An Act to protect consumers against unreasonable risk of injury from hazardous products, and for other purposes
PL 92-573 (S.3419), enacted 10/27/1972

86 STAT. ] 
PUBLIC L
A
W 92-573-OCT. 27, 1972 
1207 
Public Law 92-573 
A N A C T 
October 2 7, 1972 
To protect consumers against unreasonable risk of injury from hazardous 
1^^-^^^^^ 
products, and for other purposes. 
~ 
Be it enacted by the Senate and House of Representatives of the 
United States o f America in Congress assembled. 
consumer 
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Product Safety 
Act. 
SHORT TITLE; TABLE OF CONTENTS 
SECTION 1. This Act may be cited as the "Consumer Product Safety 
Act". 
TABLE OF CONTENTS 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
Sec. 4. Consumer Product Safety Commission. 
Sec. 5. Product safety information and research. 
Sec. 6. Public disclosure of information. 
Sec. 7. Consumer product safety standards. 
Sec. 8. Banned hazardous products. 
Sec. 9. Administrative procedure applicable to promulgation of consumer product 
safety rules. 
Sec. 10. Commission responsibility—petition for consumer product safety rule. 
Sec. 11. Judicial review of consumer product safety rules. 
Sec. 12. Imminent hazards. 
Sec. 13. New products. 
Sec. 14. Product certification and labeling. 
Sec. 15. Notification and repair, replacement, or refund. 
Sec. 16. Inspection and recordkeeping. 
Sec. 17. Imported products. 
Sec. 18. Exports. 
Sec. 19. Prohibited acts. 
Sec. 20. Civil penalties. 
Sec. 21. Criminal penalties. 
Sec. 22. Injunctive enforcement and seizure. 
Sec. 23. Suits for damages by persons injured. 
Sec. 24. Private enforcement of product safety rules and of section 15 orders. 
Sec. 25. Effect on private remedies. 
Sec. 26. Effect on State standards. 
Sec. 27. Additional functions of Commission. 
Sec. 28. Product Safety Advisory Council. 
Sec. 29. Cooperation with States and with other Federal agencies. 
Sec. 30. Transfers of functions. 
Sec. 31. Limitation on jurisdiction. 
Sec. 32. Authorization of appropriations. 
Sec. 33. Separability. 
. 
" • 
Sec. 34. Effective date. 
FINDINGS AND PURPOSES 
C j ' . 
SEC. 2. (a) The Congress 
finds 
that— 
.3^ -,;, ^ a, 
(1) an unacceptable number of consumer products which pre-
sent unreasonable risks of injury are distributed in commerce; 
(2) complexities of consumer products and the diverse nature 
and abilities of consumers using them frequently result in an 
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inability of users to anticipate risks and to safeguard themselves 
adequately; 
(3) the public should be protected against unreasonable risks 
of injury associated with consumer products; 
(4) control by State and local governments of unreasonable 
risks of injury associated with consumer products is inadequate 
and may be burdensome to manufacturers; 
(5) existing Federal authority to protect consumers from expo-
sure to consumer products presenting unreasonable risks of injury 
is inadequate; and 
82-081 O - 73 - 79 
1208 
PUBLIC LAW 92-573-X)CT. 27, 1972 
[86 STAT. 
(6) regulation of consumer products the distribution or use of 
which affects interstate or foreign commerce is necessary to carry 
out this Act. 
(b) The purposes of this Act are— 
(1) to protect the public against unreasonable risks of injury 
associated with consumer products; 
(2) to assist consumers in evaluating the comparative safety of 
consumer products; 
(3) to develop uniform safety standards for consumer products 
and to minimize conflicting State and local regulations; and 
(4) to promote research and investigation into the causes and 
prevention of product-related deaths, illnesses, and injuries. 
DEFINITIONS 
SEC. 3. (a) For purposes of this Act: 
(1) The term "consumer product" means any article, or com-
ponent part thereof, produced or distributed (i) for sale to a 
consumer for use in or around a permanent or temporary house-
hold or residence, a school, in recreation, or otherwise, or (ii) for 
the personal use, consumption or enjoyment of a consumer m or 
around a permanent or temporary liousehold or residence, a 
school, in recreation, or otherwise; but such term does not 
include— 
(A) any article which is not customarily produced or dis-
tributed for sale to, or use or consumption by, or enjoyment 
of, a consumer, 
(B) tobacco and tobacco products, 
(C) motor vehicles or motor vehicle equipment (as defined 
bv sections 102 (3) and (4) of the National Traffic and Motor 
80 Stat. 718; 
VeMcle Safety Act of 1966), 
*^5*usc U91. 
(D) economic poisons (as defined .by the Federal Insecti-
Ante, p. 973. 
cide, Fuugicide, and Rodenticide Act), 
(E) any article which, if sold by the manufacturer, pro-
ducer, or importer, would be subject to the tax imposed by 
68A Stat. 490. 
sectiou 4181 of the Internal Revenue Code of 1954 (deter-
26 use 4181. 
mined without regard to any exemptions from such tax pro-
72 Stat. 1282. 
vided by section 4182 or 4221, or any other provision of such 
Code), or any component of any such article, 
(F) aircraft, aircraft engines, propellers, or appliances (as 
72 Stat. 737. 
defined in section 101 of the Federal Aviation Act of 1958), 
(G) boats which could be subjected to safety regulation 
under the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 
85 Stat. 213. 
gt scq.); vessels, and appurtenances to vessels (other than 
such boats), which could be subjected to safety regulation 
46 use 361. 
under title 52 of the Revised Statutes or other marine safety 
statutes administered by the department in which the Coast 
Guard is operating; and equipment (including associated 
equipment, as defined in section 3(8) of the Federal Boat 
46 use 1452. 
Safety Act of 1971) to the extent that a risk of injury asso-
ciated with the use of such equipment on boats or vessels 
could be eliminated or reduced by actions taken under any 
statute referred to in this subparagraph, 
(H) drugs, devices, or cosmetics (as such terms are defined 
in sections 201 (g), (h), and (i) of the Federal Food, Drug, 
79"tal°234°*°' 
and Cosmetic Act), or 
21 use 321. 
(I) food. The term "food", as used in this subparagraph 
means all "food", as defined in section 201 (f) of the Federal 
Food, Drug, and Cosmetic Act, including poultry and poultry 
21 u s e 1033. 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1209 
products (as defined in sections 4 (e) and (f) of the Poultry 
Products Insj)ection Act), meat, meat food products (as 
82stat.75>2 
defined in section l(j) of the Federal Meat Inspection Act), 
gi sS?. SM. 
and eggs and egg products (as defined in section 4 of the Egg 
21 use eoi. 
Products Inspection Act). 
of f^oo nio' 
See sections 30(d) and 31 of this Act, for limitations on Commis- 
^' ""'^ "'" 
sion's authority to regulate certain consumer products. 
(2) The term "consumer product safety rule" means a con-
sumer products safety standard described in section 7(a), or a 
rule under this Act declaring a consumer product a banned 
hazardous product, 
(3) The term "risk of injury" means a risk of death, personal 
injury, or serious or frequent illness. 
(4) The term "manufacturer" means any person who manufac-
tures or imports a consumer product. 
(5) The term "distributor" means a person to whom a consumer 
product is delivered or sold for purposes of distribution in com-
merce, except that such term does not include a manufacturer or 
retailer of such product. 
(6) The term "retailer" means a person to whom a consumer 
product is delivered or sold for purposes of sale or distribution 
by such person to a consumer. 
(7) (A) The term "private labeler" means an owner of a brand 
or trademark on the label of a consumer product which bears a 
private label. 
(B) A consumer product bears a private label if (i) the product 
(or its container) is labeled with the brand or trademark of a 
person other than a manufacturer of the product, (ii) the person 
with whose brand or trademark the product (or container) is 
labeled has authorized or caused the product to be so labeled, and 
(iii) the brand or trademark of a manufacturer of such product 
does not appear on such label. 
(8) The term "manufactured" means to manufacture, produce, 
or assemble. 
(9) The term "Commission" means the Consumer Product 
Safety Commission, established by section 4. 
(10) The term "State" means a State, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
Wake Island, Midway Island, Kingman Reef, Johnston Island, 
the Canal Zone, American Samoa, or the Trust Territory of the 
Pacific Islands. 
(11) The terms "to distribute in commerce" and "distribution 
in commerce" mean to sell in commerce, to introduce or deliver for 
introduction into commerce, or to hold for sale or distribution 
after introduction into commerce. 
(12) The term "commerce" means trade, traffic, commerce, or 
transportation— 
(A) between a pla<ce in a State and any place outside 
thereof, or 
(B^ which affects trade, traffic, commerce, or transportation 
described in subparagraph (A). 
(13) The terms "import" and "importation" include reimport-
ing a consumer product manufactured or processed, in whole or in 
part, in the United States. 
(14) The term "United States", when used in the geographic 
sense, means all of the States (as defined in paragraph (10)). 
(b) A common carrier, contract carrier, or freight forwarder shall 
not, for purposes of this Act, be deemed to be a manufacturer, distrib-
1210 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
iitor, or retailer of a consumer product solely by reason of receiving 
or transporting a consumer product in the ordinary course of its 
business as such a carrier or forwarder. 
Establishment. 
Chairman. 
Terms. 
Restrictions. 
Functions. 
CONSUMER PRODUCT SAFETY COMMISSION 
SEC. 4. (a) An independent regulatory commission is hereby estab-
lished, to be known as the Consumer Product Safety Commission, con-
sisting of five Commissioners who shall be appointed by the President, 
by and with the advice and consent of the Senate, one of whom shall 
be designated by the President as Chairman. The Chairman, when so 
designated, shall act as Chairman until the expiration of his term of 
office as Commissioner. Any member of the Commission may be 
removed by the President for neglect of duty or malfeasance in office 
but for no other cause. 
(b)(1) Except as provided in paragraph (2), (A) the Commis-
sioners first appointed under this section shall be appointed for terms 
ending three, four, five, sixj and seven years, respectively, after the 
date of the enactment of this Act, the term of each to be designated 
by the President at the time of nomination; and (B) each of their 
successors shall be appointed for a term of seven years from the date 
of the expiration of the term for which his predecessor was appointed. 
