Source
(Pub. L. 92–573, § 2, Oct. 27, 1972, 86 Stat. 1207.)
Effective Date of 2008 Amendment
Pub. L. 110–314, title II, § 239(a), Aug. 14, 2008,
122 Stat. 3076, provided that:
“(1) 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 [Aug. 14, 2008].
“(2) Certain delayed effective dates.—The amendments made by sections
103
(c) [amending section
2063 of this title] and 214(a)(2) [amending section
2064 of this title] 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 [section
2089
(c) of this title], 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 section
2066 of this title] shall take effect on the date that is 30 days after the date of enactment of this Act.”
Effective Date
Section 34 of
Pub. L. 92–573 provided that: “This Act [enacting this chapter] shall take effect on the sixtieth day following the date of its enactment [Oct. 27, 1972], except—
“(1) sections
4 and
32 [sections
2053 and
2081 of this title] shall take effect on the date of enactment of this Act [Oct. 27, 1972], and
“(2) section
30 [section
2079 of this title] shall take effect on the later of (A) 150 days after the date of enactment of this Act [Oct. 27, 1972], or (B) the date on which at least three members of the Commission first take office.”
Short Title of 2008 Amendment
Pub. L. 110–314, § 1(a), Aug. 14, 2008,
122 Stat. 3016, provided that: “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 section
1113 of Title
31, Money and Finance, and repealing provisions set out as a note under section
2053 of this title] may be cited as the ‘Consumer Product Safety Improvement Act of 2008’.”
Short Title of 1990 Amendment
Pub. L. 101–608, § 1, Nov. 16, 1990,
104 Stat. 3110, provided that: “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’.”
Short Title of 1981 Amendment
Pub. L. 97–35, title XII, § 1201(a), Aug. 13, 1981,
95 Stat. 703, provided that: “This subtitle [subtitle A (§§ 1201–1215) of title XII of
Pub. L. 97–35, 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 section
2052 of this title] may be cited as the ‘Consumer Product Safety Amendments of 1981’.”
Short Title of 1978 Amendment
Pub. L. 95–319, § 1, July 11, 1978,
92 Stat. 386, provided: “That this Act [enacting section
2082 of this title, amending section
2068 of this title, and enacting provision set out as a note under section
2082 of this title] may be cited as the ‘Emergency Interim Consumer Product Safety Standard Act of 1978’.”
Short Title of 1976 Amendment
Pub. L. 94–284, § 1, May 11, 1976,
90 Stat. 503, provided that: “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 section
1114 of Title
18, 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’.”
Short Title
Section 1 of
Pub. L. 92–573 provided that: “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’.”
Authority To Issue Implementing Regulations
Pub. L. 110–314, § 3, Aug. 14, 2008,
122 Stat. 3017, provided that: “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.”
Severability
Pub. L. 110–314, title II, § 239(b), Aug. 14, 2008,
122 Stat. 3076, provided that: “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.”
Section 33 of
Pub. L. 92–573 provided that: “If any provision of this Act [see Short Title note above], or the application of such provision to any person or circumstances, 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.”
Preemption
Pub. L. 110–314, title II, § 231, Aug. 14, 2008,
122 Stat. 3070, provided that:
“(a) Rule With Regard to Preemption.—The provisions of sections 25 and 26 of the Consumer Product Safety Act (
15 U.S.C.
2074 and
2075, respectively), section 18 of the Federal Hazardous Substances Act ([
Pub. L. 86–613]
15 U.S.C.
1261 note ), section 16 of the Flammable Fabrics Act (
15 U.S.C.
1203), and section 7 of the Poison Packaging Prevention Act of 1970 [Poison Prevention Packaging Act of 1970] (
15 U.S.C.
1476) 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.
“(b) Preservation of Certain State Law.—Nothing in this Act [see Short Title of 2008 Amendment note above] or the Federal Hazardous Substances Act [
15 U.S.C.
1261 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 August 31, 2003.”
Definitions
Pub. L. 110–314, § 2(a), Aug. 14, 2008,
122 Stat. 3017, provided that:
“(a) Defined Terms.—As used in this Act [see Short Title of 2008 Amendment note above]—
“(1) 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
“(2) the term ‘Commission’ means the Consumer Product Safety Commission.”