Consumer Product Safety Commission Improvements Act
PL 94-284 (S.644), enacted 05/11/1976

90 STAT. 508 
PUBLIC LAW 94-284—MAY 11, 1976 
(d) Section 27(c) of such Act (15 U.S.C. 2076(c)) is amended by 
striking out "with the concurrence of the Attorney General" and 
inserting in lieu thereof " (subject to subsection (b)(7))". 
SUBSTANTIAL PRODUCT HAZARD 
SEC. 12. (a) (1) Section 15(d) of the Consumer Product Safety Act 
(15 U.S.C. 2064(d)) is amended by adding at the end the following: 
"An order under this subsection may prohibit the person to whom it 
applies from manufacturing for sale, offering for sale, distributing in 
commerce, or importing into the customs territory of the United States 
(as defined in general headnote 2 to the Tariff Schedules of the United 
77A Stot. 11. 
States), or from doing any combination of such actions, the product 
with respect to which the order was issued.". 
(2) Section 15 of such Act (15 U.S.C. 2064) is amended by adding 
at the end thereof the following new subsection: 
"(g) (1) If the Commission has initiated a proceeding under this 
section for the issuance of an order under subsection (d) with respect 
to a product which the Commission has reason to believe presents a 
substantial product hazard, the Commission (without regard to sec-
15 use 2076. 
tion 27(b)(7)) or the Attorney General may, in accordance with 
15 use 2061. 
section 12(e) (1), apply to a district court of the United States for 
the issuance of a preliminary injunction to restrain the distribution in 
commerce of such product pending the completion of such proceeding. 
If such a preliminary injunction has been issued, the Commission (or 
the Attorney General if the preliminary injunction was issued upon 
an application of the Attorney General) may apply to the issuing court 
for extensions of such preliminary injunction. 
"(2) Any preliminary injunction, and any extension of a prelimi-
nary injunction, issued under this subsection with respect to a product 
shall be in effect for such period as the issuing court prescribes not 
to exceed a period which extends beyond the thirtieth day from 
the date of the issuance of the preliminary injunction (or, in the case 
of a preliminary injunction which has been extended, the date of its 
extension) or the date of the completion or termination of the pro-
ceeding under this section respecting such product, whichever date 
occurs first. 
" (3) The amount in controversy requirement of section 1331 of title 
28, United States Code, does not apply with respect to the jurisdiction 
of a district court of the United States to issue or exend a preliminary 
injunction under this subsection.". 
•(b) Section 19(a) (5) of such Act (15 U.S.C. 2068(a)(5)) is 
amended by (1) striking out "and to" and inserting in lieu thereof 
"to", and (2) inserting ", and to prohibited acts" after "refund", 
(c) Section 22 of such Act (15 U.S.C. 2071) is amended by— 
(1) striking out in subsection (a) all that precedes the second 
sentence of such subsection and inserting in lieu thereof the 
following: 
"(a) The United States district courts shall have jurisdiction to 
take the following action: 
15 use 2068. 
«(1) Restrain any violation of section 19. 
"(2) Restrain anv person from manufacturing for sale, offer-
ing for sale, distributing in commerce, or importinsr into the 
United States a product in violation of an order in effect under 
15 use 2064. 
section 15(d). 
"(3) Restrain any person from distributing in commerce a 
product which does not comply with a consumer product safety 
rule."; and 
PUBLIC LAW 94-284—MAY 11, 1976 
90 STAT. 509 
(2) striking out in subsection (b) all that precedes the second 
sentence of such subsection and inserting in lieu thereof the 
following: 
"(b) Any consumer product— 
"(1) which fails to conform with an applicable consumer 
product safety rule, or 
"(2) the manufacture for sale, offering for sale, distribution 
in commerce, or the importation into the United States of which 
has been prohibited by an order in effect under section 15(d), 15 USC 2064. 
when introduced into or while in commerce or while held for sale 
after shipment in commerce shall be liable to be proceeded against 
on libel of information and condemned in any district court of the 
United States within the jurisdiction of which such consumer product 
is found.". 
