The Congress finds that—
an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce;
complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately;
the public should be protected against unreasonable risks of injury associated with consumer products;
control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers;
existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and
regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this chapter.
The purposes of this chapter are—
to protect the public against unreasonable risks of injury associated with consumer products;
to assist consumers in evaluating the comparative safety of consumer products;
to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and
to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.
Pub. L. 92–573, § 286 Stat. 1207(, , .)
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–314, title II, § 239(a)122 Stat. 3076
In general .—
Except as otherwise specifically provided in this Act [see Short Title of 2008 Amendment note below], this Act and the amendments made by this Act shall take effect on the date of enactment of this Act [].
Certain delayed effective dates .—
section 2063 of this titlesection 2064 of this titlesection 2089(c) of this titlesection 2066 of this titleThe amendments made by sections 103(c) [amending ] and 214(a)(2) [amending ] shall take effect on the date that is 60 days after the date of enactment of this Act. Subsection (c) of section 42 of the Consumer Product Safety Act [], as added by section 232 of this Act, and the amendments made by sections 216 [amending sections 2066 and 2068 of this title] and 223(b) [amending ] shall take effect on the date that is 30 days after the date of enactment of this Act.”
Effective Date
Pub. L. 92–573, § 3486 Stat. 1233
“This Act [enacting this chapter] shall take effect on the sixtieth day following the date of its enactment [], except—“(1) “(2)
, , , provided that:
sections 4 and 32 [sections 2053 and 2081 of this title] shall take effect on the date of enactment of this Act [], and
section 2079 of this title 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 first take office.”
Short Title of 2022 Amendment
Pub. L. 117–171, § 1136 Stat. 2094
section 2056e of this titlesection 2056e of this title“This Act [enacting and provisions set out as notes under ] may be cited as ‘Reese’s Law’.”
, , , provided that:
Pub. L. 117–126, § 1136 Stat. 1208
“This Act [enacting sections 2057d and 2057e of this title] may be cited as the ‘Safe Sleep for Babies Act of 2021’.”
, , , provided that:
Pub. L. 117–103, div. Q, title II, § 201136 Stat. 812
section 2090 of this titlesection 2090 of this title“This title [enacting and provisions set out as notes under ] may be cited as the ‘Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2022’.”
, , , provided that:
Short Title of 2013 Amendment
Pub. L. 112–266, § 1126 Stat. 2437
section 2056c of this titlesection 2056c of this title“This Act [enacting and provisions set out as notes under ] may be cited as the ‘Drywall Safety Act of 2012’.”
, , , provided that:
Short Title of 2008 Amendment
Pub. L. 110–314, § 1(a)122 Stat. 3016
section 1113 of Title 31section 2053 of this title“This Act [enacting sections 1278a, 1477, 2053a, 2055a, 2056a, 2056b, 2057c, 2076b, 2086 to 2089, and 8008 of this title, amending sections 1191, 1193, 1194, 1196, 1201 to 1204, 1261 to 1266, 1269 to 1276, 1278, 1472, 2052, 2054, 2055, 2058, 2060, 2063 to 2070, 2073, 2076, 2077 to 2079, 2081, 2082, 8002, and 8003 of this title, enacting provisions set out as notes under this section and sections 1194, 2053, 2060, 2063, 2066, 2069, and 2076 of this title, amending provisions set out as notes under sections 401 and 1261 of this title and , Money and Finance, and repealing provisions set out as a note under ] may be cited as the ‘Consumer Product Safety Improvement Act of 2008’.”
, , , provided that:
Short Title of 1990 Amendment
Pub. L. 101–608, § 1104 Stat. 3110
“This Act [enacting sections 2076a and 2084 of this title, amending sections 1193, 1194, 1262, 1274, 2053, 2055, 2056, 2058, 2061, 2064, 2066, 2069, 2077, and 2081 of this title, and enacting provisions set out as notes under sections 2053, 2054, 2056, 2076, and 2084 of this title] may be cited as the ‘Consumer Product Safety Improvement Act of 1990’.”
