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Consumer Product Safety Act
15 U.S.C. Section 2080
§ 2080. Limitations on jurisdiction of Consumer Product Safety
Commission
(a) Authority to regulate
The Commission shall have no authority under this chapter to
regulate any risk of injury associated with a consumer product if such risk could be
eliminated or reduced to a sufficient extent by actions taken under the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.); or the Clean Air Act (42 U.S.C. 7401 et seq.). The Commission shall
have no authority under this chapter to regulate any risk of injury associated with
electronic product radiation emitted from an electronic product (as such terms are defined
by sections 355(1) and (2)
(FOOTNOTE 1) of the Public Health Service Act) if such risk of injury may be subjected to
regulation under subpart 3 (FOOTNOTE 1) of part F of title III of the Public Health
Service Act.
(FOOTNOTE 1) See References in Text note below.
(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) The Federal Advisory Committee Act shall not apply with respect
to any Panel established under this section.
(c) Panel report; incorporation into advance notice and final rule
Each Panel's report shall contain a complete statement of the basis
for the Panel's determination. The Commission shall consider the report of the Panel and
incorporate such report into the advance notice of proposed rulemaking and final rule.
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