1. U.S. Code
  2. title 15
  3. chapter 25
  4. § 1192

Collapse to view only § 1192. Prohibited transactions

§ 1191. Definitions
As used in this chapter—
(a) The term “person” means an individual, partnership, corporation, association, or any other form of business enterprise.
(b) The term “commerce” means commerce among the several States or with foreign nations or in any territory of the United States or in the District of Columbia or between any such territory and another, or between any such territory and any State or foreign nation, or between the District of Columbia or the Commonwealth of Puerto Rico and any State or territory or foreign nation, or between the Commonwealth of Puerto Rico and any State or territory or foreign nation or the District of Columbia.
(c) The term “territory” includes the insular possessions of the United States and also any territory of the United States.
(d) The term “article of wearing apparel” means any costume or article of clothing worn or intended to be worn by individuals.
(e) The term “interior furnishing” means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used, in homes, offices, or other places of assembly or accommodation.
(f) The term “fabric” means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used, in any product as defined in subsection (h).
(g) The term “related material” means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subsection (h).
(h) The term “product” means any article of wearing apparel or interior furnishing.
(i) The term “Commission” means the Consumer Product Safety Commission.
(j) The term “Federal Trade Commission Act” means the Act of Congress entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes”, approved September 26, 1914, as amended [15 U.S.C. 41 et seq.].
(June 30, 1953, ch. 164, § 2, 67 Stat. 111; Pub. L. 90–189, § 1, Dec. 14, 1967, 81 Stat. 568; Pub. L. 110–314, title II, § 204(c)(2)(A), Aug. 14, 2008, 122 Stat. 3042.)

CITE AS: 15 USC 1191

§ 1192. Prohibited transactions
(a) Nonconforming products
(b) Nonconforming components
(June 30, 1953, ch. 164, § 3, 67 Stat. 111; Pub. L. 90–189, § 2, Dec. 14, 1967, 81 Stat. 568.)