(2) Any Commissioner appointed to fill a vacancy occurring prior 
to the expiration of the term for which his predecessor was appointed 
shall be appointed only for the remainder of such term. A Commis-
sioner may continue to serve after the expiration of his term until 
his successor has taken office, except that he maj^ not so continue to 
serve more than one year after the date on which his term would other-
wise expire under this subsection. 
(c) Not more than three of the Commissioners shall be affiliated 
with the same political party. No individual (1) in the employ of, or 
holding any official relation to, any person engaged in selling or manu-
facturing consumer products, or (2) owning stock or bonds of substan-
tial value in a person so engaged, or (3) who is in any other manner 
pecuniarily interested in such a person, or in a substantial supplier of 
such a person, shall hold the office of Commissioner. A Commissioner 
may not engage in any other business, vocation, or employment. 
(d) No vacancy in the Commission shall impair the right of the 
remaining Commissioners to exercise all the powers of the Commis-
sion, but three members of the Commission shall constitute a quorum 
for the transaction of business. The Commission shall have an official 
seal of which judicial notice shall be taken. The Commission shall 
annually elect a Vice Chairman to act in the absence or disability of 
the Chairman or in case of a vacancy in the office of the Chairman. 
(e) The Commission shall maintain a principal office and such field 
offices as it deems necessary and may meet and exercise any of its 
powers at any other place. 
(f)(1) The Chairman of the Commission shaU be the principal 
executive officer of the Commission, and he shall exercise all of the 
executive and administrative functions of the Commission, including 
functions of the Commission with respect to (A) the appointment and 
supervision of personnel employed under the Commission (other than 
personnel employed regularly and full time in the immediate offices of 
commissioners other than the Chairman), (B) the distribution of busi-
ness among personnel appointed and supervised by the Chairman and 
among administrative units of the Commission, and (C) the use and 
expenditure of funds. 
(2) In carrying out any of his functions under the provisions of 
this subsection the Chairman shall be governed by general policies of 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1211 
the Commission and by such regulatory decisions, findings, and deter-
minations as the Commission may by law be authorized to make. 
(g) (1) The Chairman, subject to the approval of the Commission, oi^^^^J'"''* 
shall appoint an Executive Director, a General Counsel, a Director of 
Engineering Sciences, a Director of Epidemiology, and a Director of 
Information. No individual so appointed may receive pay in excess of 
the annual rate of basic pay in effect for grade GS-18 of the General 
S c h e d u l e . 
n o t e ' " ' ' ' " ' ' 
(2) The Chairman, subject to subsection (f) (2), may employ such 
Additional 
other officers and employees (including attorneys) as are necessary in employees-
the execution of the Commission's functions. No full-time officer or 
employee of the Commission who was at any time during the 12 months 
preceding the termination of his employment with the Commission 
compensated at a rate in excess of the annual rate of basic pay in effect 
for grade GS-14 of the General Schedule, shall accept employment or 
compensation from any manufacturer subject to this Act, for a period 
of 12 months after terminating employment with the Commission. 
(h) (1) Section 5314 of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph: 
"(59) Chairman, Consumer Product Safety Commission." 
(2) Section 5315 of such title is amended by adding at the end 
thereof the following new paragraph: 
"(97) Members, Consumer Product Safety Commission (4)." 
Ante. p. 110. 
Ante, p. 149. 
PRODUCT SAFETY INFORMATION AND RESEARCH 
SEC. 5. (a) The Commission shall— 
(1) maintain an Injury Information Clearinghouse to collect, 
investigate, analyze, and disseminate injury data, and informa-
tion, relating to the causes and prevention of death, injury, and 
illness associated with consumer products; and 
• *(2) conduct such continuing studies and investigations of 
deaths, injuries, diseases, other health impairments, and economic 
losses resulting from accidents involving consumer products as it 
deems necessary. 
(b) The Commission may— 
(1) conduct research, studies, and investigations on the safety 
of consumer products and on improving the safety of such 
products; 
(2) test consumer products and develop product safety test 
methods and testing devices; and 
(3) offer training in product safety investigation and test meth-
ods, and assist public and private organizations, administratively 
and technically, in the development of safety standards and test 
methods. 
(c) In carrying out its functions under this section, the Commission 
may make grants or enter into contracts for the conduct of such func-
tions with any person (including a governmental entity). 
(d) Whenever the Federal contribution for any information, , f"*'",'; 
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information 
research, or development activity authorized by this Act is more than 
minimal, the Commission shall include in any contract, grant, or other 
arrangement for such activity, provisions effective to insure that the 
rights to all information, uses, processes, patents, and other develop-
ments resulting from that activity will be made available to the public 
without charge on a nonexclusive basis. Nothing in this subsection 
shall be construed to deprive any person of any right which he may 
have had, prior to entering into any arrangement referred to in this 
subsection, to any patent, patent application, or invention. 
Grants or 
contracts. 
1212 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
81 Stat. 54. 
Confidential 
information. 
62 Stat. 791. 
Summary to 
manufacturer or 
labeler. 
Inaccurate or 
misleading 
information, 
retraction. 
Nonapplica-
bility. 
Risk of injury. 
PUBLIC DISCLOSURE OF 
INFORMATION 
SEC. 6. (a) (1) Nothing contained in this Act shall be deemed to 
require the release of any information described by subsection (b) of 
section 552, title 5, United States Code, or which is otherwise protected 
by law from disclosure to the public. 
(2) All information reported to or otherwise obtained by the C5om-
mission or its representative under this Act which information con-
tains or relates to a trade secret or other matter referred to in section 
1905 of title 18, United States Code, shall be considered confidential 
and shall not be disclosed, except that such information may be dis-
closed to other officers or employees concerned with carrying out this 
Act or when relevant in any proceeding under this Act. Nothing in 
this Act shall authorize the withholding of information by the Com-
mission or any officer or employee under its control from the duly 
authorized committees of the Congress. 
(b)(1) Except as provided by paragraph (2) of this subsection, 
not less than 30 days prior to its public disclosure of any information 
obtained under this Act, or to be disclosed to the public in connection 
therewith (unless the Commission finds out that the public health and 
safety requires a lesser period of notice), the Commission shall, to 
the extent practicable, notify, and provide a summary of the infor-
mation to, each manufacturer or private labeler of any consumer 
product to which such information pertains, if the manner in which 
such consumer product is to be designated or described in such infor-
mation will permit the public to ascertain readily the identity of such 
manufacturer or private labeler, and shall provide such manufacturer 
or private labeler with a reasonable opportunity to submit comments 
to the Commission in regard to such information. The Commission 
shall take reasonable steps to assure, prior to its public disclosure 
thereof, that information from which the identity of such manu-
facturer or private labeler may be readily ascertained is accurate, and 
that such disclosure is fair in the circumstances and reasonably related 
to effectuating the purposes of this Act. If the Commission finds that, 
in the administration of this Act, it has made public disclosure of 
inaccurate or misleading information which reflects adversely upon 
the safety of any consumer product, or the practices of any 
manufacturer, private labeler, distributor, or retailer of consumer 
products, it shall, in a manner similar to that in which such disclosure 
was made, publish a retraction of such inaccurate or misleading 
information. 
(2) Paragraph (1) (except for the last sentence thereof) shall not 
apply to the public disclosure of (A) information about any consumer 
product with respect to which product the Commission has filed an 
action under section 12 (relating to imminently hazardous products), 
or which the Commission has reasonable cause to believe is in violation 
of section 19 (relating to prohibited acts), or (B) information in the 
course of or concerning any administrative or judicial proceeding 
under this Act. 
(c) The Commission shall communicate to each manufacturer of a, 
consumer product, insofar as may be practicable, information as to 
any significant risk of injury associated with such product. 
CONSUMER PRODUCT SAFETY 
STANDARDS 
SEC. 7. (a) The Commission may by rule, in accordance with this 
section and section 9, promulgate consumer product safety standards. 
A consumer product safety standard shall consist of one or more of 
any of the following types of requirements: 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1213 
(1) Requirements as to performance, composition, contents, 
design, construction, finish, or packaging of a consumer product. 
(2) Requirements that a consumer product be marked with or 
accompanied by clear and adequate warning or instructions, or 
requirements respecting the form of warnings or instructions. 
Any requirement of such a standard shall be reasonably necessary to 
prevent or reduce an unreasonable risk of injury associated with such 
product. The requirements of such a standard (other than require-
ments relating to labeling, warnings, or instructions) shall, whenever 
feasible, be expressed in terms of performance requirements. 
(b) A proceeding for the development of a consumer product safety 
standard under this Act shall be commenced by the publication in the 
Federal Register of a notice which shall— 
(1) identify the product and the nature of the risk of injury 
associated with the product ; 
(2) state the Commission's determination that a consumer 
product safety standard is necessary to eliminate or reduce the 
risk of injury; 
(3) include information with respect to any existing standard 
known to the Commission which may be relevant to the proceed-
ing; and 
(4) include an invitation for any person, including any State 
or Federal agency (other than the Commission), within 30 days 
after the date of publication of the notice (A) to submit to the 
Commission an existing standard as the proposed consumer prod-
uct safety standard or (B) to offer to develop the proposed con-
sumer product safety standard. 
An invitation under paragraph (4) (B) shall specify a period of time, 
during which the standard is to be developed, which shall be a period 
ending 150 days after the publication of the notice, unless the Com-
mission for good cause finds (and includes such finding in the notice) 
that a different period is appropriate. 
(c) If the Commission determines that (1) there exists a standard 
which has been issued or adopted by any Federal agency or by any 
other qualified agency, organization, or institution, and (2) such stand-
ard if promulgated under this Act, would eliminate or reduce the 
unreasonable risk of iniury associated with the product, then it may, in 
lieu of accepting an offer pursuant to subsection (d) of this section, 
publish such standard as a proposed consumer product safety rule. 
