in Text
The Consumer Product Safety Act, referred to in subsec. (d), is Pub.
L. 92-573, Oct. 27, 1972, 86 Stat. 1207, as amended, which is classified
generally to chapter 47 (Sec. 2051 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2051 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 6006 of this title.
