Title 16—Commercial Practices--Volume 1
PART 1461—PORTABLE FUEL CONTAINER SAFETY ACT REGULATION
§ 1461.1   Scope and application.
In accordance with the Portable Fuel Container Safety Act of 2020 (PFCSA), portable fuel containers must comply with the requirements specified in § 1461.3, which are considered to be consumer product safety rules.
§ 1461.2   Definition.
The definition of portable fuel container in the PFCSA (5 U.S.C. 2056d(b)(8)) applies to this part. Specifically, a portable fuel container is defined in the PFCSA as any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container)—
(a)(1) Intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels;
(2) That is a consumer product with a capacity of 5 gallons or less; and
(3) That the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels.
(b) [Reserved]
§ 1461.3   Requirements for flame mitigation devices on portable fuel containers.
Each portable fuel container manufactured for sale in the United States shall conform to one of the following applicable requirements.
Containers sold pre-filled. Portable fuel containers sold pre-filled with a flammable liquid to the consumer must comply with the requirements of ASTM F3429/F3429M-24 (incorporated by reference, see § 1461.4).
(b) Containers sold empty. Portable fuel containers sold empty to the consumer must meet the requirements of ASTM F3326-21 (incorporated by reference, see § 1461.4). Portable fuel containers sold empty to the consumer that are classified as safety cans that meet the requirements of section 18 of ANSI/CAN/UL/ULC 30:2022 (incorporated by reference, see § 1461.4) are not required to comply with ASTM F3326-21.
§ 1461.4   Incorporation by reference.
Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference material is available for inspection at the Consumer Product Safety Commission and at the National Archives and Records Administration (NARA). Contact the U.S. Consumer Product Safety Commission at: Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504-7479, email cpsc-os@cpsc.gov. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the following sources:
(a) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832-9585; website: www.astm.org.
(1) ASTM F3326-21, Standard Specification for Flame Mitigation Devices on Portable Fuel Containers, approved on September 1, 2021.
(2) ASTM F3429/F3429M-24, Standard Specification for Performance of Flame Mitigation Devices Installed in Disposable and Pre-Filled Flammable Liquid Containers, approved on January 15, 2024.
(b) UL Standards and Engagement, International, 151 Eastern Avenue, Bensenville, IL 60106; phone: 1-888-853-3503; website: www.shopulstandards.com.
(1) ANSI/CAN/UL/ULC 30:2022, Standard for Safety: Metallic and Nonmetallic Safety Cans for Flammable and Combustible Liquids, Tenth Edition, dated April 29, 2022.
(2) [Reserved]