-CITE-

15 USC CHAPTER 25 - FLAMMABLE FABRICS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

.

-HEAD-

CHAPTER 25 - FLAMMABLE FABRICS

-MISC1-

Sec.

1191. Definitions.

1192. Prohibited transactions.

(a) Nonconforming products.

(b) Nonconforming components.

1193. Flammability standards or regulations.

(a) Proceedings by Commission for determination.

(b) Necessary findings; effective date; exemptions.

(c) Collection of information by Commission;

confidential status of trade secrets and

related information; disclosure of confidential

information.

(d) Applicability of section 553 of title 5; oral

presentation.

(e) Judicial review; additional information before

Commission; applicability of sections 701 to

706 of title 5; finality of judgment; survival

of action.

(f) Transcript of proceedings.

(g) Promulgation of regulation; commencement of

proceeding; publication of prescribed notice of

proposed rulemaking.

(h) Voluntary standard; publication as proposed

regulation; prerequisites for reliance by

Commission.

(i) Publication of proposed rule by Commission;

preliminary regulatory analysis; contents;

transmission of notice by Commission to

Committees.

(j) Final regulatory analysis; contents; publication;

judicial review of regulation.

(k) Petition to initiate rulemaking.

1194. Administration and enforcement.

(a) Enforcement under Federal Trade Commission Act

provisions; civil action to enforce standard or

regulation.

(b) Application of Federal Trade Commission Act

provisions.

(c) Rules and regulations.

(d) Inspection and analysis of products; cooperation

with other governmental entities.

(e) Penalties.

1195. Injunction and condemnation proceedings.

(a) Temporary injunction; venue.

(b) Process of libel for seizure and confiscation;

manner of procedure; consolidation of trials.

(c) Application by defendant for representative

sample of seized materials.

(d) Disposal of condemned materials.

1196. Penalties.

1197. Guaranties.

(a) Defense to prosecution.

(b) False guaranty.

1198. Shipments from foreign countries; demand for redelivery;

claim for liquidated damages.

1199. Chapter as additional legislation.

1200. Persons excluded from operation of chapter.

1201. Study and investigation; research, development and training.

1202. Exemptions.

(a) Exports; risk of injury to residents of United

States.

(b) Imports intended for export; risk of injury to

residents of United States.

(c) Statement of exportation: filing period,

information; notification of foreign country;

petition for minimum filing period; good cause.

1203. Preemption of Federal standards.

(a) Standards or regulations designed to protect

against same risk as State standards or

regulations; identical State standards.

(b) State standards or regulations which afford a

higher degree of protection.

(c) Exemption for State standards or regulations;

requirements; determination of burden on

interstate commerce; notice and hearing.

(d) Flammability standards or regulations;

definitions.

1204. Congressional veto of flammability regulations.

(a) Transmission to Congress.

(b) Disapproval by concurrent resolution.

(c) Presumptions from Congressional action or

inaction.

(d) Continuous session of Congress.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1204, 2055, 2079 of this

title.

-CITE-

15 USC Sec. 1191 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1191. Definitions

-STATUTE-

As used in this chapter -

(a) The term ''person'' means an individual, partnership,

corporation, association, or any other form of business enterprise.

(b) The term ''commerce'' means commerce among the several States

or with foreign nations or in any territory of the United States or

in the District of Columbia or between any such territory and

another, or between any such territory and any State or foreign

nation, or between the District of Columbia or the Commonwealth of

Puerto Rico and any State or territory or foreign nation, or

between the Commonwealth of Puerto Rico and any State or territory

or foreign nation or the District of Columbia.

(c) The term ''territory'' includes the insular possessions of

the United States and also any territory of the United States.

(d) The term ''article of wearing apparel'' means any costume or

article of clothing worn or intended to be worn by individuals.

(e) The term ''interior furnishing'' means any type of furnishing

made in whole or in part of fabric or related material and intended

for use or which may reasonably be expected to be used, in homes,

offices, or other places of assembly or accommodation.

(f) The term ''fabric'' means any material (except fiber,

filament, or yarn for other than retail sale) woven, knitted,

felted, or otherwise produced from or in combination with any

natural or synthetic fiber, film, or substitute therefor which is

intended for use or which may reasonably be expected to be used, in

any product as defined in paragraph (h) of this section.

(g) The term ''related material'' means paper, plastic, rubber,

synthetic film, or synthetic foam which is intended for use or

which may reasonably be expected to be used in any product as

defined in paragraph (h) of this section.

(h) The term ''product'' means any article of wearing apparel or

interior furnishing.

(i) The term ''Commission'' means the Consumer Product Safety

Commission.

(j) The term ''Federal Trade Commission Act'' means the Act of

Congress entitled ''An Act to create a Federal Trade Commission, to

define its powers and duties, and for other purposes'', approved

September 26, 1914, as amended (15 U.S.C. 41 et seq.).

-SOURCE-

(June 30, 1953, ch. 164, Sec. 2, 67 Stat. 111; Pub. L. 90-189, Sec.

1, Dec. 14, 1967, 81 Stat. 568; Pub. L. 92-573, Sec. 30(b), Oct.

27, 1972, 86 Stat. 1231.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (j), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

-MISC2-

AMENDMENTS

1967 - Par. (b). Pub. L. 90-189, Sec. 1(1), reduced from capital

to lower-case the first letter of ''territory'' wherever appearing

and redefined ''commerce'' to include commerce between the

Commonwealth of Puerto Rico and any State or territory or foreign

nation or the District of Columbia.

Par. (c). Pub. L. 90-189, Sec. 1(2), reduced from capital to

lower-case the first letter of ''territory'' wherever appearing.

Par. (d). Pub. L. 90-189, Sec. 1(3), struck out provisions which

excepted hats, gloves, and footwear from definition of ''article of

wearing apparel'' provided that: such hats did not constitute or

form part of a covering for the neck, face, or shoulders when worn

by individuals; such gloves were not more than fourteen inches in

length and were not affixed to or did not form an integral part of

another garment; and such footwear did not consist of hosiery in

whole or in part and was not affixed to or did not form an integral

part of another garment.

Par. (e). Pub. L. 90-189, Sec. 1(5), (6), added par. (e) and

redesignated former par. (e) as (f).

Par. (f). Pub. L. 90-189, Sec. 1(4), (5), (7), redesignated par.

(e) as (f), substituted ''(except fiber, filament, or yarn for

other than retail sale)'' for ''(other than fiber, filament, or

yarn)'' and ''for use or which may reasonably be expected to be

used, in any product as defined in paragraph (h) of this section''

for ''or sold for use in wearing apparel except that interlining

fabrics when intended or sold for use in wearing apparel shall not

be subject to this chapter'', and struck out former par. (f) which

defined ''interlining''.

Pars. (g) to (j). Pub. L. 90-189, Sec. 1(5), (8), added pars. (g)

and (h) and redesignated former pars. (g) and (h) as (i) and (j),

respectively.

EFFECTIVE DATE

Section 12 of act June 30, 1953, provided: ''This Act (enacting

this chapter) shall take effect one year after the date of its

passage (June 30, 1953).''

SHORT TITLE

Section 1 of act June 30, 1953, provided: ''This Act (enacting

this chapter) may be cited as the 'Flammable Fabrics Act'.''

SAVINGS PROVISION

Section 11 of Pub. L. 90-189 provided that: ''Notwithstanding the

provisions of this Act (amending this section and sections 1192 to

1195, 1197, 1198, and 1200 of this title and enacting sections 1201

to 1204 of this title), the standards of flammability in effect

under the provisions of the Flammable Fabrics Act, as amended (this

chapter), on the day preceding the date of enactment of this Act

(Dec. 14, 1967), shall continue in effect for the fabrics and

articles of wearing apparel to which they are applicable until

superseded or modified by the Secretary of Commerce pursuant to the

authority conferred by the amendments made by this Act.''