, , , provided that:
Short Title of 1981 Amendment
Pub. L. 97–35, title XII, § 1201(a)95 Stat. 703
Pub. L. 97–35section 2052 of this title“This subtitle [subtitle A (§§ 1201–1215) of title XII of , enacting sections 1204, 1276, 2077, and 2083 of this title, amending sections 1193, 1201, 1262, 1263, 1274, 2052, 2054 to 2058, 2060, 2061, 2064, 2069, 2072, 2073, 2076, 2080, and 2081 of this title, repealing sections 1204, 1475, 2059, 2062, and 2077 of this title, and enacting provisions set out as a note under ] may be cited as the ‘Consumer Product Safety Amendments of 1981’.”
, , , provided that:
Short Title of 1978 Amendment
Pub. L. 95–319, § 192 Stat. 386
section 2082 of this titlesection 2068 of this titlesection 2082 of this title“That this Act [enacting , amending , and enacting provision set out as a note under ] may be cited as the ‘Emergency Interim Consumer Product Safety Standard Act of 1978’.”
, , , provided:
Short Title of 1976 Amendment
Pub. L. 94–284, § 190 Stat. 503
section 1114 of Title 18“This Act [amending sections 1193, 1203, 1204, 1261, 1471, 1476, 2052, 2053, 2056, 2058 to 2060, 2064, 2068, 2069, 2071 to 2073, 2075, 2076, 2078, 2079, and 2081 of this title, and , Crimes and Criminal Procedure, and enacting provisions set out as notes under sections 1193, 1261, and 2080 of this title] may be cited as the ‘Consumer Product Safety Commission Improvements Act of 1976’.”
, , , provided that:
Short Title
Pub. L. 92–573, § 186 Stat. 1207
“This Act [enacting this chapter, amending sections 5314 and 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under this section] may be cited as the ‘Consumer Product Safety Act’.”
, , , provided that:
Authority To Issue Implementing Regulations
Pub. L. 110–314, § 3122 Stat. 3017
“The Commission may issue regulations, as necessary, to implement this Act [see Short Title of 2008 Amendment note above] and the amendments made by this Act.”
, , , provided that:
Severability
Pub. L. 110–314, title II, § 239(b)122 Stat. 3076
“If any provision of this Act [see Short Title of 2008 Amendment note above] or the amendments made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.”
, , , provided that:
Pub. L. 92–573, § 3386 Stat. 1233
“If any provision of this Act [see Short Title note above], 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.”
, , , provided that:
Preemption
Pub. L. 110–314, title II, § 231122 Stat. 3070
Rule With Regard to Preemption .—
15 U.S.C. 2074Pub. L. 86–61315 U.S.C. 126115 U.S.C. 120315 U.S.C. 1476The provisions of sections 25 and 26 of the Consumer Product Safety Act ( and 2075, respectively), section 18 of the Federal Hazardous Substances Act ([] note), section 16 of the Flammable Fabrics Act (), and section 7 of the Poison Packaging Prevention Act of 1970 [Poison Prevention Packaging Act of 1970] () establishing the extent to which those Acts preempt, limit, or otherwise affect any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law may not be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation thereunder, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation. In accordance with the provisions of those Acts, the Commission may not construe any such Act as preempting any cause of action under State or local common law or State statutory law regarding damage claims.
Preservation of Certain State Law .—
15 U.S.C. 1261Nothing in this Act [see Short Title of 2008 Amendment note above] or the Federal Hazardous Substances Act [ et seq.] shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on .”
Definitions
Pub. L. 110–314, § 2(a)122 Stat. 3017
Defined Terms .—
As used in this Act [see Short Title of 2008 Amendment note above]—
the term ‘appropriate Congressional committees’ means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and
the term ‘Commission’ means the Consumer Product Safety Commission.”