CITE AS: 15 USC 1192

§ 1193. Flammability standards or regulations
(a) Proceedings by Commission for determination
(b) Necessary findings; effective date; exemptions
(c) Collection of information by Commission; confidential status of trade secrets and related information; disclosure of confidential information
(d) Applicability of section 553 of title 5; oral presentation
(e) Judicial review; additional information before Commission; applicability of sections 701 to 706 of title 5; finality of judgment; survival of action
(1) Any person who will be adversely affected by any such standard or regulation or amendment thereto when it is effective may at any time prior to the sixtieth day after such standard or regulation or amendment thereto is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by him 1
1 So in original. Probably should be “it”.
for that purpose. The Commission thereupon shall file in the court the record of the proceedings on which the Commission based the standard or regulation, as provided in section 2112 of title 28.
(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Commission, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, and its recommendations, if any, for the modification or setting aside of its original standard or regulation or amendment thereto, with the return of such additional evidence.
(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the standard or regulation in accordance with chapter 7 of title 5 and to grant appropriate relief as provided in such chapter. The standard or regulation shall not be affirmed unless the findings required by the first sentence of subsection (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.
(4) The judgment of the court affirming or setting aside, in whole or in part, any such standard or regulation of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(5) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.
(f) Transcript of proceedings
(g) Promulgation of regulation; commencement of proceeding; publication of prescribed notice of proposed rulemakingA proceeding for the promulgation of a regulation under this section for a fabric, related material, or product may be commenced by a notice of proposed rulemaking or by the publication in the Federal Register of an advance notice of proposed rulemaking which shall—
(1) identify the fabric, related material, or product and the nature of the risk of injury associated with the fabric, related material, or product;
(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary standards);
(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1);
(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk;
(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed regulation.2
2 So in original. Probably should be “regulation; and”.
(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard.
The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(h) Voluntary standard; publication as proposed regulation; prerequisites for reliance by Commission
(1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (g)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a regulation, would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (g)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed regulation under this section.
(2) If the Commission determines that—
(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (g)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and
(B) it is likely that there will be substantial compliance with such standard,
the Commission shall terminate any proceeding to promulgate a regulation respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.
(3) The Commission shall devise procedures to monitor compliance with any voluntary standards—
(A) upon which the Commission has relied under paragraph (2) of this subsection;
(B) which were developed with the participation of the Commission; or
(C) whose development the Commission has monitored.
(i) Publication of proposed rule by Commission; preliminary regulatory analysis; contents; transmission of notice by Commission to CommitteesNo regulation may be proposed by the Commission under this section unless the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing—
(1) a preliminary description of the potential benefits and potential costs of the proposed regulation, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs;
(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (g)(5) was not published by the Commission as the proposed regulation or part of the proposed regulation;
(3) a discussion of the reasons for the Commission’s preliminary determination that efforts proposed under subsection (g)(6) and assisted by the Commission as required by section 2054(a)(3) of this title would not, within a reasonable period of time, be likely to result in the development of a voluntary standard that would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (g)(1); and
(4) a description of any reasonable alternatives to the proposed regulation, together with a summary description of their potential costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed regulation.
The Commission shall transmit such notice within 10 calendar days to the appropriate Congressional committees. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed regulation.
(j) Final regulatory analysis; contents; publication; judicial review of regulation
(1) The Commission shall not promulgate a regulation under this section unless it has prepared a final regulatory analysis of the regulation containing the following information:
(A) A description of the potential benefits and potential costs of the regulation, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs.
(B) A description of any alternatives to the final regulation which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen.
(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues.
The Commission shall publish its final regulatory analysis with the regulation.
(2) The Commission shall not promulgate a regulation under this section unless it finds (and includes such finding in the regulation)—
(A) in the case of a regulation which relates to a risk of injury with respect to which persons who would be subject to such regulation have adopted and implemented a voluntary standard, that—
(i) compliance with such voluntary standard is not likely to result in the elimination or adequate reduction of such risk of injury; or
(ii) it is unlikely that there will be substantial compliance with such voluntary standard;
(B) that the benefits expected from the regulation bear a reasonable relationship to its costs; and
(C) that the regulation imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the regulation is being promulgated.
(3)
(A) Any regulatory analysis prepared under subsection (i) or paragraph (1) shall not be subject to independent judicial review, except that when an action for judicial review of a regulation is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review.
(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission.
(k) Petition to initiate rulemaking
(June 30, 1953, ch. 164, § 4, 67 Stat. 112; Aug. 23, 1954, ch. 833, 68 Stat. 770; Pub. L. 90–189, § 3, Dec. 14, 1967, 81 Stat. 569; Pub. L. 94–284, § 20(a), May 11, 1976, 90 Stat. 515; Pub. L. 97–35, title XII, § 1203(b)(2), Aug. 13, 1981, 95 Stat. 711; Pub. L. 101–608, title I, §§ 107(c), 108(c), 110(c), Nov. 16, 1990, 104 Stat. 3112–3114; Pub. L. 110–314, title II, § 204(c)(1), (2)(B)–(E), Aug. 14, 2008, 122 Stat. 3042.)

CITE AS: 15 USC 1193

§ 1194. Administration and enforcement
(a) Enforcement under Federal Trade Commission Act provisions; civil action to enforce standard or regulation
(b) Application of Federal Trade Commission Act provisions
(c) Rules and regulations
(d) Inspection and analysis of products; cooperation with other governmental entitiesThe Commission is authorized to—
(1) cause inspections, analyses, tests, and examinations to be made of any product, fabric or related material which it has reason to believe falls within the prohibitions of this chapter; and
(2) cooperate on matters related to the purposes of this chapter with any department or agency of the Government; with any State or territory or with the District of Columbia or the Commonwealth of Puerto Rico; or with any department, agency, or political subdivision thereof; or with any person.
(e) Penalties
(1) Any person who knowingly violates a regulation or standard under section 1193 of this title shall be subject to a civil penalty not to exceed $100,000 for each such violation, except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations.
(2) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of a regulation or standard under section 1193 of this title, the Commission shall consider the nature, circumstances, extent, and gravity of the violations, the severity of the risk of injury, the occurrence or absence of injury, the appropriateness of such penalty in relation to the size of the business of the person charged, and such other factors as appropriate.
(3) Any civil penalty under this subsection may be compromised by the Commission. In determining the amount of such penalty or whether it should be remitted or mitigated, and in what amount, the Commission shall consider the nature, circumstances, extent, and gravity of the violations, the appropriateness of such penalty to the size of the business of the persons charged, the severity of the risk of injury, and 
(4) As used in paragraph (1), the term “knowingly” means (A) having actual knowledge, or (B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations.
(5)
(A) The maximum penalty amounts authorized in paragraph (1) shall be adjusted for inflation as provided in this paragraph.
(B) Not later than December 1, 2011, and December 1 of each fifth calendar year thereafter, the Commission shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication.
(C) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts referred to in paragraph (1) by the cost-of-living adjustment for the preceding five years. Any increase determined under the preceding sentence shall be rounded to—
(i) in the case of penalties greater than $1,000 but less than or equal to $10,000, the nearest multiple of $1,000;
(ii) in the case of penalties greater than $10,000 but less than or equal to $100,000, the nearest multiple of $5,000;
(iii) in the case of penalties greater than $100,000 but less than or equal to $200,000, the nearest multiple of $10,000; and
(iv) in the case of penalties greater than $200,000, the nearest multiple of $25,000.
(D) For purposes of this subsection:
(i) The term “Consumer Price Index” means the Consumer Price Index for all-urban consumers published by the Department of Labor.
(ii) The term “cost-of-living adjustment for the preceding five years” means the percentage by which—(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.
(June 30, 1953, ch. 164, § 5, 67 Stat. 112; Pub. L. 90–189, § 4, Dec. 14, 1967, 81 Stat. 570; Pub. L. 101–608, title I, §§ 115(c), 118(b), Nov. 16, 1990, 104 Stat. 3120, 3122; Pub. L. 110–314, title II, § 217(a)(3), (b)(1)(C), Aug. 14, 2008, 122 Stat. 3058, 3059.)

