Emergency Interim Consumer Product Safety Standard Act
PL 95-319 (S.2401), enacted 07/11/1978

92 STAT. 386 
PUBLIC LAW 95-319—JULY 11, 1978 
Public Law 95-319 
95th Congress 
July 11, 1978 
[S. 2401] 
Emergency 
Interim 
Consumer 
Product Safety 
Standard Act of 
1978. 
15 u s e 2051 
note. 
15 u s e 2082 
note. 
An Act 
To amend the Consumer Product Safety Act to establish an interim consumer 
product safety rule relating to the standards for flame resistance and corro-
siveness of certain insulation, and for other purposes. 
Be it eTiacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Emergency Interim Consumer Product Safety Stand-
ard Act of 1978". 
FINDINGS AND PURPOSE 
SEC. 2. (a) The Congress finds that— 
(1) existing P^ederal, State, and local laws and regulations are 
insufficient to protect the consumer from improperly manufac-
tured cellulose insulation; 
(2) an unreasonably large quaaitity of cellulose insulation is 
being distributed that does not meet minimum safety standards; 
(3) an urgent need exists for the expedited setting of interim 
mandatory Federal standards for the manufacture of cellulose 
insulation; and 
(4) such standards are reasonably necessary to eliminate or 
reduce an unreasonable risk of injury to consumers from flam-
mable or corrosive cellulose insulation. 
(b) It is the purpose of the Congress in this Act to provide an 
interim mandatory safety standard for cellulose insulation manu-
factured for use as a consumer product. 
INTERIM CELLULOSE INSULATION SAFETY STANDARD 
SEC. 3. (a) The Consumer Product Safety Act (15 U.S.C. 2051 et 
seq.) is amended by adding at the end thereof the following new 
section: 
u 
INTERIM CELLULOSE INSULATION SAFETY STANDARD 
15 use 2082. 
"SEC. 35. (a)(1) Subject to the provisions of paragraph (2), on 
and after the last day of the 60-day period beginning on the effective 
date of this section, the requirements for flame resistance and corro-
siveness set forth in the General Services Administration's specifica-
tion for cellulose insulation, HH-I-515C (as such specification was in 
effect on February 1,1978), shall be deemed to be an interim consumer 
product safety standard which shall have all the authority and effect 
of any other consumer product safety standard promulgated by the 
Regulations. 
Commission under this Act. During the 45-day period beginning on 
Publication in 
the effective date of this section, the Commission may make, and shall 
Federal Register, publish in the Federal Register, such technical, nonsubstantive changes 
in such requirements as it deems appropriate to make such requirements 
suitable for promulgation as a consumer product safety standard. At 
the end of the 60-day period specified in the first sentence of this 
paragraph, the Commission shall publish in the Federal Register such 
interim consumer product safety standard, as altered by the Commis-
sion under this paragraph. 
PUBLIC LAW 95-319—JULY 11, 1978 
92 STAT. 387 
" (2) The interim consumer product safety standard established in 
paragraph (1) shall provide that any cellulose insulation which is 
produced or distributed for sale or use as a consumer product shall 
have a flame spread rating of 0 to 25, as such rating is set forth in the 
General Services Administration's specification for cellulose insula-
tion, HH-I-515C. 
"(3) During the period for which the interim consumer product 
,/. 
safety standard established in subsection (a) is in effect, in addition 
to complying with any labeling requirement established by the Com-
mission under this Act, each manufacturer or private labeler of 
cellulose insulation shall include the following statement on any con-
tainer of such cellulose insulation: 'ATTENTION: This material 
meets the applicable minimum Federal flammability standard. This 
standard is based upon laboratory tests only, which do not represent 
actual conditions which may occur in the home'. Such statement shall 
be located in a conspicuous place on such container and shall appear 
in conspicuous and legible type in contrast by typography, layout, 
and color with other printed matter on such container, 
"(b) Judicial review of the interim consumer product safety stand- Judicial review, 
ard established in subsection (a), as such standard is in effect on and 
after the last day of the 60-day period specified in such subsection, 
shall be limited solely to the issue of whether any changes made by 
the Commission under paragraph (1) are technical, nonsubstantive 
changes. For purposes of such review, any change made by the Com-
mission under paragraph (1) which requires that any test to determine 
the flame spread rating of cellulose insulation shall include a correction 
for variations in test results caused by equipment used in the test shall 
be considered a technical, nonsubstantive change. 