PROHIBITED ACTS AND ENFORCEMENT 
SEC. 13. (a) Section 19(a) of the Consumer Product Safety Act 
(15 U.S.C. 2068(a)) is amended by— 
(1) inserting "or fail or refuse to establish or maintain records," 
immediately after "copying of records," in paragraph (3); and 
(2) striking out "or" at the end of paragraph (6), striking out 
the period at the end of paragraph (7) and inserting in lieu 
thereof "; or", and adding after paragraph (7) the following new 
paragraphs: 
"(8) fail to comply with any rule under section 13 (relating to 15 USC 2062. 
prior notice and description of new consumer products); or 
" (9) fail to comply with any rule under section 27 (e) (relating 15 USC 2076. 
to provision of performance and technical data),", 
(b) Section 20(a) (1) of such Act (15 U.S.C. 2069) is amended by 
striking out "or (7)" and inserting in lieu thereof "(7), (8), or (9)". 
CONGRESSIONAL REVIEW OF PROPOSED ADMINISTRATIVE ACTIONS 
OF THE COMMISSION 
SEC. 14. Section 27 of the Consumer Product Safety Act (15 U.S.C. 
2076) is amended by adding at the end thereof the following new 
subsection: 
" (1) (1) Except as provided in paragraph (2)— 
" (A) the Commission shall transmit to the Committee on Com-
merce of the Senate and the Committee on Interstate and Foreign 
Commerce of the House of Representatives each consumer product 
safety rule proposed after the date of the enactment of this sub-
section and each regulation proposed by the Commission after 
such date under section 2 or 3 of the Federal Hazardous Substances 
Act, section 3 of the Poison Prevention Packaging Act of 1970, or 
section 4 of the Flammable Fabrics Act: and 
"(B) no consumer product safety rule and no regulation under 
a section referred to in subparagraph (A) may be adopted by the 
Commission l)efore the thirtieth day after the date the proposed 
rule or regulation upon which such rule or regulation was based 
was transmitted pursuant to subparagraph (A). 
"(2) Paragraph (1) does not apply with respect to a regulation 
under section 2(q) of the Federal Hazardous Substances Act respect-
ing a hazardous substance the distribution of which is found under 
paragraph (2) of such section to present an imminent hazard or a 
regulation under section 3 (e) of such Act respecting a toy or other 
article intended for use by children the distribution of which is found 
under paragraph (2) of such section to present an imminent hazard.". 
Proposed safety 
rules and 
regulations; 
transmittal to 
congressional 
committees. 
15 USC 1261, 
1262, 1472. 
15 USC 1193. 
Children's toys. 
90 STAT. 510 
PUBLIC LAW 94-284—MAY 11, 1976 
INFORMATION 
DISCLOSURE 
TO 
OTHER 
GOVERNMENTAL 
BODIES 
SEC. 15. Section 29 of the Consumer Product Safety Act (15 U.S.C. 
2078) is amended by adding at the end thereof the following new 
subsection: 
"(e) The Commission may provide to another Federal agency or a 
State or local agency or authority engaged in activities relating to 
health, safety, or consumer protection, copies of any accident or inves-
tigation report made under this Act by any officer, employee, or agent 
or the Commission only if (1) information which under section 
15 use 2055. 
6(a) (2) is to be considered confidential is not included in any copy 
of such report which is provided under this subsection; and (2) each 
Federal agency and State and local agency and authority which is 
to receive under this subsection a copy of such report provides assur-
ances satisfactory to the Commission that the identity of any injured 
person and any person who treated an injured person will not, without 
the consent of the person identified, be included in— 
" (A) any copy of any such report, or 
"(B) any information contained in any such report, 
, 
which the agency or authority makes available to any member of the 
public. No Federal agency or State or local agency or authority may 
disclose to the public any information contained in a report received 
by the agency or authority under this subsection unless with respect 
to such information the Commission has complied with the applicable 
requirements of section 6 (b).". 