(d) (1) Except as provided by subsection (c), the Commission shall 
accept one, and may accept more than one, offer to develop a proposed 
consumer prorduct safety standard pursuant to the invitation prescribed 
by subsection (b) (4) (B), if it determines that the offeror is technically 
competent, is likely to develop an appropriate standard within the 
period specified in the invitation under subsection (b), and will com-
ply with regulations of the Commission under paragraph (3) of this 
subsection. The Commission shall publisli in the Federal Register the 
name and address of each person whose offer it accepts, and a summary 
of the terms of such offer as accepted. 
(2) If an offer is accepted under this subsection, the Commission 
may agree to contribute to the offeror's cost in developing a proposed 
consumer product safety standard, in any case in which the Commis-
sion determines that such contribution is likely to result in a more 
satisfactory standard than would be developed without such contribu-
tion, and that the offeror is financially responsible. Regulations of the 
Commission shall set forth the items of cost in which it may par-
ticipate, and shall exclude any contribution to the acquisition of land 
or buildings. 
Notice, 
publication in 
Federal Register. 
Development 
period. 
Proposed 
safety rules, 
publication. 
Proposed 
standards, 
development 
offers. 
Publication 
in Federal 
Register. 
Cost, 
contribution. 
1214 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
Regulations. 
Proposed 
safety rule, 
publication. 
Restrictions. 
Development 
period. 
Publication in 
Federal Register. 
(3) The Commission shall prescribe regulations governing the 
development of proposed consumer product safety standards by per-
sons whose offers are accepted under paragraph (1). Such regulations 
shall include requirements— 
(A) that standards recommended for promulgation be suitable 
for promulgation under this Act, be supported by test data or 
such other documents or materials as the Commission may reason-
ably require to be developed, and (where appropriate) contain 
suitable test methods for measurement of compliance with such 
standards; 
(B) for notice and opportunity by interested persons (includ-
ing representatives of consumers and consumer organizations) to 
participate in the development of such standards; 
(C) for the maintenance of records, which shall be available 
to the public, to disclose the course of the development of stand-
ards recommended for promulgation, the comments and other 
information submitted by any person in connection with such 
development (including dissenting views and comments and infor-
mation with respect to the need for such recommended standards), 
and such other matters as may be relevant to the evaluation of such 
recommended standards; and 
(D) that the Commission and the Comptroller General of the 
United States, or any of their duly authorized representatives, 
have access for the purpose of audit and examination to any books, 
documents, papers, and records relevant to the development of 
such recommended standards or to the expenditure of any contri-
bution of the Commission for the development of such standards. 
(e^ (1) If the Commission has published a notice of proceeding as 
provided by subsection (b) of this section and has not, within 30 days 
after the date of publication of such notice, accepted an offer to 
develop a proposed consumer product safety standard, the Commission 
may develop a proposed consumer product safety rule and publish 
such proposed rule. 
(2) If the Commission accepts an offer to develop a proposed con-
sumer product safety standard, the Commission may not, during the 
development period (specified in paragraph (3)) for such standard— 
(A) publish a proposed rule applicable to the same risk of 
injury associated with such product, or 
(B) develop proposals for such standard or contract with third 
parties for such development, unless the Commission determines 
that no offeror whose offer was accepted is making satisfactory 
progress in the development of such standard. 
In any case in which the sole offeror whose offer is accepted under sub-
section (d) (1) of this section is the manufacturer, distributor, or 
retailer of a consumer product proposed to be regulated by the con-
sumer product safety standard, the Commission may independently 
proceed to develop proposals for such standard during the develop-
ment period. 
(3) For purposes of paragraph (2), the development period for any 
standard is a period (A) beginning on the date on which the Com-
mission first accepts an offer under subsection (d) (1) for the develop-
ment of a proposed standard, and (B) ending on the earlier of— 
(i) the end of the period specified in the notice of proceeding 
(except that the period specified in the notice may be extended 
if good cause is shown and the reasons for such extension are pub-
lished in the Federal Register), or 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1215 
(ii) the date on which it determines (in accordance with such 
procedures as it may by rule prescribe) that no offeror whose offer 
was accepted is able and willing to continue satisfactorily the 
development of the proposed standard which was the subject of 
the off'er, or 
(iii) the date on which an offeror whose offer was accepted 
submits such a recommended standard to the Commission, 
(f) Not more than 210 days after its publication of a notice of pro-
ceeding pursuant to subsection (b) (which time may be extended by 
the Commission by a notice published in the Federal Register stating 
good cause therefor), the Commission shall publish in the Federal 
Register a notice withdrawing such notice of proceeding or publish a 
proposed rule which either proposes a product safety standard appli-
cable to any consumer product subject to such notice, or proposes to 
declare any such subject product a banned hazardous consumer 
product. 
BANNED HAZARDOUS PRODUCTS 
SEC. 8, Whenever the Commission finds that— 
(1) a consumer product is being, or will be, distributed in com-
merce and such consumer product presents an unreasonable risk 
of injury; and 
(2) no feasible consumer product safety standard under this 
Act would adequately protect the public from the unreasonable 
risk of injury associated with such product, 
the Commission may propose and, in accordance with section 9, pro-
mulgate a rule declaring such product a banned hazardous product. 
Withdrawal 
notice or pro-
posed rule, 
publication in 
Federal Register. 
ADMINISTRATIVE PROCEDURE APPLICABLE TO PROMULGATION OF CONSUMER 
PRODUCT SAFETY RULES 
SEC. 9. (a)(1) Within 60 days after the publication under sec-
tion 7 (c), (e) (1), or (f) or section 8 of a proposed consumer product 
safety rule respecting a risk of injury associated with a consumer 
product, the Commission shall— 
(A) promulgate a consumer product safety rule respecting the 
risk of injury associated with such product if it makes the findings 
required under subsection (c), or 
(B) withdraw by rule the applicable notice of proceeding if 
it determines that such rule is not (i) reasonably necessary to 
eliminate or reduce an unreasonable risk of injury associated with 
the product, or (ii) in the public interest; 
except that the Cojnmission may extend such 60-day period for good 
cause shown (if it publishes its reasons therefor in the Federal Reg-
ister). 
(2) Consumer product safety rules which have been proposed under 
section 7 (c), (e) (1), or (f) or section 8 shall be promulgated pursu-
ant to section 553 of title 5, United States Code, except that the 
Commission shall give interested persons an opportunity for the oral 
presentation of data, views, or arguments, in addition to an oppor-
tunity to make written submissions. A transcript shall be kept of any 
oral presentation. 
(b) A consumer product safety rule shall express in the rule itself 
the risk of injury which the standard is designed to eliminate or 
reduce. In promulgating such a rule the Commission shall consider 
relevant available product data including the results of research, 
development, testing, and investigation activities conducted generally 
and pursuant to this Act. 
80 Stat. 383. 
1216 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
Findings. 
Restrictions. 
Standards, 
effective date. 
•Stockpiling. 
Amendment or 
revocation. 
Publication in 
Federal Register. 
(c) (1) Prior to promulgating a consumer product safety rule, the 
Commission shall consider, and shall make appropriate findings for 
inclusion in such rule with respect to— 
(A) the degree and nature of the risk of injury the rule is 
designed to eliminate or reduce; 
(B) the approximate number of consumer products, or types 
or classes thereof, subject to such rule; 
(C) the need of the public for the consumer products subject 
to such rule, and the probable effect of such rule upon the utility, 
cost, or availability of such products to meet such need; and 
(D) any means of achieving the objective of the order while 
minimizing adverse effects on competition or disruption or dis-
location of manufacturing and other commercial practices con-
sistent with the public health and safety. 
(2) The Commission shall not promulgate a consumer product 
safety rule unless it finds (and includes such finding in the rule)— 
(A) that the rule (including its effective date) is reasonably 
necessary to eliminate or reduce an unreasonable risk of injury 
associated with such product; 
(B) that the promulgation of the rule is in the public interest; 
and 
(C) in the case of a rule declaring the product a banned 
hazardous product, that no feasible consumer product safety 
standard under this Act would adequately protect the public from 
the unreasonable risk of injury associated with such product. 
(d) (1) Each <jonsumer product safety rule shall specify the date 
such rule is to take effect not exceeding 180 days from the date promul-
gated, unless the Commission finds, for good cause shown, that a later 
effective date is in the public interest and publishes its reasons for 
such finding. The effective date of a consumer product safety stnndard 
under this Act shall be set at a date at least 30 days after the date of 
promulgation unless the Commission for good cause shown determines 
that an earlier effective date is in the public interest. In no case may 
the effective date be set at a date which is earlier than the date of 
promulgation. A consumer product safety standard shall be applica-
ble only to consumer products manufactured after the effective date. 
(2) The Commission may by rule prohibit a manufacturer of a con-
sumer product from stockpiling any product to which a consumer 
product safety rule applies, so as to prevent such manufacturer from 
circumventing the purpose of such consumer product safety rule. For 
purposes of this paragraph, the term "stockpiling" means manufac-
turing or importing a product between the date of promulgation of 
such consumer pro(mct safety rule and its effective date at a rate which 
is significantly greater (as determined under the rule under this para-
graph) than the rate at which such product was produced or imported 
durmg a base period (prescribed in the rule under this paragraph) 
ending before the date of promulgation of the consumer product 
safety rule. 
(e) The Commission may by rule amend or revoke any consumer 
product safety rule. Such amendment or revocation shall specify the 
date on which it is to take effect which shall not exceed 180 days from 
the date the amendment or revocation is published unless the Com-
mission finds for good cause shown that a later effective date is in the 
public interest and publishes its reasons for such finding. Where an 
amendment involves a material change in a consumer product safety 
rule, sections 7 and 8, and subsections (a) through (d) of this section 
shall apply. In order to revoke a consumer product safety rule, the 
Commission shall publish a proposal to revoke such rule in the Federal 
Register, and allow oral and written presentations in accordance with 
86 STAT. ] 
PUBLIC L
A
W 92-573-OCT. 27, 1972 
1217 
subsection (a) (2) of this section. It may revoke sucli rule only if it 
determines that the rule is not reasonably necessary to eliminate or 
reduce an unreasonable risk of injury associated with the product. Sec- Applicability. 
tion 11 shall apply to any amendment of a consumer product safety 
rule which involves a material change and to any revocation of a con-
sumer product safety rule, in the same manner and to the same extent 
as such section applies to the Commission's action in promulgating 
such a rule. 