"(c) (1) (A) Any interim consumer product safety standard estab-
lished pursuant to this section shall be enforced in the same manner as 
any other consumer product safety standard until such time as there is 
in effect a final consumer product safety standard promulgated by the 
Commission, as provided in subparagraph (B), or until such time as 
it is revoked by the Commission under section 9 (e). A violation of the 15 U
S
C 2058. 
interim consumer product safety standard shall be deemed to be a 
. . , 
violation of a consumer product safety standard promulgated by the 
Commission under section 9. 
"(B) If the Commission determines that the interim consumer prod-
uct safety standard does not adequately protect the public from the 
unreasonable risk of injury associated with flammable or corrosive 
cellulose insulation, it shall promulgate a final consumer product safety 
standard to protect against such risk. Such final standard shall be 
promulgated pursuant to section 553 of title 5, United States Code, 
except that the Commission shall give interested persons an opportu-
nity 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. The provisions of section 9 (b), (c), and 
(d) shall apply to any proceeding to promulgate such final standard. 
In any judicial review of such final standard under section 11, the 15 USC 2060. 
court shall not require any demonstration that each particular finding 
made by the Commission under section 9 (c) is supported by substantial 
evidence. The court shall affirm the action of the Commission unless 
the court determines that such action is not supported by substantial 
evidence on the record taken as a whole., 
92 STAT. 388 
PUBLIC LAW 95-319—JULY 11, 1978 
Notice. 
Regulations. 
Publication in 
Federal Register. 
.8£0£ .i-HiJ ci 
Notice. 
Publication in 
Federal Register. 
Report to 
congressional 
committees. 
iXn>S DftiJ 
"(2) (A) Until there is in effect such a final consumer product safety 
standard, the Commission shall incorporate into the interim consumer 
product safety standard, in accordance with the provisions of this 
paragraph, each revision superseding the requirements for flame resist-
ance and corrosiveness referred to in subsection (a) and promulgated 
by the General Services Administration. 
"(B) At least 45 days before any revision superseding such require-
ments is to become effective, the Administrator of the General Services 
Administration shall notify the Commission of such revision. In the 
case of any such revision which becomes effective during the period 
beginning on February 1,1978, and ending on the effective date of this 
section, such notice from the Administrator of the General Services 
Administration shall be deemed to have been made on the effective date 
of this section. 
"(C) (i) No later than 45 days after receiving any notice under sub-
paragraph (B), the Commission shall publish the revision, including 
such changes in the revision as it considers appropriate to make the 
revision suitable for promulgation as an amendment to the interim con-
sumer product safety standard, in the Federal Kegister as a proposed 
amendment to the interim consumer product safety standard. 
"(ii) The Commission may extend the 45-day period specified in 
clause (i) for an additional period of not more than 150 days if the 
Commission determines that such extension is necessary to study the 
technical and scientific basis for the revision involved, or to study the 
safety and economic consequences of such revision. 
"(D) (i) Additional extensions of the 45-day period specified in sub-
paragraph (C) (i) may be taken by the Commission if— 
"(I) the Commission makes the determination required in sub-
paragraph (C) (ii) with respect to each such extension; and 
"(II) in the case of further extensions proposed by the Com-
mission after an initial extension under this clause, such further 
extensions have not been disapproved under clause (iv). 
"(ii) Any extension made by the Commission under this subpara-
graph shall be for a period of not more than 45 days. 
" (iii) Prior notice of each extension made by the Commission under 
this subparagraph, together with a statement of the reasons for such 
extension and an estimate of the length of time required by the Com-
mission to complete its action upon the revision involved, shall be 
published in the Federal Register and shall be submitted to the Com-
mittee on Commerce, Science, and Transportation of the Senate and 
the Committee on Interstate and Foreign Commerce of the House of 
Representatives. 
"(iv) In any case in which the Commission takes an initial 45-day 
extension under clause (i), the Commission may not take any further 
extensions under clause (i) if each committee referred to in clause (iii) 
disapproves by committee resolution any such further extensions 
before the end of the 15-day period following notice of such initial 
extension made by the Commission in accordance with clause (iii). 