-TRANS-

TRANSFER OF FUNCTIONS

''Consumer Product Safety Commission'' substituted for ''Federal

Trade Commission'' in par. (i) pursuant to section 30(b) of Pub. L.

92-573, which is classified to section 2079(b) of this title and

which transferred functions of Secretary of Health, Education, and

Welfare, Secretary of Commerce, and Federal Trade Commission under

this chapter to Consumer Product Safety Commission.

-MISC5-

APPROPRIATIONS

Section 13 of act June 30, 1953, as amended by Pub. L. 90-189,

Sec. 9, Dec. 14, 1967, 81 Stat. 573; Pub. L. 92-542, Oct. 25, 1972,

86 Stat. 1108, appropriated $1,500,000 for the fiscal year ending

June 30, 1968, $2,250,000 each for the fiscal year ending June 30,

1969, and the fiscal year ending June 30, 1970, and $4,000,000 for

the fiscal year ending June 30, 1973, to carry out the provisions

of this chapter.

HAZARDOUS SUBSTANCES

Federal Hazardous Substances Act as not modifying this chapter or

regulations promulgated thereunder, see Pub. L. 86-613, Sec. 18,

(formerly Sec. 17), July 12, 1960, 74 Stat. 380, as amended Pub. L.

89-756, Sec. 4(a), Nov. 3, 1966, 80 Stat. 1305; renumbered and

amended Pub. L. 91-113, Sec. 4(a), (b)(1), Nov. 6, 1969, 83 Stat.

190, set out as a note under section 1261 of this title.

-CITE-

15 USC Sec. 1192 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1192. Prohibited transactions

-STATUTE-

(a) Nonconforming products

The manufacture for sale, the sale, or the offering for sale, in

commerce, or the importation into the United States, or the

introduction, delivery for introduction, transportation or causing

to be transported, in commerce, or the sale or delivery after a

sale or shipment in commerce, of any product, fabric, or related

material which fails to conform to an applicable standard or

regulation issued or amended under the provisions of section 1193

of this title, shall be unlawful and shall be an unfair method of

competition and an unfair and deceptive act or practice in commerce

under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(b) Nonconforming components

The manufacture for sale, the sale, or the offering for sale, of

any product made of fabric or related material which fails to

conform to an applicable standard or regulation issued or amended

under section 1193 of this title, and which has been shipped or

received in commerce shall be unlawful and shall be an unfair

method of competition and an unfair and deceptive act or practice

in commerce under the Federal Trade Commission Act (15 U.S.C. 41 et

seq.).

-SOURCE-

(June 30, 1953, ch. 164, Sec. 3, 67 Stat. 111; Pub. L. 90-189, Sec.

2, Dec. 14, 1967, 81 Stat. 568.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

-MISC2-

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-189 substituted ''or the sale or

delivery after a sale or shipment in commerce, of any product,

fabric, or related material which fails to conform to an applicable

standard or regulation issued or amended under the provisions of

section 1193 of this title'' for ''or for the purpose of sale or

delivery after sale in commerce, of any article of wearing apparel

which under the provisions of section 1193 of this title is so

highly flammable as to be dangerous when worn by individuals''.

Subsecs. (b), (c). Pub. L. 90-189 struck out former subsec. (b)

which made the sale or the offering for sale, in commerce, or the

importation into the United States, or the introduction, delivery

for introduction, transportation or causing to be transported in

commerce or for the purpose of sale or delivery after sale in

commerce, of any fabric which under the provisions of section 1193

of this title was so highly flammable as to be dangerous when worn

by individuals unlawful and an unfair method of competition and an

unfair and deceptive act or practice in commerce under the Federal

Trade Commission Act, redesignated subsec. (c) as (b) and, in

subsec. (b) as so redesignated, substituted ''product made of

fabric or related material which fails to conform to an applicable

standard or regulation issued or amended under section 1193 of this

title'' for ''article of wearing apparel made of fabric which under

section 1193 of this title is so highly flammable as to be

dangerous when worn by individuals''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare,

Secretary of Commerce, and Federal Trade Commission under this

chapter transferred to Consumer Product Safety Commission, along

with functions of Federal Trade Commission under Federal Trade

Commission Act, to extent such functions relate to administration

and enforcement of this chapter, see section 2079 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1194, 1195, 1196, 1197 of

this title.

-CITE-

15 USC Sec. 1193 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1193. Flammability standards or regulations

-STATUTE-

(a) Proceedings by Commission for determination

Whenever the Consumer Product Safety Commission finds on the

basis of the investigations or research conducted pursuant to

section 1201 of this title that a new or amended flammability

standard or other regulation, including labeling, for a fabric,

related material, or product may be needed to protect the public

against unreasonable risk of the occurrence of fire leading to

death or personal injury, or significant property damage, it shall

institute proceedings for the determination of an appropriate

flammability standard (including conditions and manner of testing)

or other regulation or amendment thereto for such fabric, related

material, or product.

(b) Necessary findings; effective date; exemptions

Each standard, regulation, or amendment thereto promulgated

pursuant to this section shall be based on findings that such

standard, regulation, or amendment thereto is needed to adequately

protect the public against unreasonable risk of the occurrence of

fire leading to death, injury, or significant property damage, is

reasonable, technologically practicable, and appropriate, is

limited to such fabrics, related materials, or products which have

been determined to present such unreasonable risks, and shall be

stated in objective terms. Each such standard, regulation, or

amendment thereto, shall become effective twelve months from the

date on which such standard, regulation, or amendment is

promulgated, unless the Consumer Product Safety Commission finds

for good cause shown that an earlier or later effective date is in

the public interest and publishes the reason for such finding.

Each such standard or regulation or amendment thereto shall exempt

fabrics related materials, or products in inventory or with the

trade as of the date on which the standard, regulation, or

amendment thereto, becomes effective except that, if the Commission

finds that any such fabric, related material, or product is so

highly flammable as to be dangerous when used by consumers for the

purpose for which it is intended, it may under such conditions as

the Commission may prescribe, withdraw, or limit the exemption for

such fabric, related material, or product.

(c) Collection of information by Commission; confidential status of

trade secrets and related information; disclosure of

confidential information

The Consumer Product Safety Commission may obtain from any person

by regulation or subpena issued pursuant thereto such information

in the form of testimony, books, records, or other writings as is

pertinent to the findings or determinations which it is required or

authorized to make pursuant to this chapter. All information

reported to or otherwise obtained by the Commission or its

representative pursuant to this subsection which information

contains or relates to a trade secret or other matter referred to

in section 1905 title 18, shall be considered confidential for the

purpose of that section, except that such information may be

disclosed to other officers or employees concerned with carrying

out this chapter or when relevant in any proceeding under this

chapter. Nothing in this section shall authorize the withholding

of information by the Commission or any officer or employee under

its control, from the duly authorized committees of the Congress.

(d) Applicability of section 553 of title 5; oral presentation

Standards, regulations, and amendments to standards and

regulations under this section shall be made in accordance with

section 553 of title 5, except that interested persons shall be

given an opportunity for the oral presentation of data, views, or

arguments in addition to an opportunity to make written

submissions. A transcript shall be kept of any oral presentation.

(e) Judicial review; additional information before Commission;

applicability of sections 701 to 706 of title 5; finality of

judgment; survival of action

(1) Any person who will be adversely affected by any such

standard or regulation or amendment thereto when it is effective

may at any time prior to the sixtieth day after such standard or

regulation or amendment thereto is issued file a petition with the

United States court of appeals for the circuit wherein such person

resides or has his principal place of business, for a judicial

review thereof. A copy of the petition shall be forthwith

transmitted by the clerk of the court to the Commission or other

officer designated by it for that purpose. The Commission

thereupon shall file in the court the record of the proceedings on

which the Commission based the standard or regulation, as provided

in section 2112 of title 28.

