15 U.S.C. § 1476 : US Code - Section 1476: Preemption of Federal standards

Search 15 U.S.C. § 1476 : US Code - Section 1476: Preemption of Federal standards

(a) Exception for identical State standards
Except as provided in subsections (b) and (c) of this section,
whenever a standard established by the Commission under this Act
applicable to a household substance is in effect, no State or
political subdivision thereof shall have any authority either to
establish or continue in effect, with respect to such household
substance, any standard for special packaging (and any exemption
therefrom and requirement related thereto) which is not identical
to the standard established under section 1472 of this title (and
any exemption therefrom and requirement related thereto) of this
Act.
(b) Federal or State standards which afford a higher degree of
protection
The Federal Government and the government of any State or
political subdivision of a State may establish and continue in
effect, with respect to a household substance for its own use, a
standard for special packaging or related requirement which is
designed to protect against a risk of illness or injury with
respect to which a standard for special packaging or related
requirement is in effect under this Act and which is not identical
to such standard or requirement if the Federal, State, or political
subdivision standard or requirement provides a higher degree of
protection from such risk of illness or injury than the standard or
requirement in effect under this Act.
(c) Exemption for State standards; 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) of this section,
under such conditions as may be prescribed in such regulation, any
standard for special packaging or related requirement of such State
or political subdivision applicable to a household substance
subject to a standard or requirement in effect under this Act if -
(A) compliance with the State or political subdivision standard
or requirement would not cause the household substance to be in
violation of the standard or requirement in effect under this
Act, and
(B) the State or political subdivision standard or requirement
(i) provides a significantly higher degree of protection from the
risk of illness or injury with respect to which the Federal
standard or requirement is in effect, and (ii) does not unduly
burden interstate commerce.
In determining the burden, if any, of a State or political
subdivision standard or requirement 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
requirement, the cost of complying with such standard or
requirement, the geographic distribution of the household substance
to which the standard or requirement would apply, the probability
of other States or political subdivisions applying for an exemption
under this subsection for a similar standard or requirement, and
the need for a national, uniform standard or requirement under this
Act for such household substance.
(2) A regulation under paragraph (1) granting an exemption for a
standard or requirement 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.