"(E) The Commission shall give interested persons an opportunity 
to comment upon any proposed amendment to the interim consumer 
product safety standard during the 30-day period following any pub-
lication by the Commission under subparagraph (C). 
PUBLIC LAW 95-319—JULY 11, 1978 
92 STAT. 389 
"(F) No later than 90 days after the end of the period specified in 
subparagraph (E), the Commission shall promulgate the amendment 
to the interim consumer product safety standard unless the Commis-
sion determines, after consultation with the Secretary of Energy, 
that— 
' •>' ,' 
" (i) such amendment is not necessary for the protection of con-
sumers from the unreasonable risk of injury associated with fiam-
; 
mable or corrosive cellulose insulation; or 
. t ' 
,. 
"(ii) implementation of such amendment will create an undue 
burden upon persons who are subject to the interim consumer 
product safety standard. 
"(G) The provisions of section 11 shall not apply to any judicial 15 USC 2060. 
review of any amendment to the interim product safety standard pro-
mulgated under this paragraph. 
"(d) Any Federal department, agency, or instrumentality, or any 
Federal independent regulatory agency, which obtains information 
which reasonably indicates that cellulose insulation is being manu-
factured or distributed in violation of this Act shall immediately 
inform the Commission of such information. 
"(e) (1) The Commission, no later than 45 days after the effective Report to 
date of this section, shall submit a report to the Committee on congressional 
Commerce, Science, and Transportation of the Senate and to the Com- committees, 
mittee on Interstate and Foreign Commerce of the House of Repre-
sentatives which shall contain a detailed statement of the manner in 
which the Commission intends to carry out the enforcement of this 
section. 
"(2) (A) The Commission, no later than 6 months after the date 
upon which the report required in paragraph (1) is due (and no later 
than the end of each 6-month period thereafter), shall submit a report 
to each committee referred to in paragraph (1) which shall describe 
the enforcement activities of the Commission with respect to this sec-
tion during the most recent 6-month period. 
"(B) The first report which the Commission submits under sub-
paragraph (A) shall include the results of tests of cellulose insulation 
manufactured by at least 25 manufacturers which the Commission 
shall conduct to determine whether such cellulose insulation complies 
with the interim consumer product safety standard. The second such 
report shall include the results of such tests with respect to 50 manu-
facturers who were not included in testing conducted by the Commis-
sion for inclusion in the first report. 
"(f) (1) The Commission shall have the authority to require that 
any person required to comply with the certification requirements of 
section 14 with respect to the manufacture of cellulose insulation shall 15 USC 2063. 
provide for the performance of any test or testing program required 
for such certification through the use of an independent third party 
qualified to perform such test or testing program. The Commission 
may impose such requirement whether or not the Commission has 
established a testing program for cellulose insulation under section 
14(b). 
92 STAT. 390 
PUBLIC LAW 95-319—JULY 11, 1978 
15 u s e 2063. 
Rules. 
Appropriation 
authorization. 
"(2) The Commission, upon petition by a manufacturer, may 
waive the requirements of paragraph (1) with respect to such manu-
facturer if the Commission determines that the use of an independent 
third party is not necessary in order for such manufacturer to comply 
with the certification requirements of section 14. 
"(3) The Commission may prescribe such rules as it considers nec-
essary to carry out the provisions of this subsection. 
" (s) There are authorized to be appropriated, for each of the fiscal 
years 1978, 1979, 1980, and 1981, such sums as may be. necessary to 
carry out the provisions of this section.". 
(b) Section 19(a) of the Consumer Product Safety Act (15 U.S.C. 
2068 (a)) is amended— 
(1) in paragraph (8) thereof, by striking out "or"; 
(2) in paragraph (9) thereof, by striking out the period and 
inserting in lieu thereof "; or"; and 
(3) by adding at the end thereof the following new paragraph: 
" (10) fail to comply with any rule or requirement under section 
35 (relating to labeling and testing of cellulose insulation).". 
Approved July 11, 1978. 
.lji:i'•(.}..,' •i-taJ 
10S 3f^U 5 J 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1116 accompanying H.R. 11998 (Coram, on Interstate and 
Foreign Comraerce) and No. 95-1322 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Jan. 23, considered and passed Senate. 
May 16, considered and passed House, amended, in lieu of H.R. 11998. 
June 29, House and Senate agreed to conference report.