(2) If the petitioner applies to the court for leave to adduce

additional evidence, and shows to the satisfaction of the court

that such additional evidence is material and that there were

reasonable grounds for the failure to adduce such evidence in the

proceeding before the Commission, the court may order such

additional evidence (and evidence in rebuttal thereof) to be taken

before the Commission, and to be adduced upon the hearing, in such

manner and upon such terms and conditions as to the court may seem

proper. The Commission may modify its findings, or make new

findings, by reason of the additional evidence so taken, and it

shall file such modified or new findings, and its recommendations,

if any, for the modification or setting aside of its original

standard or regulation or amendment thereto, with the return of

such additional evidence.

(3) Upon the filing of the petition referred to in paragraph (1)

of this subsection, the court shall have jurisdiction to review the

standard or regulation in accordance with chapter 7 of title 5 and

to grant appropriate relief as provided in such chapter. The

standard or regulation shall not be affirmed unless the findings

required by the first sentence of subsection (b) of this section

are supported by substantial evidence on the record taken as a

whole. For purposes of this paragraph, the term ''record'' means

the standard or regulation, any notice published with respect to

the promulgation of such standard or regulation, the transcript

required by subsection (d) of this section of any oral

presentation, any written submission of interested parties, and any

other information which the Commission considers relevant to such

standard or regulation.

(4) The judgment of the court affirming or setting aside, in

whole or in part, any such standard or regulation of the Commission

shall be final, subject to review by the Supreme Court of the

United States upon certiorari or certification as provided in

section 1254 of title 28.

(5) Any action instituted under this subsection shall survive,

notwithstanding any change in the persons occupying the office of

Commissioner or any vacancy in such office.

(6) The remedies provided for in this subsection shall be in

addition to and not in substitution for any other remedies provided

by law.

(f) Transcript of proceedings

A certified copy of the transcript of the record and proceedings

under subsection (e) of this section shall be furnished by the

Commission to any interested party at its request, and payment of

the costs thereof, and shall be admissible in any criminal,

exclusion of imports, or other proceeding arising under or in

respect of this chapter, irrespective of whether proceedings with

respect to the standard or regulation or amendment thereto have

previously been initiated or become final under subsection (e) of

this section.

(g) Promulgation of regulation; commencement of proceeding;

publication of prescribed notice of proposed rulemaking

A proceeding for the promulgation of a regulation under this

section for a fabric, related material, or product shall be

commenced by the publication in the Federal Register of an advance

notice of proposed rulemaking which shall -

(1) identify the fabric, related material, or product and the

nature of the risk of injury associated with the fabric, related

material, or product;

(2) include a summary of each of the regulatory alternatives

under consideration by the Commission (including voluntary

standards);

(3) include information with respect to any existing standard

known to the Commission which may be relevant to the proceedings,

together with a summary of the reasons why the Commission

believes preliminarily that such standard does not eliminate or

adequately reduce the risk of injury identified in paragraph (1);

(4) invite interested persons to submit to the Commission,

within such period as the Commission shall specify in the notice

(which period shall not be less than 30 days or more than 60 days

after the date of publication of the notice), comments with

respect to the risk of injury identified by the Commission, the

regulatory alternatives being considered, and other possible

alternatives for addressing the risk;

(5) invite any person (other than the Commission) to submit to

the Commission, within such period as the Commission shall

specify in the notice (which period shall not be less than 30

days after the date of publication of the notice), an existing

standard or a portion of a standard as a proposed regulation.

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''regulation;

and''.

(6) invite any person (other than the Commission) to submit to

the Commission, within such period as the Commission shall

specify in the notice (which period shall not be less than 30

days after the date of publication of the notice), a statement of

intention to modify or develop a voluntary standard to address

the risk of injury identified in paragraph (1) together with a

description of a plan to modify or develop the standard.

The Commission shall transmit such notice within 10 calendar days

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives.

(h) Voluntary standard; publication as proposed regulation;

prerequisites for reliance by Commission

(1) If the Commission determines that any standard submitted to

it in response to an invitation in a notice published under

subsection (g)(5) of this section if promulgated (in whole, in

part, or in combination with any other standard submitted to the

Commission or any part of such a standard) as a regulation, would

eliminate or adequately reduce the risk of injury identified in the

notice provided under subsection (g)(1) of this section, the

Commission may publish such standard, in whole, in part, or in such

combination and with nonmaterial modifications, as a proposed

regulation under this section.

(2) If the Commission determines that -

(A) compliance with any standard submitted to it in response to

an invitation in a notice published under subsection (g)(6) of

this section is likely to result in the elimination or adequate

reduction of the risk of injury identified in the notice, and

(B) it is likely that there will be substantial compliance with

such standard,

the Commission shall terminate any proceeding to promulgate a

regulation respecting such risk of injury and shall publish in the

Federal Register a notice which includes the determination of the

Commission and which notifies the public that the Commission will

rely on the voluntary standard to eliminate or reduce the risk of

injury, except that the Commission shall terminate any such

proceeding and rely on a voluntary standard only if such voluntary

standard is in existence. For purposes of this section, a

voluntary standard shall be considered to be in existence when it

is finally approved by the organization or other person which

developed such standard, irrespective of the effective date of the

standard. Before relying upon any voluntary standard, the

Commission shall afford interested persons (including

manufacturers, consumers, and consumer organizations) a reasonable

opportunity to submit written comments regarding such standard.

The Commission shall consider such comments in making any

determination regarding reliance on the involved voluntary standard

under this subsection.

(3) The Commission shall devise procedures to monitor compliance

with any voluntary standards -

(A) upon which the Commission has relied under paragraph (2) of

this subsection;

(B) which were developed with the participation of the

Commission; or

(C) whose development the Commission has monitored.

(i) Publication of proposed rule by Commission; preliminary

regulatory analysis; contents; transmission of notice by

Commission to Committees

No regulation may be proposed by the Commission under this

section unless, not less than 60 days after publication of the

notice required in subsection (g) of this section, the Commission

publishes in the Federal Register the text of the proposed rule,

including any alternatives, which the Commission proposes to

promulgate, together with a preliminary regulatory analysis

containing -

(1) a preliminary description of the potential benefits and

potential costs of the proposed regulation, including any

benefits or costs that cannot be quantified in monetary terms,

and an identification of those likely to receive the benefits and

bear the costs;

(2) a discussion of the reasons any standard or portion of a

standard submitted to the Commission under subsection (g)(5) of

this section was not published by the Commission as the proposed

regulation or part of the proposed regulation;

(3) a discussion of the reasons for the Commission's

preliminary determination that efforts proposed under subsection

(g)(6) of this section and assisted by the Commission as required

by section 2054(a)(3) of this title would not, within a

reasonable period of time, be likely to result in the development

of a voluntary standard that would eliminate or adequately reduce

the risk of injury identified in the notice provided under

subsection (g)(1) of this section; and

(4) a description of any reasonable alternatives to the

proposed regulation, together with a summary description of their

potential costs and benefits, and a brief explanation of why such

alternatives should not be published as a proposed regulation.

The Commission shall transmit such notice within 10 calendar days

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives.

(j) Final regulatory analysis; contents; publication; judicial

review of regulation

(1) The Commission shall not promulgate a regulation under this

section unless it has prepared a final regulatory analysis of the

regulation containing the following information:

(A) A description of the potential benefits and potential costs

of the regulation, including costs and benefits that cannot be

quantified in monetary terms, and the identification of those

likely to receive the benefits and bear the costs.

(B) A description of any alternatives to the final regulation

which were considered by the Commission, together with a summary

description of their potential benefits and costs and a brief

explanation of the reasons why these alternatives were not

chosen.