COMMISSION RESPONSIBILITY—PETITION FOR CONSUMER PRODUCT 
SAFETY RULE 
SEC. 10. (a) Any interested person, including a consumer or con-
sumer organization, may petition the Commission to commence a pro-
ceeding for the issuance, amendment, or revocation of a consumer 
product safety rule. 
(b) Such petition shall be filed in the principal office of the Com-
mission and shall set forth (1) facts which it is claimed establish that 
'A consumer product safety rule or an amendment or revocation thereof 
is necessarj'^, and (2) a brief description of the substance of the con-
sumer product safety rule or amendment thereof which it is claimed 
should be issued by the Commission. 
(c) The Commission may hold a public hearing or may conduct . bearing or 
\ '. 
,. 
•• 
"^ f 
'Ft 
• J 
• 
1 
, 
investigation. 
such investigation or proceeding as it deems appropriate m order to 
determine whether or not such petition should be granted. 
(d) Within 120 days after filing of a petition described in subsection 
(b), the Commission shall either grant or deny the petition. If the 
Commission grants such petition, it shall promptly commence an 
appropriate proceeding under section 7 or 8. If the Commission denies deniii"°ubiica 
such petition it shall publish in the Federal Register its reasons for ti^on^ln Federal 
such denial. 
Register. 
(e) (1) If the Commission denies a petition made under this section 
u.s. district 
(or if it fails to grant or deny such petition within the 120-day period) actTon.*'''^^' 
the petitioner may commence a civil action in a United States district 
court to compel the Commission to initiate a proceeding to take the 
action requested. Any such action shall be filed within 60 days after 
the Commission's denial of the petition, or (if the Commission fails to 
grant or deny the petition within 120 days after filing the petition) 
within 60 days after the expiration of the 120-day period. 
(2) If the petitioner can demonstrate to the satisfaction of the 
court, by a preponderance of evidence in a de novo proceeding before 
such court, that the consumer product presents an unreasonable risk 
of injury, and that the failure of the Commission to initiate a rule-
making proceeding under section 7 or 8 unreasonably exposes the peti-
tioner or other consumers to a risk of injury presented by the consumer 
product, the court shall order the Commission to initiate the action 
requested by the petitioner. 
(3) In any action under this subsection, the district court shall have 
no authority to compel the Commission to take any action other than 
the initiation of a rule-making proceeding in accordance with section 
7 or 8. 
(f) The remedies under this section shall be in addition to, and not 
in lieu of, other remedies provided by law. 
(g) Subsection (e) of this section shall apply only with respect to Applicability, 
petitions filed more than 3 years after the date of enactment of this 
Act. 
m» 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
72 Stat. 941; 
80 Stat. 1323. 
"Record." 
80 Stat. 392. 
5 u s e 701. 
62 Stat. 928. 
JUDICIAL REVIEW OF CONSUMER PRODUCT SAFETY RULES 
SEC. 11. (a) Not later than 60 days after a consumer product safety 
rule is promulgated by the Commission, any person adversely affected 
by such rule, or any consumer or consumer organization, may file a 
petition with the United States court of appeals for the District of 
Columbia or for the circuit in which such person, consumer, or organi-
zation resides or has his principal place of business for judicial review 
of such rule. Copies 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 and to the Attorney General. The Commission 
shall transmit to the Attorney General, who shall file in the court, the 
record of the proceedings on which the Commission based its rule, as 
provided in section 2112 of title 28 of the United States Code. For 
purposes of this section, the term "record" means such consumer prod-
uct safety rule; an^ notice or proposal published pursuant to section 7, 
8, or 9; the transcript required by section 9(a)(2) of any oral presenta-
tion; any written submission of interested parties; and any other 
information which the Commission considers relevant to such rule. 
(b) If the petitioner applies to the court for leave to adduce addi-
tional data, views, or arguments and shows to the satisfa,ction of the 
court that such additional data, views, or arguments are material and 
that there were reasonable grounds for the petitioner's failure to 
adduce such data, views, or arguments in the proceeding before the 
Commission, the court may order the Commission to provide addi-
tional opportunity for the oral presentation of data, views, or argu-
ments and for written submissions. The Commission may modify its 
findings, or make new findings by reason of the additional data, views, 
or arguments so taken and shall file such modified or new findings, and 
its recommendation, if any, for the modification or setting aside of 
its original rule, with the return of such additional data, views, or 
arguments. 
(c) Upon the filing of the petition under subsection (a) of this sec-
tion the court shall have jurisdiction to review the consumer product 
safety rule in accordance with chapter 7 of title 5, United States Code, 
and to grant appropriate relief, including interim relief, as provided 
in such chapter. The consumer product safety rule shall not be affirmed 
unless the Commission's findings under section 9(c) are supported by 
substantial evidence on the record taken as a whole. 
(d) The judgment of the court affirming or setting aside, in whole 
or in part, any consumer product safety rule 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 of the United States 
Code. 
(e) The remedies provided for in this section shall be in addition to 
and not in lieu of any other remedies provided by law. 
Petition for 
seizure. 
•'Imminently 
hazardous 
consumer 
product." 
IMMINENT HAZARDS 
SEC. 12. (a) The Commission may file in a United States district 
court an action (1) against an imminently hazardous consumer product 
for seizure of such product under subsection (b)(2), or (2) against 
any person who is a manufacturer, distributor, or retailer of such 
product, or (3) against both. Such an action may be filed notwith-
standing the existence of a consumer product safety rule applicable to 
such product, or the pendency of any administrative or judicial pro-
ceedings under any other provision of this Act. As used in this section, 
and hereinafter in this Act, the term "imminently hazardous consumer 
product" means a consumer product which presents imminent and 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1219 
unreasonable risk of death, serious illness, or severe personal injury. 
(b) (1) The district court in which such action is filed shall have 
Relief. 
jurisdiction to declare such product an imminently hazardous con-
sumer product, and (in the case of an action under subsection (a) (2)) 
to grant (as ancillary to such declaration or in lieu thereof) such 
temporary or permanent relief as may be necessary to protect the 
public from such risk. Such relief may include a mandatory order 
requiring the notification of such risk to purchasers of such product 
known to the defendant, public notice, the recall, the repair or the 
replacement of, or refund for, such product. 
(2) In the case of an action under subsection (a) (1), the consumer condel^nition 
product may be proceeded against by process of libel for the seizure and seizure"" 
and condemnation of such product in any United States district court 
within the jurisdiction of which such consumer product is found. 
Proceedings and cases instituted under the authority of the preceding 
sentence shall conform as nearly as possible to proceedings in rem in 
admiralty. 
(c) Where appropriate, concurrently with the filing of such action J^^c^'^aLt 
or as soon thereafter as may be practicable, the Commission shall ini- rule. 
tiate a proceeding to promulgate a consumer product safety rule appli-
cable to the consumer product with respect to which such action is filed. 
(d)(1) Prior to commencing an action under subsection (a), the 
, .^1?"/... 
Commission may consult the Product Safety Advisory Council (estab-
lished under section 28) with respect to its determination to commence 
such action, and request the Council's recommendations as to the type 
of temporary or permanent relief which may be necessary to protect 
the public. 
(2) The Council shall submit its recommendations to the Commis-
sion within one week of such request. 
(3) Subject to paragraph (2), the Council may conduct such hear- 
Hearing. 
ing or offer such opportunity for the presentation of views as it may 
. , .
^ 
consider necessary or appropriate. 
(e) (1) An action under subsection (a) (2) of this section may be 
brought in the United States district court for the District of Colum-
bia or in any judicial district in which any of the defendants is found, 
is an inhabitant or transacts business; and process in such an action 
may be served on a defendant in any other district in which such 
defendant resides or may be found. Subpenas requiring attendance of 
witnesses in such an action may run into any other district. In deter-
mining the judicial district in which an action may be brought under 
this section in instances in which such action may be brought in more 
than one judicial district, the Commission shall take into account the 
convenience of the parties. 
(2) Whenever proceedings under this section involving substan- consolfd'^tu.n^' 
tially similar consumer products are pending in courts in two or more for trial. 
judicial districts, they shall be consolidated for trial by order of any 
such court upon application reasonably made by any party in interest, 
upon notice to all other parties in interest. 
(f) Notwithstanding any other provision of law, in any action 
under this section, the Commission may direct attorneys employed by 
it to appear and represent it. 
NEW PRODUCTS 
SEC. 13. (a) The Commission may, by rule, prescribe procedures for de^cripuon.'^ 
the purpose of insuring that the manufacturer of any new consumer 
product furnish notice and a description of such product to the Com-
mission before its distribution in commerce. 
1220 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
'•New consumer 
product." 
(b) For purposes of this section, the term "new consumer product" 
means a consumer product which incorporates a design, material, or 
form of energy exchange which (1) has not previously been used sub-
stantially in consumer products and (2) as to which there exists a 
lack of information adequate to determine the safety of such product 
in use by consumers. 
Multiple 
manufacturers 
or labelers. 
Testing 
programs. 
Labels, form 
and content. 
Marking and 
coding. 
PRODUCT CERTIFICATION AND 
LABELING 
SEC. 14. (a) (1) Every manufacturer of a product which is subject 
to a consumer product safety standard under this Act and which is 
distributed in commerce (and the private labeler of such product if 
it bears a private label) shall issue a certificate which shall certify 
that such product conforms to all applicable consumer product safety 
standards, and shall specify any standard which is applicable. Such 
certificate shall accompany the product or shall otherwise be fur-
nished to any distributor or retailer to whom the product is delivered. 
Any certificate under this subsection shall be based on a test of each 
product or upon a reasonable testing program; shall state the name 
of the manufacturer or private labeler issuing the certificate; and 
shall include the date and place of manufacture. 
