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Consumer Product Safety Act
15 U.S.C. Section 2075
§ 2075. State standards
(a) State compliance to Federal standards
Whenever a consumer product safety standard under this chapter is in
effect and applies to a risk of injury associated with a consumer product, no State or
political subdivision of a State shall have any authority either to establish or to
continue in effect any provision of a safety standard or regulation which prescribes any
requirements as to the performance, composition, contents, design, finish, construction,
packaging, or labeling of such product which are designed to deal with the same risk of
injury associated with such consumer product, unless such requirements are identical to
the requirements of the Federal standard.
(b) Consumer product safety requirements which impose performance
standards more stringent than Federal standards
Subsection (a) of this section does not prevent the Federal
Government or the government of any State or political subdivision of a State from
establishing or continuing in effect a safety requirement applicable to a consumer product
for its own use which requirement is designed to protect against a risk of injury
associated with the product and which is not identical to the consumer product safety
standard applicable to the product under this chapter if the Federal, State, or political
subdivision requirement provides a higher degree of protection from such risk of injury
than the standard applicable under this chapter.
(c) Exemptions
Upon application of a State or political subdivision of a State, the
Commission may by rule, after notice and opportunity for oral presentation of views,
exempt from the provisions of subsection (a) of this section (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 consumer product subject to a consumer product safety standard under this chapter if the
State or political subdivision standard or regulation:
(1) provides a significantly higher degree of protection from such
risk of injury than the consumer product safety standard under this chapter, and
(2) 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 chapter for such consumer product.
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