(C) A summary of any significant issues raised by the comments

submitted during the public comment period in response to the

preliminary regulatory analysis, and a summary of the assessment

by the Commission of such issues.

The Commission shall publish its final regulatory analysis with the

regulation.

(2) The Commission shall not promulgate a regulation under this

section unless it finds (and includes such finding in the

regulation) -

(A) in the case of a regulation which relates to a risk of

injury with respect to which persons who would be subject to such

regulation have adopted and implemented a voluntary standard,

that -

(i) compliance with such voluntary standard is not likely to

result in the elimination or adequate reduction of such risk of

injury; or

(ii) it is unlikely that there will be substantial compliance

with such voluntary standard;

(B) that the benefits expected from the regulation bear a

reasonable relationship to its costs; and

(C) that the regulation imposes the least burdensome

requirement which prevents or adequately reduces the risk of

injury for which the regulation is being promulgated.

(3)(A) Any regulatory analysis prepared under subsection (i) of

this section or paragraph (1) shall not be subject to independent

judicial review, except that when an action for judicial review of

a regulation is instituted, the contents of any such regulatory

analysis shall constitute part of the whole rulemaking record of

agency action in connection with such review.

(B) The provisions of subparagraph (A) shall not be construed to

alter the substantive or procedural standards otherwise applicable

to judicial review of any action by the Commission.

(k) Petition to initiate rulemaking

The Commission shall grant, in whole or in part, or deny any

petition under section 553(e) of title 5 requesting the Commission

to initiate a rulemaking, within a reasonable time after the date

on which such petition is filed. The Commission shall state the

reasons for granting or denying such petition. The Commission may

not deny any such petition on the basis of a voluntary standard

unless the voluntary standard is in existence at the time of the

denial of the petition, the Commission has determined that the

voluntary standard is likely to result in the elimination or

adequate reduction of the risk of injury identified in the

petition, and it is likely that there will be substantial

compliance with the standard.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 4, 67 Stat. 112; Aug. 23, 1954, ch.

833, 68 Stat. 770; Pub. L. 90-189, Sec. 3, Dec. 14, 1967, 81 Stat.

569; Pub. L. 92-573, Sec. 30(b), Oct. 27, 1972, 86 Stat. 1231; Pub.

L. 94-284, Sec. 20(a), May 11, 1976, 90 Stat. 515; Pub. L. 97-35,

title XII, Sec. 1203(b)(2), Aug. 13, 1981, 95 Stat. 711; Pub. L.

101-608, title I, Sec. 107(c), 108(c), 110(c), Nov. 16, 1990, 104

Stat. 3112-3114.)

-MISC1-

AMENDMENTS

1990 - Subsec. (h)(2). Pub. L. 101-608, Sec. 108(c), struck out

period at end and inserted '', except that the Commission shall

terminate any such proceeding and rely on a voluntary standard only

if such voluntary standard is in existence. For purposes of this

section, a voluntary standard shall be considered to be in

existence when it is finally approved by the organization or other

person which developed such standard, irrespective of the effective

date of the standard. Before relying upon any voluntary standard,

the Commission shall afford interested persons (including

manufacturers, consumers, and consumer organizations) a reasonable

opportunity to submit written comments regarding such standard.

The Commission shall consider such comments in making any

determination regarding reliance on the involved voluntary standard

under this subsection.''

Subsec. (h)(3). Pub. L. 101-608, Sec. 107(c), added par. (3).

Subsec. (k). Pub. L. 101-608, Sec. 110(c), added subsec. (k).

1981 - Subsecs. (g) to (j). Pub. L. 97-35 added subsecs. (g) to

(j).

1976 - Subsec. (d). Pub. L. 94-284, Sec. 20(a)(1), provided that

standards, regulations, and amendments made thereto, be made in

accordance with section 553 of title 5, except that oral

presentation be available with a transcript of such oral

presentation kept.

Subsec. (e)(3). Pub. L. 94-284, Sec. 20(a)(2), provided that the

court not affirm a standard or regulation unless the findings of

the Secretary are supported by substantial evidence on the record.

1967 - Pub. L. 90-189 revised section generally to achieve

greater flexibility in the promulgation of flammability standards

by substituting provisions authorizing the Secretary of Commerce to

issue standards of flammability or regulations (including labeling)

for fabrics, related materials or products after observing certain

specified procedural requirements for provisions which prescribed

certain fixed standards of flammability which could be updated only

by legislation.

1954 - Subsec. (c). Act Aug. 23, 1954, added subsec. (c).

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 applicable with respect to regulations

under this chapter and chapters 30 and 47 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 a note under section 2052 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 20(b) of Pub. L. 94-284 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply with

respect to standards, regulations, and amendments to standards and

regulations, under section 4 of the Flammable Fabrics Act (this

section) the proceedings for the promulgation of which were begun

after the date of the enactment of this Act (May 11, 1976).''

-TRANS-

TRANSFER OF FUNCTIONS

''Consumer Product Safety Commission'' substituted for

''Secretary of Commerce'', ''Commission'' substituted for

''Secretary'', ''it'' substituted for ''he'', and ''its''

substituted for ''his'' wherever appearing in subsecs. (a) to (f)

except in subsec. (e)(5), where ''persons occupying the office of

Commissioner'' was substituted for ''person occupying the office of

Secretary'', pursuant to section 30(b) of Pub. L. 92-573, which is

classified to section 2079(b) of this title and which transferred

functions of Secretary of Health, Education, and Welfare, Secretary

of Commerce, and Federal Trade Commission under this chapter to

Consumer Product Safety Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1192, 1194, 1197, 1200,

1204 of this title.

-CITE-

15 USC Sec. 1194 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1194. Administration and enforcement

-STATUTE-

(a) Enforcement under Federal Trade Commission Act provisions;

civil action to enforce standard or regulation

Except as otherwise specifically provided herein, sections 1192,

1194, 1195, and 1197(b) of this title shall be enforced by the

Commission under rules, regulations and procedures provided for in

the Federal Trade Commission Act (15 U.S.C. 41 et seq.). In the

case of an attorney general of a State alleging a violation of a

standard or regulation under section 1193 of this title that

affects or may affect such State or its residents, such attorney

general may bring a civil action for an injunction to enforce the

requirement of such standard or regulation. The procedural

requirements of section 2073 of this title shall apply to any such

action.

(b) Application of Federal Trade Commission Act provisions

The Commission is authorized and directed to prevent any person

from violating the provisions of section 1192 of this title in the

same manner, by the same means and with the same jurisdiction,

powers and duties as though all applicable terms and provisions of

the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were

incorporated into and made a part of this chapter; and any such

person violating any provision of section 1192 of this title shall

be subject to the penalties and entitled to the privileges and

immunities provided in said Federal Trade Commission Act as though

the applicable terms and provisions of the said Federal Trade

Commission Act were incorporated into and made a part of this

chapter.

(c) Rules and regulations

The Commission is authorized and directed to prescribe such rules

and regulations, including provisions for maintenance of records

relating to fabrics, related materials, and products, as may be

necessary and proper for administration and enforcement of this

chapter. The violation of such rules and regulations shall be

unlawful and shall be an unfair method of competition and an unfair

and deceptive act or practice, in commerce, under the Federal Trade

Commission Act (15 U.S.C. 41 et seq.).

(d) Inspection and analysis of products; cooperation with other

governmental entities

The Commission is authorized to -

(1) cause inspections, analyses, tests, and examinations to be

made of any product, fabric or related material which it has

reason to believe falls within the prohibitions of this chapter;

and

(2) cooperate on matters related to the purposes of this

chapter with any department or agency of the Government; with any

State or territory or with the District of Columbia or the

Commonwealth of Puerto Rico; or with any department, agency, or

political subdivision thereof; or with any person.

(e) Penalties

(1) Any person who knowingly violates a regulation or standard

under section 1193 of this title shall be subject to a civil

penalty not to exceed $5,000 for each such violation, except that

the maximum civil penalty shall not exceed $1,250,000 for any

related series of violations.