CITE AS: 15 USC 1194

§ 1195. Injunction and condemnation proceedings
(a) Temporary injunction; venue
(b) Process of libel for seizure and confiscation; manner of procedure; consolidation of trials
(c) Application by defendant for representative sample of seized materials
(d) Disposal of condemned materials
(June 30, 1953, ch. 164, § 6, 67 Stat. 113; Pub. L. 90–189, § 5, Dec. 14, 1967, 81 Stat. 571.)

CITE AS: 15 USC 1195

§ 1196. Penalties
Violation of section 1192 or 1197(b) of this title, or failure to comply with section 1202(c) of this title, is punishable by—
(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;
(2) a fine determined under section 3571 of title 18; or
(3) both.
(June 30, 1953, ch. 164, § 7, 67 Stat. 114; Pub. L. 95–631, § 8(b), Nov. 10, 1978, 92 Stat. 3747; Pub. L. 110–314, title II, § 217(c)(4), Aug. 14, 2008, 122 Stat. 3060.)

CITE AS: 15 USC 1196

§ 1197. Guaranties
(a) Defense to prosecution
(b) False guaranty
(June 30, 1953, ch. 164, § 8, 67 Stat. 114; Pub. L. 90–189, § 6, Dec. 14, 1967, 81 Stat. 572.)

CITE AS: 15 USC 1197

§ 1198. Shipments from foreign countries; demand for redelivery; claim for liquidated damages

An imported product, fabric, or related material to which flammability standards under this chapter are applicable shall not be delivered from customs custody except as provided in section 1499 of title 19

(June 30, 1953, ch. 164, § 9, 67 Stat. 114; Pub. L. 90–189, § 7, Dec. 14, 1967, 81 Stat. 572.)

CITE AS: 15 USC 1198

§ 1199. Chapter as additional legislation

The provisions of this chapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other law. If any provision of this chapter or the application thereof to any person or circumstances is held invalid the remainder of the chapter and the application of such provisions to any other person or circumstances shall not be affected thereby.

(June 30, 1953, ch. 164, § 10, 67 Stat. 115.)

CITE AS: 15 USC 1199

§ 1200. Persons excluded from operation of chapter

The provisions of this chapter shall not apply (a) to any common carrier, contract carrier, or freight forwarder in transporting a product, fabric, or related material shipped or delivered for shipment into commerce in the ordinary course of its business; (b) to any converter, processor, or finisher in performing a contract or commission service for the account of a person subject to the provisions of this chapter: Provided, That said converter, processor, or finisher does not cause any product, fabric, or related material to become subject to this chapter contrary to the terms of the contract or commission service; or (c) to any product, fabric, or related material shipped or delivered for shipment into commerce for the purpose of finishing or processing such product, fabric, or related material so that it conforms with applicable flammability standards issued or amended under the provisions of section 1193 of this title.

