15 USC 2052 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 2052.

Definitions

(a)

In general

In this chapter:

(1)

Appropriate Congressional committees

(2)

Children’s product

The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:

(A)

A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.

(B)

Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.

(C)

Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

(D)

The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

(3)

Commerce

The term “commerce” means trade, traffic, commerce, or transportation—

(A)

between a place in a State and any place outside thereof, or

(B)

which affects trade, traffic, commerce, or transportation described in subparagraph (A).

(4)

Commission

(5)

Consumer product

The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include—

(A)

any article which is not customarily produced or distributed 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 by section 30102(a)(6) and (7) of title 49 1

 See References in Text note below.

(D)

pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]),

(E)

any article which, if sold by the manufacturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181] (determined without regard to any exemptions from such tax provided 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 defined in section 40102(a) of title 49),

(G)

boats which could be subjected to safety regulation under chapter 43 of title 46; vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation 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 2101(1) of title 46) to the extent that a risk of injury associated 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, and Cosmetic Act [21 U.S.C. 321(g), (h), and (i)]), or

(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 [21 U.S.C. 321(f)], including poultry and poultry products (as defined in sections 4(e) and (f) of the Poultry Products Inspection Act [21 U.S.C. 453(e) and (f)]), meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and eggs and egg products (as defined in section 4 of the Egg Products Inspection Act [21 U.S.C. 1033]).

Such term includes any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, which is customarily controlled or directed by an individual who is employed for that purpose and who is not a consumer with respect to such device, and which is not permanently fixed to a site. Such term does not include such a device which is permanently fixed to a site. Except for the regulation under this chapter or the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.] of fireworks devices or any substance intended for use as a component of any such device, the Commission shall have no authority under the functions transferred pursuant to section 2079 of this title to regulate any product or article described in subparagraph (E) of this paragraph or described, without regard to quantity, in section 845(a)(5) of title 18. See sections 2079(d) ¹ and 2080 of this title, for other limitations on Commission’s authority to regulate certain consumer products.

(6)

Consumer product safety rule

(7)

Distribute in commerce; distribution in commerce

(8)

Distributor

(9)

Import; importation

(10)

Manufactured

(11)

Manufacturer

(12)

Private labeler

(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.

(13)

Retailer

(14)

Risk of injury

(15)

State

(16)

Third-party logistics provider

(17)

United States

(b)

Common carriers, contract carriers, third-party logistics provider, and freight forwarders

(Pub. L. 92–573, § 3, Oct. 27, 1972, 86 Stat. 1208; Pub. L. 94–284, § 3(b), (d), May 11, 1976, 90 Stat. 503; Pub. L. 97–35, title XII, § 1213, Aug. 13, 1981, 95 Stat. 724; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 110–314, title II, § 235(a)–(c)(1), Aug. 14, 2008, 122 Stat. 3074.)

cite as: 15 USC 2052