(2) In determining the amount of any penalty to be sought upon

commencing an action seeking to assess a penalty for a violation of

a regulation or standard under section 1193 of this title, the

Commission shall consider the nature and number of the violations,

the severity of the risk of injury, the occurrence or absence of

injury, and the appropriateness of such penalty in relation to the

size of the business of the person charged.

(3) Any civil penalty under this subsection may be compromised by

the Commission. In determining the amount of such penalty or

whether it should be remitted or mitigated, and in what amount, the

Commission shall consider the nature and number of the violations,

the appropriateness of such penalty to the size of the business of

the persons charged, the severity of the risk of injury, and the

occurrence or absence of injury. The amount of such penalty when

finally determined, or the amount agreed on compromise, may be

deducted from any sums owing by the United States to the person

charged.

(4) As used in paragraph (1), the term ''knowingly'' means (A)

having actual knowledge, or (B) the presumed having of knowledge

deemed to be possessed by a reasonable person who acts in the

circumstances, including knowledge obtainable upon the exercise of

due care to ascertain the truth of representations.

(5)(A) The maximum penalty amounts authorized in paragraph (1)

shall be adjusted for inflation as provided in this paragraph.

(B) Not later than December 1, 1994, and December 1 of each fifth

calendar year thereafter, the Commission shall prescribe and

publish in the Federal Register a schedule of maximum authorized

penalties that shall apply for violations that occur after January

1 of the year immediately following such publication.

(C) The schedule of maximum authorized penalties shall be

prescribed by increasing each of the amounts referred to in

paragraph (1) by the cost-of-living adjustment for the preceding

five years. Any increase determined under the preceding sentence

shall be rounded to -

(i) in the case of penalties greater than $1,000 but less than

or equal to $10,000, the nearest multiple of $1,000;

(ii) in the case of penalties greater than $10,000 but less

than or equal to $100,000, the nearest multiple of $5,000;

(iii) in the case of penalties greater than $100,000 but less

than or equal to $200,000, the nearest multiple of $10,000; and

(iv) in the case of penalties greater than $200,000, the

nearest multiple of $25,000.

(D) For purposes of this subsection:

(i) The term ''Consumer Price Index'' means the Consumer Price

Index for all-urban consumers published by the Department of

Labor.

(ii) The term ''cost-of-living adjustment for the preceding

five years'' means the percentage by which -

(I) the Consumer Price Index for the month of June of the

calendar year preceding the adjustment; exceeds

(II) the Consumer Price Index for the month of June preceding

the date on which the maximum authorized penalty was last

adjusted.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 5, 67 Stat. 112; Pub. L. 90-189, Sec.

4, Dec. 14, 1967, 81 Stat. 570; Pub. L. 101-608, title I, Sec.

115(c), 118(b), Nov. 16, 1990, 104 Stat. 3120, 3122.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsecs. (a),

(b), and (c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as

amended, which is classified generally to subchapter I (Sec. 41 et

seq.) of chapter 2 of this title. For complete classification of

this Act to the Code, see section 58 of this title and Tables.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-608, Sec. 118(b), inserted at end

''In the case of an attorney general of a State alleging a

violation of a standard or regulation under section 1193 of this

title that affects or may affect such State or its residents, such

attorney general may bring a civil action for an injunction to

enforce the requirement of such standard or regulation. The

procedural requirements of section 2073 of this title shall apply

to any such action.''

Subsec. (e). Pub. L. 101-608, Sec. 115(c), added subsec. (e).

1967 - Subsec. (c). Pub. L. 90-189, Sec. 4(a), inserted '',

including provisions for maintenance of records relating to

fabrics, related materials, and products,'' after ''rules and

regulations'' and inserted sentence making violations of such rules

and regulations unlawful and an unfair method of competition and an

unfair and deceptive act or practice, in commerce, under the

Federal Trade Commission Act.

Subsec. (d)(1). Pub. L. 90-189, Sec. 4(b), substituted ''product,

fabric or related material'' for ''article of wearing apparel or

fabric''.

Subsec. (d)(2). Pub. L. 90-189, Sec. 4(b), substituted ''or

territory or with the District of Columbia or the Commonwealth of

Puerto Rico'' for '', Territory, or possession or with the District

of Columbia''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare,

Secretary of Commerce, and Federal Trade Commission under this

chapter transferred to Consumer Product Safety Commission, along

with functions of Federal Trade Commission under Federal Trade

Commission Act, to extent such functions relate to administration

and enforcement of this chapter, see section 2079 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1195 of this title.

-CITE-

15 USC Sec. 1195 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1195. Injunction and condemnation proceedings

-STATUTE-

(a) Temporary injunction; venue

Whenever the Commission has reason to believe that any person is

violating or is about to violate section 1192 of this title, or a

rule or regulation prescribed under section 1194(c) of this title,

and that it would be in the public interest to enjoin such

violation until complaint under the Federal Trade Commission Act

(15 U.S.C. 41 et seq.) is issued and dismissed by the Commission or

until order to cease and desist made thereon by the Commission has

become final within the meaning of the Federal Trade Commission Act

or is set aside by the court on review, the Commission may bring

suit in the district court of the United States for the district in

which such person resides or transacts business, or, if such person

resides or transacts business in Guam or the Virgin Islands, then

in the District Court of Guam or in the District Court of the

Virgin Islands (as the case may be), to enjoin such violation and

upon proper showing a temporary injunction or restraining order

shall be granted without bond.

(b) Process of libel for seizure and confiscation; manner of

procedure; consolidation of trials

Whenever the Commission has reason to believe that any product

has been manufactured or introduced into commerce or any fabric or

related material has been introduced in commerce in violation of

section 1192 of this title, it may institute proceedings by process

of libel for the seizure and confiscation of such product, fabric,

or related material in any district court of the United States

within the jurisdiction of which such product, fabric, or related

material is found. Proceedings in cases instituted under the

authority of this section shall conform as nearly as may be to

proceedings in rem in admiralty, except that on demand of either

party and in the discretion of the court, any issue of fact shall

be tried by jury. Whenever such proceedings involving identical

products, fabrics, or related materials are pending in two or more

jurisdictions, they may be consolidated for trial by order of any

such court upon application seasonably made by any party in

interest upon notice to all other parties in interest. Any court

granting an order of consolidation shall cause prompt notification

thereof to be given to other courts having jurisdiction in the

cases covered thereby and the clerks of such other courts shall

transmit all pertinent records and papers to the court designated

for the trial of such consolidated proceedings.

(c) Application by defendant for representative sample of seized

materials

In any such action the court, upon application seasonably made

before trial, shall by order allow any party in interest, his

attorney or agent, to obtain a representative sample of the

product, fabric, or related material seized.

(d) Disposal of condemned materials

If such products, fabrics, or related materials are condemned by

the court they shall be disposed of by destruction, by delivery to

the owner or claimant thereof upon payment of court costs and fees

and storage and other proper expenses and upon execution of good

and sufficient bond to the effect that such products, fabrics, or

related materials will not be disposed of until properly and

adequately treated or processed so as to render them lawful for

introduction into commerce, or by sale upon execution of good and

sufficient bond to the effect that such products, fabrics, or

related materials will not be disposed of until properly and

adequately treated or processed so as to render them lawful for

introduction into commerce. If such products, fabrics, or related

materials are disposed of by sale the proceeds, less costs and

charges, shall be paid into the Treasury of the United States.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 6, 67 Stat. 113; Pub. L. 90-189, Sec.

