15 USC 2056b - Mandatory toy safety standards

U.S Code last checked for updates: Nov 26, 2024

§ 2056b.

Mandatory toy safety standards

(a)

In general

(b)

Rulemaking for specific toys, components and risks

(1)

Evaluation

Not later than 1 year after August 14, 2008, the Commission, in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, shall examine and assess the effectiveness of ASTM F963 or its successor standard (except for section 4.2 and Annex 4), as it relates to safety requirements, safety labeling requirements, and test methods related to—

(A)

internal harm or injury hazards caused by the ingestion or inhalation of magnets in children’s products;

(B)

toxic substances;

(C)

toys with spherical ends;

(D)

hemispheric-shaped objects;

(E)

cords, straps, and elastics; and

(F)

battery-operated toys.

(2)

Rulemaking

Within 1 year after the completion of the assessment required by paragraph (1), the Commission shall promulgate rules in accordance with section 553 of title 5 that—

(A)

take into account other children’s product safety rules; and

(B)

are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury of such toys.

(c)

Periodic review

(d)

Consideration of remaining ASTM standards

After promulgating the rules required by subsection (b), the Commission shall—

(1)

in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of ASTM F963 (and alternative health protective requirements to prevent or minimize flammability of children’s products) or its successor standard, and shall assess the adequacy of such standards in protecting children from safety hazards; and

(2)

in accordance with section 553 of title 5, promulgate consumer product safety rules that—

(A)

take into account other children’s product safety rules; and

(B)

are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such toys.

(e)

Prioritization

(f)

Treatment as consumer product safety standards

(g)

Revisions

(h)

Rulemaking to consider exemption from preemption

(1)

Exemption of State law from preemption

Upon application of a State or political subdivision of a State, the Commission shall, after notice and opportunity for oral presentation of views, consider a rulemaking to exempt from the provisions of section 2075(a) of this title (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 children’s product subject to the consumer product safety standards described in subsection (a) or any rule promulgated under this section. The Commission shall grant such an exemption if the State or political subdivision standard or regulation—

(A)

provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard or rule under this section; and

(B)

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 regulation, and the need for a national, uniform standard under this Act for such consumer product.

(2)

Effect of standards on established State laws

(i)

Judicial review

(Pub. L. 110–314, title I, § 106, Aug. 14, 2008, 122 Stat. 3033; Pub. L. 112–28, § 4, Aug. 12, 2011, 125 Stat. 280.)

cite as: 15 USC 2056b