.C 
JURISDICTION UNDER CONSUMER PRODUCT SAFETY ACT 
SEC. 16. Section 30(d) of the Consumer Product Safety Act (15 
U.S.C. 2079(d)) is amended to read as follows: 
"(d) A risk of injury which is associated with a consumer product 
and which could be eliminated or reduced to a sufficient extent by 
15 use 1261 
action under the Federal Hazardous Substances Act, the Poison 
"^*^- 
Prevention Packaging Act of 1970, or the Flammable Fabrics Act 
t T101 t 
'^^y ^® regulated under this Act only if the Commission by rule finds 
no e, 
no e. 
^j^^^ ^^ -^ ^^ ^^^ public interest to regulate such risk of injury under 
this Act. Such a rule shall identify the risk of injury proposed to be 
regulated under this Act and shall be promulgated in accordance with 
/." 
section 553 of title 5, United States Code; except that the period to be 
provided by the Commission pursuant to subsection (c) of such 
section for the submission of data, views, and arguments respecting the 
rule shall not exceed thirty days from the date of publication pursuant 
to subsection (b) of such section of a notice respecting the rule.". 
EFFECT ON STATE LAW 
15 use 1261 
SEC. 17. (a) Section 18 (b) of the Federal Hazardous Substances Act 
note. 
is amended to read as follows: 
"(b)(1)(A) Except as provided in paragraphs (2) and (3), if a 
hazardous substance or its packaging is subject to a cautionary label-
15 use 1261, 
ing requirement under section 2(p) or 3 (b) designed to protect against 
1262. 
a risk of illness or injury associated with the substance, no State or 
political subdivision of a State may establish or continue in effect a 
cautionary labeling requirement applicable to such substance or 
packaging and designed to protect against the same risk of illness or 
injury unless such cautionary labeling requirement is identical to the 
labeling requirement under section 2 (p) or 3 (b). 
PUBLIC LAW 94-284—MAY 11, 1976 
90 STAT. 511 
"(B) Except as provided in paragraphs (2), (3), and (4), if under 
regulations of the Commission promulgated under or for the enforce-
ment of section 2(q) a requirement is established to protect against a 
risk of illness or injury associated with a hazardous substance, no 
State or political subdivision of a State may establish or continue in 
effect a rec^uirement applicable to such substance and designed to 
protect against the same risk of illness or injury unless such require-
ment is identical to the requirement established under such regulations. 
"(2) The Federal Government and the government of any State 
or political subdivision of a State may establish and continue in effect 
a requirement applicable to a hazardous substance for its own use (or 
to the packaging of such a substance) which requirement is designed 
to protect against a risk of illness or injury associated with such sub-
stance and which is not identical to a requirement described in para-
graph (1) applicable to such substance (or packaging) and designed 
to protect against the same risk of illness or injury if the Federal, 
State, or political subdivision requirement provides a higher degree of 
protection from such risk of illness or injury than the requirement 
described in paragraph (1). 
"(3) (A) Upon application of a State or political subdivision of a 
State, the Commission may, by regulation promulgated in accordance 
with subparagraph (B), exempt from paragraph (1), under such 
conditions as may be prescribed in such regulation, any requirement 
of such State or political subdivision designed to protect against a 
risk of illness or injury associated with a hazardous substance if— 
"(i) compliance with the requirement would not cause the 
hazardous substance (or its packaging) to be in violation of the 
applicable requirement described in paragraph (1), and 
"(ii) the State or political subdivision requirement (I) pro-
vides a significantly higher degree of protection from such risk 
of illness or injury than the requirement described in paragraph 
(1), and (II) does not unduly burden interstate commerce. 
In determining the burden, if any, of a State or political subdivision 
requirement on interstate commerce the Commission shall consider and 
make appropriate (as determined by the Commission in its discretion) 
findings on the technological and economic feasibility of complying 
with such requirement, the cost of complying with such requirement, 
the geographic distribution of the substance to which the requirement 
would apply, the probability of other States or political subdivisions 
applying for an exemption under this paragraph for a similar require-
ment, and the need for a national, uniform requirement under this 
Act for such substance (or its packaging). 