5, Dec. 14, 1967, 81 Stat. 571.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (a), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

-MISC2-

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-189, Sec. 5(a), inserted '', or a

rule or regulation prescribed under section 1194 (c) of this

title,'' after ''section 1192 of this title'' and substituted ''for

the district in which such person resides or transacts business,

or, if such person resides or transacts business in Guam or the

Virgin Islands, then in the District Court of Guam or in the

District Court of the Virgin Islands (as the case may be)'' for

''or in the United States court of any Territory for the district

or Territory in which such person resides or transacts business''.

Subsec. (b). Pub. L. 90-189, Sec. 5(b), substituted ''product''

for ''article of wearing apparel'', ''product, fabric, or related

material'' for ''article of wearing apparel or fabric'' in two

places and ''products, fabrics, or related materials'' for

''articles of wearing apparel or fabrics'', and inserted ''or

related material'' before ''has been introduced in commerce''.

Subsec. (c). Pub. L. 90-189, Sec. 5(b), substituted ''product,

fabric, or related material'' for ''article of wearing apparel or

fabric''.

Subsec. (d). Pub. L. 90-189, Sec. 5(b), substituted ''products,

fabrics, or related materials'' for ''articles of wearing apparel

or fabrics'' wherever appearing and struck out ''for wearing

apparel purposes'' before ''until properly and adequately treated

or processed'' in two places.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare,

Secretary of Commerce, and Federal Trade Commission under this

chapter transferred to Consumer Product Safety Commission, along

with functions of Federal Trade Commission under Federal Trade

Commission Act, to extent such functions relate to administration

and enforcement of this chapter, see section 2079 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1194 of this title.

-CITE-

15 USC Sec. 1196 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1196. Penalties

-STATUTE-

Any person who willfully violates section 1192 or 1197(b) of this

title, or who fails to comply with section 1202(c) of this title,

shall be guilty of a misdemeanor, and upon conviction thereof shall

be fined not more than $5,000 or be imprisoned not more than one

year or both in the discretion of the court: Provided, That nothing

herein shall limit other provisions of this chapter.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 7, 67 Stat. 114; Pub. L. 95-631, Sec.

8(b), Nov. 10, 1978, 92 Stat. 3747.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-631 authorized penalties for noncompliance with

section 1202(c) of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare,

Secretary of Commerce, and Federal Trade Commission under this

chapter transferred to Consumer Product Safety Commission, along

with functions of Federal Trade Commission under Federal Trade

Commission Act, to extent such functions relate to administration

and enforcement of this chapter, see section 2079 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1197 of this title.

-CITE-

15 USC Sec. 1197 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1197. Guaranties

-STATUTE-

(a) Defense to prosecution

No person shall be subject to prosecution under section 1196 of

this title for a violation of section 1192 of this title if such

person (1) establishes a guaranty received in good faith signed by

and containing the name and address of the person by whom the

product, fabric, or related material guaranteed was manufactured or

from whom it was received, to the effect that reasonable and

representative tests made in accordance with standards issued or

amended under the provisions of section 1193 of this title show

that the fabric or related material covered by the guaranty, or

used in the product covered by the guaranty, conforms with

applicable flammability standards issued or amended under the

provisions of section 1193 of this title, and (2) has not, by

further processing, affected the flammability of the fabric,

related material, or product covered by the guaranty which he

received. Such guaranty shall be either (1) a separate guaranty

specifically designating the product, fabric, or related material

guaranteed, in which case it may be on the invoice or other paper

relating to such product, fabric, or related material; (2) a

continuing guaranty given by seller to buyer applicable to any

product, fabric, or related material sold or to be sold to buyer by

seller in a form as the Commission by rules and regulations may

prescribe; or (3) a continuing guaranty filed with the Commission

applicable to any product, fabric, or related material handled by a

guarantor, in such form as the Commission by rules or regulations

may prescribe.

(b) False guaranty

It shall be unlawful for any person to furnish, with respect to

any product, fabric, or related material, a false guaranty (except

a person relying upon a guaranty to the same effect received in

good faith signed by and containing the name and address of the

person by whom the product, fabric, or related material guaranteed

was manufactured or from whom it was received) with reason to

believe the product, fabric, or related material falsely guaranteed

may be introduced, sold, or transported in commerce, and any person

who violates the provisions of this subsection is guilty of an

unfair method of competition, and an unfair or deceptive act or

practice, in commerce within the meaning of the Federal Trade

Commission Act (15 U.S.C. 41 et seq.).

-SOURCE-

(June 30, 1953, ch. 164, Sec. 8, 67 Stat. 114; Pub. L. 90-189, Sec.

6, Dec. 14, 1967, 81 Stat. 572.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (b), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

-MISC2-

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-189 substituted ''product, fabric,

or related material'' for ''wearing apparel or fabric'' wherever

appearing and ''in accordance with standards issued or amended

under the provisions of section 1193 of this title show that the

fabric or related material covered by the guaranty, or used in the

product covered by the guaranty, conforms with applicable

flammability standards issued or amended under the provisions of

section 1193 of this title'' for ''under the procedures provided in

section 1193 of this title show that the fabric covered by the

guaranty, or used in the wearing apparel covered by the guaranty,

is not, under the provisions of section 1193 of this title, so

highly flammable as to be dangerous when worn by individuals'',

added cl. (2), and redesignated former cl. (2) as (3).

Subsec. (b). Pub. L. 90-189 substituted ''product, fabric, or

related material'' for ''wearing apparel or fabric'' wherever

appearing.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare,

Secretary of Commerce, and Federal Trade Commission under this

chapter transferred to Consumer Product Safety Commission, along

with functions of Federal Trade Commission under Federal Trade

Commission Act, to extent such functions relate to administration

and enforcement of this chapter, see section 2079 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1194, 1196 of this title.

-CITE-

15 USC Sec. 1198 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1198. Shipments from foreign countries; demand for redelivery;

claim for liquidated damages

-STATUTE-

An imported product, fabric, or related material to which

flammability standards under this chapter are applicable shall not

be delivered from customs custody except as provided in section

1499 of title 19. In the event an imported product, fabric, or

related material is delivered from customs custody under bond, as

provided in section 1499 of title 19 and fails to conform with an

applicable flammability standard in effect on the date of entry of

such merchandise, the Secretary of the Treasury shall demand

redelivery and in the absence thereof shall assert a claim for

liquidated damages for breach of a condition of the bond arising

out of such failure to conform or redeliver in accordance with

regulations prescribed by the Secretary of the Treasury or his

delegate. When asserting a claim for liquidated damages against an

importer for failure to redeliver such nonconforming goods, the

liquidated damages shall be not less than 10 per centum of the

value of the nonconforming merchandise if, within five years prior

thereto, the importer has previously been assessed liquidated

damages for failure to redeliver nonconforming goods in response to

a demand from the Secretary of the Treasury as set forth above.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 9, 67 Stat. 114; Pub. L. 90-189, Sec.

7, Dec. 14, 1967, 81 Stat. 572.)

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-189 substituted provisions prohibiting the

delivery from customs of imported products, fabrics, or related

materials to which flammability standards are applicable, except as

provided in section 1499 of title 19, and requiring the Secretary

of the Treasury to demand redelivery in the event any such imported

product, fabric, or related material is delivered from customs

custody under bond and fails to conform with an applicable

flammability standard, and in the absence of such redelivery to

assert a claim for liquidated damages for breach of the bond, which

damages shall not be less than 10 per centum of the value of the

nonconforming merchandise if, within 5 years prior thereto, the

importer has previously been assessed liquidated damages for

failure to redeliver nonconforming goods in response to a demand by

the Secretary for provisions which authorized the Commission to

prohibit any person who had exported or who had attempted to export

from any foreign country into the United States any wearing apparel

or fabric which was so highly flammable as to be dangerous when

worn by individuals from further participation in the exportation

from any foreign country into the United States of any wearing

apparel or fabric except upon filing bonds with the Secretary of

the Treasury in a sum double the value of said products and any

duty thereon, conditioned upon compliance with the provisions of

this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare,

Secretary of Commerce, and Federal Trade Commission under this

chapter transferred to Consumer Product Safety Commission, along

with functions of Federal Trade Commission under Federal Trade

Commission Act, to extent such functions relate to administration

and enforcement of this chapter, see section 2079 of this title.