(2) In the case of a consumer product for which there is more 
than one manufacturer or more than one private labeler, the Com-
mission may by rule designate one or more of such manufacturers 
or one or more of such private labelers (as the case may be) as the 
pei'sons who shall issue the certificate required by paragraph (1) 
of this subsection, and may exempt all other manufacturers of such 
product or all other private labelers of the product (as the case may 
be) from the requirement under paragraph (1) to issue a certificate 
with respect to such product. 
(b) The Commission may by rule prescribe reasonable testing pro-
grams for consumer products which are are subject to consumer prod-
uct safety standards under this Act and for which a certificate is 
required under subsection (a). Any test or testing program on the 
basis of which a certificate is issued under subsection (a) may, at the 
option of the person required to certify the product, be conducted by 
an independent third party qualified to perform such tests or testing 
programs. 
(c) The Commission may by rule require the use and prescribe the 
form and content of labels which contain the following information 
(or that portion of it specified in the rule)— 
(1) The date and place of manufacture of any consumer 
product. 
(2) A suitable identification of the manufacturer of the con-
sumer product, unless the product bears a private label in which 
case it shall identify the private labeler and shall also contain a 
code mark which will permit the seller of such product to iden-
tify the manufacturer thereof to the purchaser upon his request. 
(3) In the case of a consumer product subject to a consumer 
product safety rule, a certification that the product meets all 
applicable consumer product safety standards and a specification 
of the standards which are applicable. 
Such labels, where practicable, may be required by the Commission to 
be permanently marked on or affixed to any such consumer product. 
The Commission may, in appropriate cases, permit information 
required under paragraphs (1) and (2) of this subsection to be coded. 
86 
STAT.] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1221 
NOTIFICATION AND REPAIR, REPLACEMENT, OR REFUND 
SEC. 15. (a) For purposes of this section, the term "substantial 
product hazard" means— 
(1) a failure to comply with an applicable consumer product 
safety rule which creates a substantial risk of injury to the public, 
or 
(2) a product defect which (because of the pattern of defect, 
the number of defective products distributed in commerce, the 
severity of the risk, or otherwise) creates a substantial risk of 
injury to the public. 
(b) Every manufacturer of a consumer product distributed in com-
merce, and every distributor and retailer of such product, who obtains 
information which reasonably supports the conclusion that such 
product— 
(1) fails to comply with an applicable consumer product safety 
rule; or 
(2) contains a defect which could create a substantial product 
hazard described in subsection (a) (2), 
shall immediately inform the Commission of such failure to comply 
or of such defect, unless such manufacturer, distributor, or retailer has 
actual knowledge that the Commission has been adequately informed 
of such defect or failure to comply. 
(c) If the Commission determines (after affording interested per-
sons, including consumers and consumer organizations, an opportu-
nity for a hearing in accordance with subsection (f) of this section) 
that a product distributed in commerce presents a substantial product 
hazard and that notification is required in order to adequately protect 
the public from such substantial product hazard, the Commission may 
order the manufacturer or any distributor or retailer of the product 
to take any one or more of the following actions: 
(1) To give public notice of the defect or failure to comply. 
(2) To mail notice to each person who is a manufacturer, dis-
tributor, or retailer of such product. 
(3) To mail notice to every person to whom the person required 
to give notice knows such product was delivered or sold. 
Any such order shall specify the form and content of any notice 
required to be given under such order. 
(d) If the Commission determines (after affording interested par-
ties, including consumers and consumer organizations, an opportunity 
for a hearing in accordance with subsection (f)) that a product dis-
tributed in commerce presents a substantial product hazard and that 
action under this subsection is in the public interest, it may order the 
manufacturer or any distributor or retailer of such product to take 
whichever of the following actions the person to whom the order is 
directed elects : 
(1) To bring such product into conformity with the require-
ments of the applicable consumer product safety rule or to repair 
the defect in such product. 
(2) To replace such product with a like or equivalent product 
which complies with the applicable consumer product safety rule 
or which does not contain the defect. 
(3) To refund the purchase price of such product (less a rea-
sonable allowance for use, if such product has been in the pos-
session of a consumer for one year or more (A) at the time of 
public notice under subsection (c), or (B) at the time the con-
sumer receives actual notice of the defect or noncompliance, which-
ever first occurs). 
"Substantial 
product hazard." 
None omplianc e. 
1222 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
Action plan. 
Reimbursement. 
Hearing. 
80 Stat. 384. 
An order under this subsection may also require the person to whom 
it applies to submit a plan, satisfactory to the Commission, for taking 
action under whichever of the preceding paragraphs of this subsection 
under which such person has elected to act. The Commission shall 
specify in the order the persons to whom refunds must be made if the 
person to whom the order is directed elects to take the action described 
m paragraph (3). If an order under this subsection is directed to more 
than one person, the Coi^mission shall specify which person has the 
election under this subsection. 
(e) (1) No charge shall be made to any person (other than a manu-
facturer, distributor, or retailer) who avails himself of any remedy 
provided under an order issued under subsection (d), and the person 
subject to the order shall reimburse each person (other than a manu-
facturer, distributor, or retailer) who is entitled to such a remedy for 
any reasonable and foreseeable expenses incurred by such person in 
availing himself of such remedy. 
(2) An order issued under subsection (c) or (d) with respect to a 
product may require any person who is a manufacturer, distributor, 
or retailer of the product to reimburse any other person who is a manu-
facturer, distributor, or retailer of such product for such other person's 
expenses in connection with carrying out the order, if the Commission 
determines such reimbursement to be in the public interest. 
(f) An order under subsection (c) or (d) may be issued only after 
an opportunity for a hearing in accordance with section 554 of title 5, 
United States Code, except that, if the Commission determines that 
any person who wishes to participate in such hearing is a part of a 
class of participants who share an identity of interest, the Commission 
may limit such person's participation in such hearing to participation 
through a single representative designated by such class (or by the 
Commission if such class fails to designate such a representative). 
INSPECTION AND RECORDKEEPING 
SEC. 16. (a) For purposes of implementing this Act, or rules or 
orders prescribed under this Act, officers or employees duly designated 
by the Commission, upon presenting appropriate credentials and a 
written notice from the Commission to the owner, operator, or agent 
in charge, are authorized— 
(1) to enter, at reasonable times, (A) any factory, warehouse, 
or establishment in which consumer products are manufactured 
or held, in connection with distribution in commerce, or (B) any 
convej^ance being used to transport consumer products in connec-
tion with distribution in commerce; and 
(2) to inspect, at reasonable times and in a reasonable manner 
such conveyance or those areas of such factory, warehouse, or 
establishment where such products are manufactured, held, or 
transported and which may relate to the safety of such products. 
Each such inspection shall be commenced and completed with 
reasonable promptness. 
(b) Every person who is a manufacturer, private labeler, or distrib-
utor of a consumer product shall establish and maintain such records, 
make such reports, and provide such information as the Commission 
may, by rule, reasonablv reauire for the purposes of implementing this 
Act, or to determine compliance with rules or orders prescribed under 
this Act. Upon request of an officer or employee duly designated by the 
Commission, every such manufacturer, private labeler, or distributor 
shall permit the inspection of appropriate books, records, and papers 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1223 
relevant to determining whether such manufacturer, private labeler, 
or distributor has acted or is acting in compliance with this Act and 
rules under this Act. 
IMPORTED PRODUCTS 
'SEC. 17. (a) Any consumer product offered for importation into the 
customs territory of the United States (as defined in general headnote 
2 to the Tariff Schedules of the United States) shall be refused admis-
sion into such customs territory if such product— 
(1) fails to comply with an applicable consumer product safety 
rule; 
(2) is not accompanied by a certificate required by section 14, 
or is not labeled in accordance with regulations under section 14 
I(3) is or has been determined to be an imminently hazardous 
consumer product in a proceeding brought under section 1*2; 
(4) has a product defect which constitutes a substantial prod-
uct hazard (within the meaning of section 15(a) (2)); or 
(5) is a product which was manufactured by a person who the 
Commission has informed the Secretary of the Treasury is in 
violation of subsection (g). 
(b) The Secretary of the Treasury shall obtain without charge and 
deliver to the Commission, upon the latter's request, a reasonable 
number of samples of consumer products being offered for import. 
Except for those owners or consignees who are or have been afforded 
an opportunity for a hearing in a proceeding under section 12 with 
respect to an imminently hazardous product, the owner or consignee 
of the product shall be afforded an opportunity by the Commission 
for a hearing in accordance with section 554 of title 5 of the United 
States Code with respect to the importation of such products into 
the customs territory of the United States. If it appears from exami-
nation of such samples or otherwise that a product m u ^ be refused 
admission under the terms of subsection (a), such product shall be 
refused admission, unless subsection (c) of this section applies and 
is complied with. 
(c) If it appears to the Commission that any consumer product 
which may be refused admission pursuant to sui)section (a) of this 
section can be so modified that it need not (under the terms of para-
graphs (1) through (4) of subsection (a)) be refused admission, the 
Commission may defer final determination as to the admission of such 
product and, in accordance with such regulations as the Commission 
and the Secretary of the Treasury shall jointly agree to, permit such 
product to be delivered from customs custody under bond for the 
purpose of permitting the owner or consignee an opportunity to so 
modify such product. 
(d) All actions taken by an owner or consignee to m^odify such 
product under subsection (c) shall be subject to the supervision of an 
officer or employee of the Commission and of the Department of the 
Treasury. If it appears to the Conmiission that the product cannot 
be so modified or that the owner or consignee is not proceeding satis-
factorily to modify such product, it shall be refused admission into the 
customs territory of the United States, and the Commission may 
direct the Secretary to demand redelivery of the product into customs 
custody, and to seize the product in accordance with section 22(b) if 
it is not so redelivered. 
(e) Products refused admission into the customs territory of the 
United States under this section must be exported, except that upon 
application, the Secretary of the Treasury may permit the destruction 
of the product in lieu of expoitation. If the owner or consignee does 
77A Stat. 11. 
19 u s e 1202. 