"(B) A regulation under subparagraph (A) granting an exemp-
tion for a requirement of a State or political subdivision of a State 
may be promulgated by the Commission only after it has provided, 
in accordance with section 553(b) of title 5, United States Code, notice 
with respect to the promulgation of the regulation and has provided 
opportunity for the oral presentation of views respecting its 
promulgation. 
"(4) Paragraph (1) (B) does not prohibit a State or a political 
subdivision of a State from establishing or continuing in effect a 
requirement which is designed to protect against a risk of illness or 
injury associated with fireworks devices or components thereof and 
which provides a higher degree of protection from such risk of illness 
or injury than a requirement in effect under a regulation of the 
Commission described in such paragraph. 
15 use 1262. 
Notice; oral 
presentation of 
views. 
89-194 O—78—Dt. 1 
36 
90 STAT. 512 
PUBLIC LAW 94-284—MAY 11, 1976 
'Commission." 
"(5) As used in this subsection, the term 'Commission' means the 
Consumer Product Safety Commission.". 
(b) Section 16 of the Flammable Fabrics Act (15 U.S.C. 1203) is 
amended to read as follows: 
(( 
PREEMPTION 
"SEC. 16. (a) Except as provided in subsections (b) and (c), 
whenever a flammability standard or other regulation for a fabric, 
related material, or product is in effect under this Act, no State or 
P
olitical subdivision of a State may establish or continue in effect a 
ammability standard or other regulation for such fabric, related 
material, or product if the standard or other regulation is designed 
to protect against the same risk of occurrence of fire with respect 
to which the standard or other regulation under this Act is in effect 
unless the State or political subdivision standard or other regulation is 
identical to the Federal standard or other regulation. 
"(b) The Federal Government and the government of any State 
or political subdivision of a State may establish and continue in effect 
a flammability standard or other regulation applicable to a fabric, 
related material, or product for its own use which standard or other 
I'egulation is designed to protect against a risk of occurrence of fire 
with respect to which a flammability standard or other regulation is 
in effect under this Act and which is not identical to such standard or 
other regulation if the Federal, State, or political subdivision standard 
or other regulation provides a higher degree of protection from such 
risk of occurrence of fire than the standard or other regulation in 
effect under this Act. 
"(c) (1) Upon application of a State or political subdivision of a 
State, the Commission may, by regulation promulgated in accordance 
with paragraph (2), exempt from subsection (a), under such condi-
tions as may be prescribed in such regulation, any flammability stand-
ard or other regulation of such State or political subdivision applicable 
to a fabric, related material, or product subject to a standard or other 
regulation in effect under this Act, if— 
"(A) compliance with the State or political subdivision 
requirement would not cause the fabric, related material, or prod-
uct to be in violation of the standard or other regulation in effect 
under this Act, and 
"(B) the State or political subdivision standard or other regu-
lation (i) provides a significantly higher degree of protection 
from the risk of occurrence of fire with respect to which the Fed-
eral standard or other regulation is in effect, and (ii) does not 
unduly burden interstate commerce. 
In determining the burden, if any, of a State or political subdivision 
flammability standard or other regulation on interstate commerce the 
Commission shall consider and make appropriate (as determined by 
the Commission in its discretion) findings on the technological and 
economic feasibility of complying with such flammability standard or 
other regulation, the cost of complying with such flammability stand-
ard or other regulation, the geographic distribution of the fabric, 
related material, or product to which the flammability standard or 
other regulation w^ould apply, the probability of other States or politi-
cal subdivisions applying for an exemption under this subsection for a 
similar flammability standard or other regulation, and the need for a 
national, uniform iflammability standard or other regulation under 
this Act for such fabric, related material, or product. 