-CITE-

15 USC Sec. 1199 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1199. Chapter as additional legislation

-STATUTE-

The provisions of this chapter shall be held to be in addition

to, and not in substitution for or limitation of, the provisions of

any other law. If any provision of this chapter or the application

thereof to any person or circumstances is held invalid the

remainder of the chapter and the application of such provisions to

any other person or circumstances shall not be affected thereby.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 10, 67 Stat. 115.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare,

Secretary of Commerce, and Federal Trade Commission under this

chapter transferred to Consumer Product Safety Commission, along

with functions of Federal Trade Commission under Federal Trade

Commission Act, to extent such functions relate to administration

and enforcement of this chapter, see section 2079 of this title.

-CITE-

15 USC Sec. 1200 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1200. Persons excluded from operation of chapter

-STATUTE-

The provisions of this chapter shall not apply (a) to any common

carrier, contract carrier, or freight forwarder in transporting a

product, fabric, or related material shipped or delivered for

shipment into commerce in the ordinary course of its business; (b)

to any converter, processor, or finisher in performing a contract

or commission service for the account of a person subject to the

provisions of this chapter: Provided, That said converter,

processor, or finisher does not cause any product, fabric, or

related material to become subject to this chapter contrary to the

terms of the contract or commission service; or (c) to any product,

fabric, or related material shipped or delivered for shipment into

commerce for the purpose of finishing or processing such product,

fabric, or related material so that it conforms with applicable

flammability standards issued or amended under the provisions of

section 1193 of this title.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 11, 67 Stat. 115; Pub. L. 90-189,

Sec. 8, Dec. 14, 1967, 81 Stat. 573.)

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-189 substituted ''in transporting a product,

fabric, or related material'' for ''with respect to an article of

wearing apparel or fabric'', ''product, fabric, or related

material'' for ''article of wearing apparel or fabric'' in two

places, and ''such product, fabric, or related material so that it

conforms with applicable flammability standards issued or amended

under the provisions of section 1193 of this title'' for ''to

render such article or fabric not so highly flammable, under the

provisions of section 1193 of this title, as to be dangerous when

worn by individuals''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare,

Secretary of Commerce, and Federal Trade Commission under this

chapter transferred to Consumer Product Safety Commission, along

with functions of Federal Trade Commission under Federal Trade

Commission Act, to extent such functions relate to administration

and enforcement of this chapter, see section 2079 of this title.

-CITE-

15 USC Sec. 1201 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1201. Study and investigation; research, development and

training

-STATUTE-

(a) The Consumer Product Safety Commission shall conduct a

continuing study and investigation of the deaths, injuries, and

economic losses resulting from accidental burning of products,

fabrics, or related materials.

(b) In cooperation with appropriate public and private agencies,

the Consumer Product Safety Commission is authorized to -

(1) conduct research into the flammability of products,

fabrics, and materials;

(2) conduct feasibility studies on reduction of flammability of

products, fabrics, and materials;

(3) develop flammability test methods and testing devices; and

(4) offer appropriate training in the use of flammability test

methods and testing devices.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 14, as added Pub. L. 90-189, Sec. 10,

Dec. 14, 1967, 81 Stat. 573; amended Pub. L. 92-573, Sec. 30(b),

Oct. 27, 1972, 86 Stat. 1231; Pub. L. 96-470, title I, Sec. 114,

Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97-35, title XII, Sec.

1211(e), Aug. 13, 1981, 95 Stat. 721.)

-COD-

CODIFICATION

In subsec. (a), the words ''in cooperation with the Secretary of

Commerce'' which followed ''Consumer Product Safety Commission''

have been omitted from the Code in view of the transfer of

functions of the Secretary of Commerce under this chapter to the

Consumer Product Safety Commission pursuant to section 30(b) of

Pub. L. 92-573 which is classified to section 2079(b) of this

title. This transfer would result in this phrase being redundant

in that it would provide for the Consumer Product Safety Commission

to cooperate with itself.

-MISC3-

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-35 struck out provisions relating

to the submission of an annual report by the Secretary of Health

and Human Services to the President and to the Congress containing

the results of a study and investigation.

1980 - Subsec. (b). Pub. L. 96-470 struck out provision requiring

the Secretary to report the results of activities under this

subsection to Congress.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

''Consumer Product Safety Commission'' substituted for

''Secretary of Health, Education, and Welfare'' in subsec. (a) and

for ''Secretary of Commerce'' in subsec. (b) pursuant to section

30(b) of Pub. L. 92-573, which is classified to section 2079(b) of

this title and which transferred functions of Secretary of Health,

Education, and Welfare, Secretary of Commerce, and Federal Trade

Commission under this chapter to Consumer Product Safety

Commission.

-MISC5-

TOXICOLOGIC RISKS OF FLAME-RETARDANT CHEMICALS IN RESIDENTIAL

UPHOLSTERED FURNITURE

Pub. L. 105-276, title IV, Sec. 423, Oct. 21, 1998, 112 Stat.

2510, provided that:

''(a) Within 90 days of the enactment of this Act (Oct. 21,

1998), the Consumer Product Safety Commission shall make all

necessary arrangements for the Committee on Toxicology of the

National Academy of Sciences (NAS) to conduct an independent

12-month study of the potential toxicologic risks of all

flame-retardant chemicals identified by the NAS and the Commission

as likely candidates for use in residential upholstered furniture

for the purpose of meeting regulations proposed by the Commission

for flame resistance of residential upholstered furniture.

''(b) Upon completion of its report, the Academy shall send the

report to the Commission, which shall provide it to the Congress.

''(c) The Commission, before promulgating any notice of proposed

rulemaking or final rulemaking setting flammability standards for

residential upholstered furniture, shall consider fully the

findings and conclusions of the Academy.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1193 of this title.

-CITE-

15 USC Sec. 1202 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1202. Exemptions

-STATUTE-

(a) Exports; risk of injury to residents of United States

This chapter shall not apply to any fabric, related material, or

product which is to be exported from the United States, if such

fabric, related material, or product, and any container in which it

is enclosed, bears a stamp or label stating that such fabric,

related material, or product is intended for export and such

fabric, related material, or product is in fact exported from the

United States; unless the Consumer Product Safety Commission

(hereinafter in this section referred to as the ''Commission'')

determines that exportation of such fabric, related material, or

product presents an unreasonable risk of injury to persons residing

within the United States; except that this chapter shall apply to

any fabric, related material, or product manufactured for sale,

offered for sale, or intended for shipment to any installation of

the United States located outside of the United States.

(b) Imports intended for export; risk of injury to residents of

United States

This chapter shall not apply to any fabric, related material, or

product which is imported into the United States for dyeing,

finishing, other processing, or storage in bond, and export from

the United States, if such fabric, related material, or product,

and any container in which it is enclosed, bears a stamp or label

stating that such fabric, related material, or product is intended

for export, and such fabric, related material, or product is in

fact exported from the United States, unless the Commission

determines that exportation of such fabric, related material, or

product presents an unreasonable risk of injury to persons residing

within the United States; except that this chapter shall apply to

any such imported fabric, related material, or product manufactured

for sale, offered for sale, or intended for shipment to any

installation of the United States located outside of the United

States.