(June 30, 1953, ch. 164, § 11, 67 Stat. 115; Pub. L. 90–189, § 8, Dec. 14, 1967, 81 Stat. 573.)

CITE AS: 15 USC 1200

§ 1201. Study and investigation; research, development and training
(a) The Consumer Product Safety Commission shall conduct a continuing study and investigation of the deaths, injuries, and economic losses resulting from accidental burning of products, fabrics, or related materials.
(b) In cooperation with appropriate public and private agencies, the Commission is authorized to—
(1) conduct research into the flammability of products, fabrics, and materials;
(2) conduct feasibility studies on reduction of flammability of products, fabrics, and materials;
(3) develop flammability test methods and testing devices; and
(4) offer appropriate training in the use of flammability test methods and testing devices.
(June 30, 1953, ch. 164, § 14, as added Pub. L. 90–189, § 10, Dec. 14, 1967, 81 Stat. 573; amended Pub. L. 92–573, § 30(b), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 96–470, title I, § 114, Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97–35, title XII, § 1211(e), Aug. 13, 1981, 95 Stat. 721; Pub. L. 110–314, title II, § 204(c)(2)(B), Aug. 14, 2008, 122 Stat. 3042.)

CITE AS: 15 USC 1201

§ 1202. Exemptions
(a) Exports; risk of injury to residents of United States
(b) Imports intended for export; risk of injury to residents of United States
(c) Statement of exportation: filing period, information; notification of foreign country; petition for minimum filing period; good cause
(d) Authority to prohibit exports
(e) Export pursuant to section 2066(e)
(June 30, 1953, ch. 164, § 15, as added Pub. L. 90–189, § 10, Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 95–631, § 8(a), Nov. 10, 1978, 92 Stat. 3746; Pub. L. 110–314, title II, §§ 204(c)(2)(F), 221(b), Aug. 14, 2008, 122 Stat. 3042, 3066.)

CITE AS: 15 USC 1202

§ 1203. Preemption of Federal standards
(a) Standards or regulations designed to protect against same risk as State standards or regulations; identical State standards
(b) State standards or regulations which afford a higher degree of protection
(c) Exemption for State standards or regulations; requirements; determination of burden on interstate commerce; notice and hearing
(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 conditions as may be prescribed in such regulation, any flammability standard 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 chapter, if—
(A) compliance with the State or political subdivision requirement would not cause the fabric, related material, or product to be in violation of the standard or other regulation in effect under this chapter, and
(B) the State or political subdivision standard or other regulation (i) provides a significantly higher degree of protection from the risk of occurrence of fire with respect to which the Federal 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 standard or other regulation, the geographic distribution of the fabric, related material, or product to which the flammability standard or other regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar flammability standard or other regulation, and the need for a national, uniform flammability standard or other regulation under this chapter for such fabric, related material, or product.
(2) A regulation under paragraph (1) granting an exemption for a flammability standard or other regulation 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, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation.
(d) Flammability standards or regulations
(June 30, 1953, ch. 164, § 16, as added Pub. L. 90–189, § 10, Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 94–284, § 17(b), May 11, 1976, 90 Stat. 512; Pub. L. 110–314, title II, § 204(c)(2)(G), Aug. 14, 2008, 122 Stat. 3043

CITE AS: 15 USC 1203

§ 1204. Congressional veto of flammability regulations
(a) Transmission to Congress
(b) Disapproval by concurrent resolution
Any regulation specified in subsection (a) shall not take effect if—
(1) within the ninety calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): “That the Congress disapproves the flammability regulation which was promulgated under the Flammable Fabrics Act by the Consumer Product Safety Commission with respect to            and which was transmitted to the Congress on            and disapproves the regulation for the following reasons:           .”; or
(2) within the sixty calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the thirty calendar days of continuous session of the Congress which occur after the date of such transmittal.
(c) Presumptions from Congressional action or in­action
(d) Continuous session of Congress
For purposes of this section—
(1) continuity of session is broken only by an adjournment of the Congress sine die; and
(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b).
(June 30, 1953, ch. 164, § 17, as added Pub. L. 97–35, title XII, § 1207(d), Aug. 13, 1981, 95 Stat. 719; amended Pub. L. 110–314, title II, § 204(c)(2)(C), (H), Aug. 14, 2008, 122 Stat. 3042, 3043.)

CITE AS: 15 USC 1204