15 USC 2080 - Limitations on jurisdiction of Consumer Product Safety Commission

U.S Code last checked for updates: Apr 29, 2024

§ 2080.

Limitations on jurisdiction of Consumer Product Safety Commission

(a)

Authority to regulate

(b)

Certain notices of proposed rulemaking; duties of Chronic Hazard Advisory Panel

(1)

The Commission may not issue—

(A)

an advance notice of proposed rulemaking for a consumer product safety rule,

(B)

a notice of proposed rulemaking for a rule under section 2076(e) of this title, or

(C)

an advance notice of proposed rulemaking for regulations under section 1261(q)(1) of this title,

relating to a risk of cancer, birth defects, or gene mutations from a consumer product unless a Chronic Hazard Advisory Panel, established under section 2077 of this title, has, in accordance with paragraph (2), submitted a report to the Commission with respect to whether a substance contained in such product is a carcinogen, mutagen, or teratogen.

(2)

(A)

Before the Commission issues an advance notice of proposed rulemaking for—

(i)

a consumer product safety rule,

(ii)

a rule under section 2076(e) of this title, or

(iii)

a regulation under section 1261(q)(1) of this title,

relating to a risk of cancer, birth defects, or gene mutations from a consumer product, the Commission shall request the Panel to review the scientific data and other relevant information relating to such risk to determine if any substance in the product is a carcinogen, mutagen, or a teratogen and to report its determination to the Commission.

(B)

When the Commission appoints a Panel, the Panel shall convene within 30 days after the date the final appointment is made to the Panel. The Panel shall report its determination to the Commission not later than 120 days after the date the Panel is convened or, if the Panel requests additional time, within a time period specified by the Commission. If the determination reported to the Commission states that a substance in a product is a carcinogen, mutagen, or a teratogen, the Panel shall include in its report an estimate, if such an estimate is feasible, of the probable harm to human health that will result from exposure to the substance.

(C)

A Panel appointed under section 2077 of this title shall terminate when it has submitted its report unless the Commission extends the existence of the Panel.

(D)

Chapter 10 of title 5 shall not apply with respect to any Panel established under this section.

(c)

Panel report; incorporation into advance notice and final rule

(Pub. L. 92–573, § 31, Oct. 27, 1972, 86 Stat. 1232; Pub. L. 97–35, title XII, § 1206(b), Aug. 13, 1981, 95 Stat. 717; Pub. L. 97–414, § 9(j)(5), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 117–286, § 4(a)(67), Dec. 27, 2022, 136 Stat. 4313.)

cite as: 15 USC 2080