PUBLIC LAW 94-284—MAY 11, 1976 
90 STAT. 513 
"(2) A regulation under paragraph (1) granting an exemption for 
a flammability standard or other regulation of a State or political sub-
division of a State may be promulgated by the Commission only after 
it has provided, in accordance with section 553(b) of title 5, United 
States Code, notice with respect to the promulgation of the regulation 
and has provided opportunity for the oral presentation of views 
respecting its promulgation. 
"(d) For purposes of this section— 
"(1) a reference to a flammabilitj;' standard or other regulation 
for a fabric, related material, or product in effect under this Act 
includes a standard of flammability continued in effect by section 
11 of the Act of December 14, 1967 (Public Law 90-189); and 
" (2) the term 'Commission' means the Consumer Product Safety 
Commission.". 
(c) Section 8 of the Poison Prevention Packaging Act of 1970 (15 
U.S.C. 1476) is amended (1) by striking out "Whenever" and inserting 
in lieu thereof "(a) Except as provided in subsections (b) and (c), 
whenever", and (2) by adding at the end thereof the following: 
"(b) The Federal Government and the government of any State or 
political subdivision of a State may establish and continue in effect, 
with respect to a household substance for its own use, a standard for 
special packaging or related requirement which is designed to protect 
against a risk of illness or injury with respect to which a standard 
for special packaging or related requirement is in effect under this 
Act and which is not identical to such standard or requirement if 
the Federal, State, or political subdivision standard or requirement 
provides a higher degree of protection from such risk of illness or 
injury than the standard or requirement in effect under this Act. 
"(c) (1) Upon application of a State or political subdivision of a 
State, the Commission may, by regulation promulgat-ed in accordance 
with paragraph (2), exempt from subsection (a), under such condi-
tions as may be prescribed in such regulation, any standard for special 
packaging or related requirement of such State or political subdivision 
applicable to a household substance subject to a standard or require-
ment in effect under this Act if— 
"(A) compliance with the State or political subdivision stand-
ard or requirement would not cause the household substance to 
be in violation of the standard or requirement in effect under this 
Act, and 
"(B) the State or political subdivision standard or requirement 
(i) provides a significantly higher degree of protection from the 
risk of illness or injury with respect to which the Federal stand-
ard or requirement is in effect, and (ii) does not unduly burden 
interstate commerce. 
In determining the burden, if any, of a State or political subdivision 
standard or requirement on interstate commerce the Commission shall 
consider and make appropriate (as determined by the Commission in 
its discretion) findings on the technological and economic feasibility 
of complying with such standard or requirement, the cost of complying 
with such standard or requirement, the geographic distribution of the 
household substance to which the standard or requirement would 
apply, the probability of other States or political subdivisions applying 
for an exemption under this subsection for a similar standard or 
requirement, and the need for a national, uniform standard or require-
ment under this Act for such household substance. 
"(2) A regulation under paragraph (1) granting an exemption for 
a standard or requirement of a State or political subdivision of a State 
Notice; oral 
presentation of 
views. 
Flammability 
standard or 
regulation. 
15 use 1191 
note. 
"Commission.' 
Notice; oral 
presentation of 
views. 
90 STAT. 514 
PUBLIC LAW 94-284—MAY 11, 1976 
may be promulgated by the Commission only after it has provided, in 
accordance with section 553(b) of title 5, United States Code, notice 
with respect to the promulgation of the regulation and has pro-
vided opportunity for the oral presentation of views respecting its 
promulgation.". 
(d) Subsections (b) and (c) of section 26 of the Consumer Product 
Safety Act (15 U.S.C. 2075) are amended to read as follows: 
"(b) Subsection (a) of this section does not prevent the Federal 
Government or the government of any State or political subdivision of 
a State from establishing or continuing in effect a safety requirement 
applicable to a consumer product for its own use which requirement is 
designed to protect against a risk of injury associated with the product 
and which is not identical to the consumer product safety standard 
applicable to the product under this Act if the Federal, State, or polit-
ical subdivision requirement provides a higher degree of protection 
from such risk of injury than the standard applicable under this Act. 
