U.S Code last checked for updates: Apr 29, 2024
All TitlesTitle 15Chapter 47
§ 2056f.
Consumer product safety standard to protect against tip-over of clothing storage units
(a)
Clothing storage unit defined
(b)
CPSC determination of scope
(c)
Consumer product safety standard required
(1)
In general
Except as provided in subsection (f)(1), not later than 1 year after December 29, 2022, the Consumer Product Safety Commission shall—
(A)
in consultation with representatives of consumer groups, clothing storage unit manufacturers, craft or handmade furniture manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for clothing storage units; and
(B)
in accordance with section 553 of title 5 and paragraph (2), promulgate a final consumer product safety standard for clothing storage units to protect children from tip-over-related death or injury, that shall take effect 180 days after the date of promulgation or such a later date as the Commission determines appropriate.
(2)
Requirements
The standard promulgated under paragraph (1) shall protect children from tip-over-related death or injury with—
(A)
tests that simulate the weight of children up to 60 pounds;
(B)
objective, repeatable, reproducible, and measurable tests or series of tests that simulate real-world use and account for impacts on clothing storage unit stability that may result from placement on carpeted surfaces, drawers with items in them, multiple open drawers, and dynamic force;
(C)
testing of all clothing storage units, including those 27 inches and above in height; and
(D)
warning requirements based on ASTM F2057–19, or its successor at the time of enactment, provided that the Consumer Product Safety Commission may strengthen the warning requirements of ASTM F2057–19, or its successor, if reasonably necessary to protect children from tip-over-related death or injury.
(3)
Testing clarification
(4)
Treatment of standard
(d)
Adoption of voluntary standard
(1)
In general
(2)
Requirements
The requirements of this paragraph with respect to a voluntary standard for clothing storage units are that such standard—
(A)
protects children up to 72 months of age from tip-over-related death or injury;
(B)
meets the requirements described in subsection (c)(2);
(C)
is, or will be, published not later than 60 days after December 29, 2022; and
(D)
is developed by ASTM International or such other standard development organization that the Commission determines is in compliance with the intent of this section.
(3)
Notice required to be published in the Federal Register
(e)
Revision of voluntary standard
(1)
Notice to commission
(2)
Treatment of revision
(f)
Subsequent rulemaking
(1)
In general
(2)
Petition for revision of rule
(A)
In general
If the Commission receives a petition for a new or revised test that permits incorporated safety features (excluding tip restraints) to work as intended, if the features cannot be overridden by consumers in normal use and provide an equivalent or greater level of safety as the tests developed under subsection (c)(2) or the performance requirements described in subsection (d)(2)(B), as applicable, the Commission shall determine within 120 days—
(i)
whether the petition meets the requirements for petitions set forth in section 1051.5 of title 16, Code of Federal Regulations, or any successor regulation implementing section 2058(i) of this title; and
(ii)
whether the petition demonstrates that the test could reasonably meet the requirements of subsection (c)(2)(B), and if so, the Commission shall determine by recorded vote, within 60 days after the determination, whether to initiate rulemaking, in accordance with section 553 of title 5, to revise a consumer product safety standard promulgated under this section to include the new or revised test.
(B)
Demonstration of compliance
(3)
Treatment of rules
(Pub. L. 117–328, div. BB, title II, § 201, Dec. 29, 2022, 136 Stat. 5552.)
cite as: 15 USC 2056f
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