Samples. 
80 Stat. 384. 
Admission re-
fusal. 
Modification. 
Supervision. 
Destruction. 
2-081 O - 73 - 80 
1224 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
Expenses 
ment. 
not export the product within a reasonable time, the Department of the 
Treasury may destroy the product. 
(f) All expenses (including travel, per diem or subsistence, and 
salaries of officers or employees of the United States) in connection 
with the destruction provided for in this section (the amount of such 
expenses to be determined in accordance with regulations of the Secre-
tary of the Treasury) and all expenses in connection with the storage, 
cartage, or labor with respect to any consumer product refused admis-
sion under this section, shall be paid by the owner or consignee and, in 
default of such payment, shall constitute a lien against any future 
importations made by such owner or consignee. 
(g) The Commission may, by rule, condition the importation of a 
consumer product on the manufacturer's compliance with the inspec-
tion and recordkeeping requirements of this Act and the Commission's 
rules with respect to such requirements. 
ity. 
Nonapp 11 c a bi 1-
Nonappllcabil-
Ity. 
EXPORTS 
SEC. 18. This Act shall not apply to any consumer product if (1) it 
can be shown that such product is manufactured, sold, or held for sale 
for export from the United States (or that such product was imported 
for export), unless such consumer product is in fact distributed in 
commerce for use in the United States, and (2) such consumer product 
when distributed in commerce, or any container in which it is enclosed 
when so distributed, bears a stamp or label stating that such consumer 
product is intended for export; except that this Act shall apply to any 
consumer product manufactured for sale, offered for sale, or sold for 
shipment to any installation of the United States located outside of 
the United States. 
PROHIBITED ACTS 
SEC. 19. (a) It shall be unlawful for any person to— 
(1) manufacture for sale, offer for sale, distribute in commerce, 
or import into the United States any consumer product which is 
not in conformity with an applicable consumer product safety 
standard under this Act; 
(2) manufacture for sale, offer for sale, distribute in commerce, 
or import into the United States any consumer product which has 
been declared a banned hazardous product by a rule under this 
Act; 
(3) fail or refuse to permit access to or copying of records, or 
fail or refuse to make reports or provide information, or fail or 
refuse to permit entry or inspection, as required under this Act 
or rule thereunder; 
(4) fail to furnish information required by section 15(b); 
(5) fail to comply with an order issued under section 15 (c) or 
(d) (relating to notification, and to repair, replacement, and 
refund) ; 
(6) fail to furnish a certificate required by section 14 or issue a 
false certificate if such person in the exercise of due care has rea-
son to know that such certificate is false or misleading in any 
material respect; or to fail to comply with any rule under sec-
tion 14 (c) (relating to labeling); or 
(7) fail to comply with any rule under section 9(d) (2) (relat-
ing to stockpiling). 
(b) Paragraphs (1) and (2) of subsection (a) of this section shall 
not applv to any person (1) who holds a certificate issued in accord-
ance with section 14(a) to the effect that such consumer product 
conforms to all applicable consumer product safety rules, unless such 
person knows that such consumer product does not conform, or (2) 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1225 
who relies in good faith on the representation of the manufacturer or 
a distributor of such product that the product is not subject to an 
applicable product safety rule. 
CIVIL 
PENALTIES 
SEC. 20. (a) (1) Any person who knowingly violates section 19 of 
this Act shall be subject to a civil penalty not to exceed $2,000 for each 
such violation. Subject to paragraph (2), a violation of section 19(a) 
(1), (2), (4), (5), (6), or (7) shall constitute a separate offense with 
respect to each consumer product involved, except that the maximum 
civil penalty shall not exceed $500,000 for any related series of viola-
tions. A violation of section 19(a) (3) shall constitute a separate viola-
tion with respect to each failure or refusal to allow or perform an act 
required thereby; and, if such violation is a continuing one, each day 
of such violation shall constitute a separate offense, except that the 
maximum civil penalty shall not exceed $500,000 for any related series 
of violations. 
(2) The second sentence of paragraph (1) of this subsection shall 
not apply to violations of paragraph (1) or (2) of section 19(a)— 
(A) if the person who violated such paragraphs is not the 
manufacturer or private labeler or a distributor of the products 
involved, and 
(B) if such person did not have either (i) actual knowledge 
that his distribution or sale of the product violated such para-
graphs or (ii) notice from the Commission that such distribu-
tion or sale would be a violation of such paragraphs. 
(b) Any civil penalty under this section 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 appro-
priateness of such penalty to the size of the business of the person 
charged and the gravity of the violation shall be considered. 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. 
(c) As used in the first sentence of subsection (a) (1) of this section, 
the term "knowingly" means (1) the having of actual knowledge, or 
(2) the presumed having of knowledge deemed to be possessed by a 
reasonable man who acts in the circumstances, including knowledge 
obtainable upon the exercise of due care to ascertain the truth of 
representations. 
CRIMINAL 
PENALTIES 
SEC. 21. (a) Any person who knowingly and willfully violates sec-
tion 19 of this Act after having received notice of noncompliance from 
the Commission shall be fined not more than $50,000 or be imprisoned 
not more than one year, or both. 
(b) Any individual director, officer, or agent of a corporation who 
knowingly and willfully authorizes, orders, or performs any of the 
acts or practices constituting in whole or in part a violation oi section 
19, and who has knowledge of notice of noncompliance received by the 
corporation from the Commission, shall be subject to penalties under 
this section without regard to any penalties to which that corporation 
may be sub 
j ect under subsection (a). 
Nonapplicabil-
ity. 
compromise. 
"Knowingly. 
I N J U N C T I V E ENFORCEMENT AND SEIZURE 
SEC. 22. (a) The United States district courts shall have jurisdiction 
to restrain any violation of section 19, or to restrain any person from 
distributing in commerce a product which does not comply with a con-
1226 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
sumer product safety rule, or both. Such actions may be brought by 
the Commission (with the concurrence of the Attorney General) or by 
the Attorney General in any United States district court for a district 
wherein any act, omission, or transaction constituting the violation 
occurred, or in such court for the district wherein the defendant is 
found or transacts business. In any action under this section process 
may be served on a defendant in any other district in which the defend-
ant resides or may be found. 
(b) Any consumer product which fails to conform to an applicable 
consumer product safety rule when introduced into or while in com-
merce or while held for sale after shipment in commerce shall be liable 
to be proceeded against on libel of information and condemned in any 
United States district court within the jurisdiction of which such con-
sumer product is found. Proceedings in cases instituted under the 
authority of this subsection shall conform as nearly as possible to 
proceedings in rem in admiralty. Whenever such proceedings involv-
ing substantially similar consumer products are pending in courts of 
two or more judicial districts they shall be consolidated for trial by 
' 
' 
, order of any such court upon application reasonably made by any party 
in interest upon notice to all other parties in interest. 
SUITS FOR DAMAGES BY PERSONS I N J U R E D 
SEC. 23. (a) Any person who shall sustain injury by reason of any 
knowing (including willful) violation of a consumer product safety 
rule, or any other rule or order issued by the Commission may sue any 
person who knowingly (including willfully) violated any such rule or 
order in any district court of the United States in the district in which 
the defendant resides or is found or has an agent, subject to the 
72 Stat. 415. 
provisions of section 1331 of title 28, United States Code as to the 
amount in controversy, and shall recover damages sustained, and the 
cost of suit, including a reasonable attorney's fee, if considered appro-
priate in the discretion of the court. 
(b) The remedies provided for in this section shall be in addition 
to and not in lieu of any other remedies provided by common law or 
under Federal or State law. 
PRIVATE ENFORCEMENT OF PRODUCT SAFETY RULES AND OF SECTION 
15 
ORDERS 
SEC. 24. Any interested person may bring an action in any United 
States district court for the district in which the defendant is found 
or transacts business to enforce a consumer product safety rule or an 
order under section 15, and to obtain appropriate injunctive relief. 
Notice. 
J^ot less than thirty days prior to the commencement of such action, 
such interested person shall give notice by registered mail to the Com-
mission, to the Attorney General, and to the person against whom such 
action is directed. Such notice shall state the nature of the alleged 
violation of any such standard or order, the relief to be requested, 
and the court in which the action will be brought No separate suit 
shall be brought under this section if at the time the suit is brought 
the same alleged violation is the subject of a pending civil or criminal 
action by the United States under this Act. In any action under this 
section, such interested person may elect, by a demand for such relief 
in his complaint, to recover reasonable attorney's fees, in which case 
the court shall award the costs of suit, including a reasonable attorney's 
fee, to the prevailing party. 
86 STAT. ] 
PUBLIC L
A
W 92-573-OCT. 27, 1972 
1227 
EFFECT ON PRIVATE REMEDIES 
SEC. 25. (a) Compliance with consumer product safety rules or 
other rules or orders under this Act shall not relieve any person from 
liability at common law or under State statutory law to any other 
person. 
(b) The failure of the Commission to take any action or commence 
a proceeding with respect to the safety of a consumer product shall not 
be admissible in evidence in litigation at common law or under State 
statutory law relating to such consumer product. 
(c) Subject to sections 6(a) (2) and 6(b) but notwithstanding sec-
tion 6(a)(1), (1) any accident or investigation report made under 
this Act by an officer or employee of the Commission shall be made 
available to the public in a manner which will not identify any injured 
person or any person treating him, without the consent of the person 
so identified, and (2) all reports on research projects, demonstration 
projects, and other related activities shall be public information. 
Liability. 
Public Infor-
mation. 
EFFECT ON STATE STANDARDS 
SEC. 26. (a) Whenever a consumer product safety standard under 
this Act is in eifect and applies to a risk of injury associated with a 
consumer product, no State or political subdivision of a State shall 
have any authority either to establish or to continue in effect any 
provision of a safety standard or regulation which prescribes any 
requirements as to the performance, composition, contents, design, 
finish, construction, packaging, or labeling of such product which are 
designed to deal with the same risk of injury associated with such 
consumer product, unless such requirements are identical to the require-
ments of the Federal standard. 