"(c) Upon application of a State or political subdivision of a State, 
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 in the rule) any proposed 
safety standard or regulation which is described in such application 
and which is designed to protect against a risk of injury associated 
with a. consumer product subject to a consumer product safety standard 
under this Act if the State or political subdivision standard or 
regulation— 
"(1) provides a significantly higher degree of protection from 
such risk of injury than the consumer product safety standard 
under this Act, and 
"(2) does not unduly burden interstate commerce. 
In determining the burden, if any, of a State or political subdivision 
standard or regulation on interstate commerce, the Commission shall 
consider and make appropriate (as determined by the Commission in 
its discretion) findings on the technological and economic feasibility 
of complying with such standard or regulation, the cost of complying 
with such standard or regulation, the geographic distribution of the 
consumer product to which the standard or regulation would apply, 
the probability of other States or political subdivisions applying for 
an exemption under this subsection for a similar standard or regula-
tion, and the need for a national, uniform standard under this Act for 
such consumer product.". 
TITLE 18 PROTECTIOISr 
SEC. 18. Section 1114 of title 18, United States Code, is amended by 
inserting ", the Consumer Product Safety Commission," immediately 
after "Department of Health, Education, and Welfare". 
FLAMMABLE FABRICS ACT ADVISORY COMMITTEE 
SEC. 19. Section 17(a) of the Flammable Fabrics Act (15 U.S.C. 
1204(a)) is amended by inserting after the first sentence the follow-
Membership. 
ing new sentence: "The members of the Committee who are appointed 
to represent manufacturers shall include representatives from (1) the 
natural fiber producing industry, (2) the manmade fiber producing 
industry, and (3) manufacturers of fabrics, related materials, apparel, 
or interior furnishings.". 
PUBLIC LAW 94-284—MAY 11, 1976 
90 STAT. 515 
FLAMMABILITY STANDARDS AND REGULATIONS 
L) (1) Subsection (d) of section 4 of the Flammable Fab-
T.S.C. 1193 (d)) is amended to read as follows: 
SEC. 20. (t 
rics Act (16 U. 
" (d) Standards, regulations, and amendments to standards and reg-
ulations under this section shall be made in accordance with section 
553 of title 5, United States Code, except that interested persons shall 
be given an opportunity for the oral presentation of data, views, or 
arguments in addition to an opportunity to make written submissions. 
A transcript shall be kept of an^ oral presentation.". 
(2) Subsection (e) (3) of section 4 of such Act is amended by adding 
at the end thereof the following: "The standard or regulation shall not 
be affirmed unless the findings required by the first sentence of subsec-
tion (b) are supported by substantial evidence on the record taken 
as a whole. For purposes of this paragraph, the term 'record' means 
the standard or regulation, any notice published with respect to the 
promulgation of such standard or regulation, the transcript required 
by subsection (d) of any oral presentation, any written submission of 
interested parties, and any other information which the Commission 
considers relevant to such standard or regulation.". 
(b) The amendments made by subsection (a) shall apply with 
respect to standards, regulations, and amendments to standards and 
regulations, under section 4 of the Flammable Fabrics Act the pro-
ceedings for the promulgation of which were begun after the date of 
the enactment of this Act. 
Approved May 11, 1976. 
"Record. 
Effective date. 
15 use 1193 
note. 
15 u s e 1193. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-325 accompanying H.R. 6844 (eomm. on Interstate and 
Foreign eommerce) and No. 94-1022 (eomm. of eonference). 
SENATE REPORT No. 94-251 (eomm. on eommerce). 
eONGRESSIONAL REeORD: 
Vol. 121 (1975): July 18, considered and passed Senate. 
July 28, 29, Sept. 24, 26, Oct. 22, considered and passed House, 
amended, in lieu of H.R. 6844. 
Vol. 122 (1976): Apr. 13, House agreed to conference report. 
Apr. 28, Senate agreed to conference report. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS: 
Vol. 12, No. 20 (1976): May 12, Presidential statement.