(c) Statement of exportation: filing period, information;

notification of foreign country; petition for minimum filing

period; good cause

Not less than thirty days before any person exports to a foreign

country any fabric, related material, or product that fails to

conform to an applicable flammability standard or regulation in

effect under this chapter, such person shall file a statement with

the Commission notifying the Commission of such exportation, and

the Commission, upon receipt of such statement, shall promptly

notify the government of such country of such exportation and of

the basis for such flammability standard or regulation. Any

statement filed with the Commission under the preceding sentence

shall specify the anticipated date of shipment of such fabric,

related material, or product, the country and port of destination

of such fabric, related material, or product, and the quantity of

such fabric, related material, or product that will be exported,

and shall contain such other information as the Commission may by

regulation require. Upon petition filed with the Commission by any

person required to file a statement under this subsection

respecting an exportation, the Commission may, for good cause

shown, exempt such person from the requirement of this subsection

that such a statement be filed no less than thirty days before the

date of the exportation, except that in no case shall the

Commission permit such a statement to be filed later than the tenth

day before such date.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 15, as added Pub. L. 90-189, Sec. 10,

Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 95-631, Sec. 8(a),

Nov. 10, 1978, 92 Stat. 3746.)

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-631, Sec. 8(a)(1), made chapter

applicable to exports when the Commission determines that

exportation presents an unreasonable risk of injury to persons

residing within the United States.

Subsec. (b). Pub. L. 95-631, Sec. 8(a)(2), made chapter

applicable to imports intended for export when the Commission

determines that exportation presents an unreasonable risk of injury

to persons residing within the United States.

Subsec. (c). Pub. L. 95-631, Sec. 8(a)(3), added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1196 of this title.

-CITE-

15 USC Sec. 1203 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1203. Preemption of Federal standards

-STATUTE-

(a) Standards or regulations designed to protect against same risk

as State standards or regulations; identical State standards

Except as provided in subsections (b) and (c) of this section,

whenever a flammability standard or other regulation for a fabric,

related material, or product is in effect under this chapter, no

State or political subdivision of a State may establish or continue

in effect a flammability standard or other regulation for such

fabric, related material, or product if the standard or other

regulation is designed to protect against the same risk of

occurrence of fire with respect to which the standard or other

regulation under this chapter is in effect unless the State or

political subdivision standard or other regulation is identical to

the Federal standard or other regulation.

(b) State standards or regulations 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 a flammability standard or other regulation applicable to a

fabric, related material, or product for its own use which standard

or other regulation is designed to protect against a risk of

occurrence of fire with respect to which a flammability standard or

other regulation is in effect under this chapter and which is not

identical to such standard or other regulation if the Federal,

State, or political subdivision standard or other regulation

provides a higher degree of protection from such risk of occurrence

of fire than the standard or other regulation in effect under this

chapter.

(c) Exemption for State standards or regulations; 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

flammability standard or other regulation of such State or

political subdivision applicable to a fabric, related material, or

product subject to a standard or other regulation in effect under

this chapter, if -

(A) compliance with the State or political subdivision

requirement would not cause the fabric, related material, or

product to be in violation of the standard or other regulation in

effect under this chapter, and

(B) the State or political subdivision standard or other

regulation (i) provides a significantly higher degree of

protection from the risk of occurrence of fire with respect to

which the Federal standard or other regulation is in effect, and

(ii) does not unduly burden interstate commerce.

In determining the burden, if any, of a State or political

subdivision flammability standard or other 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

flammability standard or other regulation, the cost of complying

with such flammability standard or other regulation, the geographic

distribution of the fabric, related material, or product to which

the flammability standard or other regulation would apply, the

probability of other States or political subdivisions applying for

an exemption under this subsection for a similar flammability

standard or other regulation, and the need for a national, uniform

flammability standard or other regulation under this chapter for

such fabric, related material, or product.

(2) A regulation under paragraph (1) granting an exemption for a

flammability standard or other regulation 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.

(d) Flammability standards or regulations; definitions

For purposes of this section -

(1) a reference to a flammability standard or other regulation

for a fabric, related material, or product in effect under this

chapter includes a standard of flammability continued in effect

by section 11 of the Act of December 14, 1967 (Public Law

90-189); and

(2) the term ''Commission'' means the Consumer Product Safety

Commission.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 16, as added Pub. L. 90-189, Sec. 10,

Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 94-284, Sec. 17(b),

May 11, 1976, 90 Stat. 512.)

-REFTEXT-

REFERENCES IN TEXT

Section 11 of the Act of December 14, 1967 (Public Law 90-189),

referred to in subsec. (d)(1), is set out as a note under section

1191 of this title.

-MISC2-

AMENDMENTS

1976 - Pub. L. 94-284 substituted provisions which permitted the

use of flammability standards or regulations not identical with the

standards or regulations in effect under this chapter provided that

the standards or regulations used afford a higher degree of

protection from the risk of the occurrence of fire than the

standards or regulation under this chapter, and which permitted the

Commission, by regulation promulgated in accordance with section

553 of title 5, to grant an exemption for a flammability standard

or other regulation of a State or political subdivision of a State,

for the prior supremacy of chapter provision.

-CITE-

15 USC Sec. 1204 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 25 - FLAMMABLE FABRICS

-HEAD-

Sec. 1204. Congressional veto of flammability regulations

-STATUTE-

(a) Transmission to Congress

The Consumer Product Safety Commission shall transmit to the

Secretary of the Senate and the Clerk of the House of

Representatives a copy of any flammability regulation promulgated

by the Commission under section 1193 of this title.

(b) Disapproval by concurrent resolution

Any regulation specified in subsection (a) of this section shall

not take effect if -

(1) within the ninety calendar days of continuous session of

the Congress which occur after the date of the promulgation of

such regulation, both Houses of the Congress adopt a concurrent

resolution, the matter after the resolving clause of which is as

follows (with the blank spaces appropriately filled): ''That the

Congress disapproves the flammability regulation which was

promulgated under the Flammable Fabrics Act by the Consumer

Product Safety Commission with respect to and which was

transmitted to the Congress on and disapproves the regulation for

the following reasons: .''; or

(2) within the sixty calendar days of continuous session of the

Congress which occur after the date of the promulgation of such

regulation, one House of the Congress adopts such concurrent

resolution and transmits such resolution to the other House and

such resolution is not disapproved by such other House within the

thirty calendar days of continuous session of the Congress which

occur after the date of such transmittal.

(c) Presumptions from Congressional action or inaction

Congressional inaction on, or rejection of, a concurrent

resolution of disapproval under this section shall not be construed

as an expression of approval of the regulation involved, and shall

not be construed to create any presumption of validity with respect

to such regulation.

(d) Continuous session of Congress

For purposes of this section -

(1) continuity of session is broken only by an adjournment of

the Congress sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than three days to a day certain are

excluded in the computation of the periods of continuous session

of the Congress specified in subsection (b) of this section.

-SOURCE-

(June 30, 1953, ch. 164, Sec. 17, as added Pub. L. 97-35, title

XII, Sec. 1207(d), Aug. 13, 1981, 95 Stat. 719.)

-REFTEXT-

REFERENCES IN TEXT

The Flammable Fabrics Act, referred to in subsec. (b), is act

June 30, 1953, ch. 164, 67 Stat. 111, as amended, which is

classified generally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

1191 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 1204, act June 30, 1953, ch. 164, Sec. 17, as

added Dec. 14, 1967, Pub. L. 90-189, Sec. 10, 81 Stat. 574; amended

May 11, 1976, Pub. L. 94-284, Sec. 19, 90 Stat. 514, related to the

National Advisory Committee for Flammable Fabrics Act, prior to

repeal by Pub. L. 97-35, title XII, Sec. 1205(b), Aug. 13, 1981, 95

Stat. 716, eff. Aug. 13, 1981.

EFFECTIVE DATE

Section applicable with respect to consumer product safety rules

under chapter 47 of this title and regulations under this chapter

and chapter 30 of this title promulgated after Aug. 13, 1981, see

section 1215 of Pub. L. 97-35, set out as an Effective Date of 1981

Amendment note under section 2052 of this title.

-CITE-