(b) Nothing in this section shall be construed to prevent the Federal 
Government or the government of any State or political subdivision 
thereof from establishing a safety requirement applicable to a con-
sumer product for its own use if such requirement imposes a higher 
standard of performance than that required to comply with the other-
wise apnlicable Federal standard. 
(c) Upon application of a State or political subdivision thereof, 
the Commission may by rule, after notice and opportunity for oral 
presentation of views, exempt from the provisions of subsection (a) 
(under such conditions as it may impose) a proposed safety standard 
or regulation described in such application, where the proposed stand-
ard or regulation (1) imposes a higher level of performance than 
the Federal standard, (2) is required by compelling local conditions, 
and (3) does not unduly burden interstate commerce. 
State compli-
ance to Federal 
standards. 
Exemptions. 
ADDITIONAL FUNCTIONS OF COMMISSION 
SEC. 27. (a) The Commission may, by one or more of its members publication in''*' 
or by such agents or agency as it may designate, conduct any hearing Federal Register. 
or other inquiry necessary or appropriate to its functions anywhere 
in the United States. A Commissioner who participates in such a hear-
ing or other inquiry shall not be disqualified solely by reason of such 
participation from subsequently participating in a decision of the 
Commission in the same matter. The Commission shall publish notice 
of any proposed hearing in the Federal Register and shall afford a 
reasonable opportunity for interested persons to present relevant 
testimony and data. 
1228 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
(b) The Commission shall also have the power— 
(1) to require, by special or general orders, any person to sub-
mit in writing such reports and answers to questions as the Com-
mission may prescribe; and such submission shall be made within 
such reasonable period and under oath or otherwise as the Com-
mission may determine; 
(2) to administer oaths; 
(3) to require by subpena the attendance and testimony of wit-
nesses and the production of all documentary evidence relating 
to the execution of its duties; 
(4) in any proceeding or investigation to order testimony to be 
taken by deposition before any person who is designated by the 
Commission and has the power to administer oaths and, in such 
instances, to compel testimony and the production of evidence in 
the same manner as authorized under paragraph (3) of this sub-
section ; 
(5) to pay witnesses the same fees and mileage as are paid in 
like circumstances in the courts of the United States; 
(6) to accept gifts and voluntary and uncompensated services, 
notwithstanding the provisions of section 3679 of the Eevised 
Statutes (31 U.S.C. 665 (b)) ; 
(7) to initiate, prosecute, defend, or appeal any court action in 
the name of the Commission for the purpose of enforcing the laws 
subject to its jurisdiction, through its own legal representative 
with the concurrence of the Attorney General or through the 
Attorney General; and 
(8) to delegate any of its functions or powers, other than the 
power to issue subpenas under paragraph (3), to any officer or 
employee of the Commission. 
Noncompliance 
(c) Any United States district court within the jurisdiction of 
commi"^^on^o°der, which auy iuquiry is carried on, may, upon petition by the Commission 
penalty. 
' with the coucurreuce of the Attorney General or by the Attorney 
General, in case of refusal to obey a subpena or order of the Commis-
sion issued under subsection (b) of this section, issue an order requir-
ing compliance therewith; and any failure to obey the order of the 
court may be punished by the court as a contempt thereof. 
Information 
(^) J^Q pcrsou shall bc subjcct to civil liability to any person (other 
I
S
C osure. 
tliau thc Commissiou or the United States) for disclosing information 
at the request of the Commission. 
Performance 
(c) Thc Commisslou may by rule require any manufacturer of con-
notificllion'^^*^' 
sumer products to provide to the Commission such performance and 
technical data related to performance and safety as may be required 
to carry out the purposes of this Act, and to give such notification of 
such performance and technical data at the time of original purchase 
to prospective purchasers and to the first purchaser of such product 
for purposes other than resale, as it determines necessary to carry out 
the purposes of this Act. 
(f) For purposes of carrying out this Act, the Commission may 
purchase any consumer product and it may require any manufacturer, 
distributor, or retailer of a consumer product to sell the product to the 
Commission at manufacturer's, distributor's, or retailer's cost. 
Contract au- 
(g) Thc Commissiou is authorized to enter into contracts with gov-
thority. 
ernmental entities, private organizations, or individuals for the con-
duct of activities authorized by this Act. 
devei^^m'ent^fa 
^^^ '^^® Commissiou may plan, construct, and operate a facility 
cuiti^."'^" ^ 
or facilities suitable for research, development, and testing of con-
sumer products in order to carry out this Act. 
Recordkeeping. 
(i) (1) Each recipient of assistance under this Act pursuant to 
grants or contracts entered into under other than competitive bidding 
86 STAT.] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1229 
procedures shall keep such records as the Commission by rule shall 
prescribe, including records which fully disclose the amount and dis-
position by such recipient of the proceeds of such assistance, the total 
cost of the project undertaken in connection with which such assist-
ance is given or used, and the amount of that portion of the cost of the 
project or undertaking supplied by other sources, and such other rec-
ords as will facilitate an effective audit. 
(2) The Commission and the Comptroller General of the United 
States, or their duly authorized representatives, shall have access for 
the purpose of audit and examination to any books, documents, papers, 
and records of the recipients that are pertinent to the grants or con-
tracts entered into under this Act under other than competitive bidding 
procedures. 
(j) The Commission shall prepare and submit to the President and 
the Congress on or before October 1 of each year a comprehensive 
report on the administration of this Act for the preceding fiscal year. 
Such report shall include— 
(1) a thorough appraisal, including statistical analyses, esti-
mates, and long-term projections, of the incidence of injury and 
effects to the population resulting from consumer products, with 
a breakdown, insofar as practicable, among the various sources 
of such injury; 
(2) a list of consumer product safety rules prescribed or in 
effect during such year; 
(3) an evaluation of the degree of observance of consumer 
product safety rules, including a list of enforcement actions, court 
decisions, and compromises of alleged violations, by location and 
company name; 
(4) a summary of outstanding problems confronting the 
administration of this Act in order of priority; 
(5) an analysis and evaluation of public and private consumer 
product safety research activities; 
(6) a list, with a brief statement of the issues, of completed or 
pending judicial actions under this Act; 
(7) the extent to which technical information was disseminated 
to the scientific and commercial communities and consumer infor-
mation was made available to the public; 
(8) the extent of cooperation between Commission officials and 
representatives of industry and other interested parties in the 
implementation of this Act, including a log or summary of meet-
ings held between Commission officials and representatives of 
industry and other interested parties; 
(9) an appraisal of significant actions of State and local gov-
ernments relating to the responsibilities of the Commission; and 
(10) such recommendations for additional legislation as the 
Commission deems necessary to carry out the purposes of this Act. 
(k) (1) Whenever the Commission submits any budget estimate or 
request to the President or the Office of Management and Budget, it 
shall concurrently transmit a copy of that estimate or request to the 
Congress. 
(2) Whenever the Commission submits any legislative recommenda-
tions, or testimony, or comments on legislation to the President or the 
Office of JNIanagement and Budget, it shall concurrently transmit a 
copy thereof to the Congress. No officer or agency of the United States 
shall have any authority to require the Commission to submit its 
legislative recommendations, or testimony, or comments on legislation, 
to Sinj officer or agency of the United States for approval, comments, 
or review, prior to the submission of such recommendations, testimony, 
or comments to the Congress. 
GAO audit. 
Report to Presi-
dent and Congress. 
Budget esti-
mate, transmittal 
to Congress*-
Legislative 
recommendations, 
transmittal to 
Congress. 
1230 
PUBLIC L
A
W 92-573-OCT. 27, 1972 
[86 STAT. 
Establishment; 
membership. 
Compensation; 
travel pay. 
5 u s e 5332 
note. 
80 Stat. 499; 
83 Stat. 190. 
, 
PRODUCT SAFETY ADVISORY COUNCIL 
SEC. 28. (a) The Commission shall establish a Product Safety 
Advisory Council which it may consult before prescribing a consumer 
product safety rule or taking other action under this Act. The Council 
shall be appointed by the Commission and shall be composed of fifteen 
members, each of whom shall be qualified by training and experience 
in one or more of the fields applicable to the safety of products within 
the jurisdiction of the Commission. The Council shall be constituted 
as follows: 
(1) five members shall be selected from governmental agencies 
including Federal, State, and local governments; 
(2) five members shall be selected from consumer product 
industries including at least one representative of small business; 
and 
(3) five members shall be selected from among consumer orga-
nizations, community organizations, and recognized consumer 
leaders. 
(b) The Council shall meet at the call of the Commission, but not 
less often than four times during each calendar year. 
(c) The Council may propose consumer product safety rules to the 
Commission for its consideration and mav function through subcom-
mittees of its members. All proceedings of the Council shall be public, 
and a record of each proceeding shall be available for public inspection. 
(d) Members of the Council who are not officers or employees of 
the United States shall, while attending meetings or conferences of 
the Council or while otherwise engaged in the business of the Council, 
be entitled to receive compensation at a rate fixed by the Commission, 
not exceeding the daily equivalent of the annual rate of basic pay in 
effect for grade GS-18 of the General Schedule, including traveltlme, 
and while away from their homes or regular places of business they 
may be allowed travel expense, including per diem in lieu of sub-
sistence, as authorized by section 5703 of title 5, United States Code. 
Payments under this subsection shall not render members of the 
Council officers or employees of the United States for any purpose. 
Separate State 
and local consoli-
dation agencies. 
COOPERATION WITH STATES AND WITH OTHER FEDERAL AGENCIES 
SEC. 29. (a) The Commission shall establish a program to pro-
mote Federal-State cooperation for the purposes of carrying out this 
Act. In implementing such program the Commission may— 
(1) accept from any State or local authorities engaged in 
activities relating to health, safety, or consumer protection assist-
ance in such functions as injury data collection, investigation, 
and educational programs, as well as other assistance in the 
adminis|;ration and enforcement of this Act which such States or 
localities may be able and willing to provide and, if so agreed, 
may pay in advance or otherwise for the reasonable cost of such 
assistance, and 
(2) commission any qualified officer or employee of any State 
or local agency as an officer of the Commission for the purpose 
of conducting examinations, investigations, and inspections. 
(b) In determining whether such proposed State and local programs 
are appropriate in implementing the purposes of this Act, the Com-
mission shall give favorable consideration to programs which establish 
separate State and local agencies to consolidate functions relating to 
product safety and other consumer protection activities. 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1231 
(c) The Commission may obtain from any Federal department or 
agency such statistics, data, program reports, and other materials as 
it may deem necessary to carty out its functions under this Act. Each 
such department or agency may cooperate with the Commission and, 
to the extent permitted by law, furnish such materials to it. The Com-
mission and the heads of other departments and agencies engaged in 
administering programs related to product safety shall, to the maxi-
mum extent practicable, cooperate and consult in order to insure fully 
coordinated efforts. 
(d) The Commission shall, to the maximum extent practicable, 
utilize the resources and facilities of the National Bureau of Stand-
ards, on a reimbursable basis, to perform research and analyses related 
to risks of injury associated with consumer products (including fire 
and flammability risks), to develop test methods, to conduct studies 
and investigations, and to provide technical advice and assistance in 
connection with the f 
unctipns of the Commission. 
Data, availa* 
biUty. 
National Bureau 
of Standards, use 
of facilities. 
TRANSFERS OF FUNCTIONS 
SEC. 30. (a) The functions of the Secretary of Health, Education, 
and Welfare under the Federal Hazardous Substances Act (15 U.S.C. 
1261 et seq.) and the Poison Prevention Packaging Act of 1970 are 
transferred to the Commission. The functions of the Administrator of 
the Environmental Protection Agency and of the Secretary of Health, 
Education, and Welfare under the Acts amended by subsections (b) 
through (f) of section 7 of the Poison Prevention Packaging Act of 
1970, to the extent such functions relate to the administration and 
enforcement of the Poison Prevention Packaging Act of 1970, are 
transferred to the Commission. 
(b) The functions of the Secretary of Health, Education, and Wel-
fare, the Secretary of Commerce, and the Federal Trade Commission 
under the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) are trans-
ferred to the Commission. The functions of the Federal Trade Com-
mission under the Federal Trade Commission Act, to the extent such 
functions relate to the administration and enforcement of the Flam-
mable Fabrics Act, are transferred to the Commission. 
(c) The functions of the Secretary of Commerce and the Federal 
Trade Commission under the Act of August 2, 1956 (15 U.S.C. 1211) 
are transferred to the Commission. 
(d) A risk of injury which is associated with consumer products 
and which could be eliminated or reduced to a sufficient extent by 
action taken under the Federal Hazardous Substances Act, the Poison 
Prevention Packaging Act of 1970, or the Flammable Fabrics Act may 
be regulated by the Commission only in accordance with the provisions 
of those Acts. 
(e) (1) (A) All personnel, property, records, obligations, and com-
mitments, which are used primarily with respect to any function 
transferred under the provisions of subsections (a), (b) and (c) of 
this section shall be transferred to the Commission, except those asso-
ciated with fire and flammability research in the National Bureau of 
Standards, The transfer of personnel pursuant to this paragraph shall 
be without reduction in classification or compensation for one year 
after such transfer, except that the Chairman of the Commission shall 
have full authority to assign personnel during such one-year period 
in order to efficiently carry out functions transferred to the Commis-
sion under this section. 
74 Stat. 372. 
84 Stat. 1670. 
15 u s e 14 71 
note. 
7 u s e 135; 
21 u s e 343, 352, 
362. 
67 Stat. I l l ; 
81 Stat. 568. 
15 u s e 58. 
70 Stat. 953. 
Risk of Injury. 
Personnel, 
property, etc., 
transfer. 
1232 
PUBLIC LAW 92-573-OCT. 27, 1972 
[86 STAT. 
Public Health 
Service 
officer, 
competitive 
status. 
"Function." 
29 u s e 651 
note^ 
42 u s e 2011 
note, 1857 note. 
(B) Any commissioned officer of the Public Health Service who 
upon the day before the effective date of this section, is serving as 
such officer primarily in the performance of functions transferred 
by this Act to the Commission, may, if such officer so elects, acquire 
competitive status and be transferred to a competitive position in the 
Commission subject to subparagraph (A) of this paragraph, under 
the terms prescribed in paragraphs (3) through (8) (A) of section 
15(b) of the Clean Air Amendments of 1970 (84 Stat. 1676; 42 U.S.C. 
215 nt). 
(2) All orders, determinations, rules, regulations, permits, con-
tracts, certificates, licenses, and privileges (A) which have been issued, 
made, granted, or allowed to become effective in the exercise of func-
tions which are transferred under this section by any department or 
agency, any functions of which are transferred by this section, and 
(B) which are in effect at the time this section takes effect, shall con-
tinue in effect according to their terms until modified, terminated, 
superseded, set aside, or repealed by the Commission, by any court of 
competent jurisdiction, or by operation of law. 
(3) The provisions of this section shall not affect any proceedings 
pending at the time this section takes effect before any department or 
agency, functions of which are transferred by this section; except that 
such proceedings, to the extent that they relate to functions so trans-
ferred, shall be continued before the Commission. Orders shall be 
issued in such proceedings, appeals shall be taken therefrom, and pay-
ments shall be made pursuant to such orders, as if this section had not 
been enacted; and orders issued in any such proceedings shall continue 
in effect until modified, terminated, superseded, or repealed by the 
Commission, by a court of competent jurisdiction, or by operation of 
law. 
(4) The provisions of this section shall not affect suits commenced 
prior to the date this section takes effect and in all such suits proceed-
ings shall be had, appeals taken, and judgments rendered, in the same 
manner and effect as if this section had not been enacted; except that 
if before the date on which this section takes effect, any department or 
agency (or officer thereof in his official capacity) is a party to a suit 
involving functions transferred to the Commission, then such suit 
shall be continued by the Commission. No cause of action, and no suit, 
action, or other proceeding, by or against any department or agency 
(or officer thereof in his official capacity) functions of which are trans-
ferred by this section, shall abate by reason of the enactment of this 
section. Causes of actions, suits, actions, or other proceedings may be 
asserted by or against the United States or the Commission as may 
be appropriate and, in any litigation pending when this section takes 
effect, the court may at any time, on its own motion or that of any 
party, enter an order which will give effect to the provisions of this 
paragraph. 
(f) For purposes of this section, (1) the term "function" includes 
power and duty, and (2) the transfer of a function, under any pro-
vision of law, of an agency or the head of a department shall also be 
a transfer of all functions under such law which are exercised by any 
office or officer of such agency or department. 
LIMITATION ON JUEISDICTION 
SEC. 31. The Commission shall have no authority under this Act to 
regulate any risk of injury associated with a consumer product if 
such risk could be eliminated or reduced to a sufficient extent by actions 
taken under the Occupational Safety and Health Act of 1970; the 
Atomic Energy Act of 1954; or the Clean Air Act, The Commission 
shall have no authority under this Act to regulate any risk of injury 
86 STAT. ] 
PUBLIC LAW 92-573-OCT. 27, 1972 
1233 
associated with electronic product radiation emitted from an electronic 
product (as such terms are defined by sections 355 (1) and (2) of the 
Public Health Service Act) if such risk of injury may be subjected to 
82 stat. 1174. 
regulation under subpart 3 of part F of title I I I of the Public Health 
^
^
^ use 263c. 
Service Act. 
42 use 263b. 
AUTHORIZATION OF APPROPRIATIOKS 
SEC. 32. (a) There are hereby authorized to be appropriated for the 
purpose of carrying out the provisions of this Act (other than the 
provisions of section 27 (h) which authorize the planning and construc-
tion of research, development, and testing facilities), and for the pur-
pose of carrying out the functions, powers, and duties transferred to 
the Commission under section 30, not to exceed— 
(1) $55,000,000 for the fiscal year ending June 30, 1973; 
(2) $59,000,000 for the fiscal year ending June 30, 1974; and 
(3) $64,000,000 for the fiscal year ending June 30, 1975. 
(b) (1) There are authorized to be appropriated such sums as may 
be necessary for the planning and construction of research, develop-
ment and testing facilities described in section 27(h); except that no 
Limitation, 
appropriation shall be made for any such planning or construction 
involving an expenditure in excess of $100,000 if such planning or 
construction has not been approved by resolutions adopted in sub-
stantially the same form by the Committee on Interstate and Foreign 
Commerce of the House of Eepresentatives, and by the Committee 
on Commerce of the Senate. For the purpose of securing considera- tr^Ti^tuiTo 
tion of such approval the Commission shall transmit to Congress a Congress. 
prospectus of the proposed facility including (but not limited to)— 
(A) a brief description of the facility to be planned or con-
structed ; 
(B) the location of the facility, and an estimate of the maxi-
mum cost of the facility; 
(C) a statement of those agencies, private and public, which 
will use such facility, together with the contribution to be made 
by each such agency toward the cost of such facility; and 
(D) a statement of justification of the need for such facility. 
(2) The estima-ted maximum cost of any facility approved under 
'^m^^st^^Hmi-''* 
this subsection as set forth in the prospectus may be increased by the tation. 
amount equal to the percentage increase, if any, as determined by the 
Commission, in construction costs, from the date of the transmittal of 
such prosj)ectus to Congress, but in no event shall the increase author-
ized by this paragraph exceed 10 per centum of such estimated maxi-
mum cost. 
SEPARABILITY 
SEC. 33. If any provision of this Act, or the application of such 
provision to any person or circumstance, shall be held invalid, the 
remainder of this Act, or the application of such provisions to persons 
or circumstances other than those as to which it is held invalid, shall 
not be affected thereby. 
EFFECTIVE DATE 
SEC. 34. This Act shall take effect on the sixtieth day following the 
date of its enactment, except— 
(1) sections 4 and 32 shall take effect on the date of enactment 
of this Act, and 
(2) section 30 shall take effect on the later of (A) 150 days after 
the date of enactment of this Act, or (B) the date on which at 
least three members of the Commission fii-st take office. 
Approved October 27, 1972.