15 U.S.C. § 2052 : US Code - Section 2052: Definitions

Search 15 U.S.C. § 2052 : US Code - Section 2052: Definitions

(a) For purposes of this chapter:
(1) The term "consumer product" means any article, or component
part thereof, produced or distributed (i) for sale to a consumer
for use in or around a permanent or temporary household or
residence, a school, in recreation, or otherwise, or (ii) for the
personal use, consumption or enjoyment of a consumer in or around
a permanent or temporary household or residence, a school, in
recreation, or otherwise; but such term does not include -
(A) any article which is not customarily produced or
distributed for sale to, or use or consumption by, or enjoyment
of, a consumer,
(B) tobacco and tobacco products,
(C) motor vehicles or motor vehicle equipment (as defined by
section 30102(a)(6) and (7) of title 49),
(D) pesticides (as defined by the Federal Insecticide,
Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]),
(E) any article which, if sold by the manufacturer, producer,
or importer, would be subject to the tax imposed by section
4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181]
(determined without regard to any exemptions from such tax
provided by section 4182 or 4221, or any other provision of
such Code), or any component of any such article,
(F) aircraft, aircraft engines, propellers, or appliances (as
defined in section 40102(a) of title 49),
(G) boats which could be subjected to safety regulation under
chapter 43 of title 46; vessels, and appurtenances to vessels
(other than such boats), which could be subjected to safety
regulation under title 52 of the Revised Statutes or other
marine safety statutes administered by the department in which
the Coast Guard is operating; and equipment (including
associated equipment, as defined in section 2101(1) of title
46) to the extent that a risk of injury associated with the use
of such equipment on boats or vessels could be eliminated or
reduced by actions taken under any statute referred to in this
subparagraph,
(H) drugs, devices, or cosmetics (as such terms are defined
in sections 201(g), (h), and (i) of the Federal Food, Drug, and
Cosmetic Act [21 U.S.C. 321(g), (h), and (i)]), or
(I) food. The term "food", as used in this subparagraph means
all "food", as defined in section 201(f) of the Federal Food,
Drug, and Cosmetic Act [21 U.S.C. 321(f)], including poultry
and poultry products (as defined in sections 4(e) and (f) of
the Poultry Products Inspection Act [21 U.S.C. 453(e) and
(f)]), meat, meat food products (as defined in section 1(j) of
the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and eggs
and egg products (as defined in section 4 of the Egg Products
Inspection Act [21 U.S.C. 1033]).
Such term includes any mechanical device which carries or conveys
passengers along, around, or over a fixed or restricted route or
course or within a defined area for the purpose of giving its
passengers amusement, which is customarily controlled or directed
by an individual who is employed for that purpose and who is not
a consumer with respect to such device, and which is not
permanently fixed to a site. Such term does not include such a
device which is permanently fixed to a site. Except for the
regulation under this chapter or the Federal Hazardous Substances
Act [15 U.S.C. 1261 et seq.] of fireworks devices or any
substance intended for use as a component of any such device, the
Commission shall have no authority under the functions
transferred pursuant to section 2079 of this title to regulate
any product or article described in subparagraph (E) of this
paragraph or described, without regard to quantity, in section
845(a)(5) of title 18. See sections 2079(d) and 2080 of this
title, for other limitations on Commission's authority to
regulate certain consumer products.
(2) The term "consumer product safety rule" means a consumer
products safety standard described in section 2056(a) of this
title, or a rule under this chapter declaring a consumer product
a banned hazardous product.
(3) The term "risk of injury" means a risk of death, personal
injury, or serious or frequent illness.
(4) The term "manufacturer" means any person who manufactures
or imports a consumer product.
(5) The term "distributor" means a person to whom a consumer
product is delivered or sold for purposes of distribution in
commerce, except that such term does not include a manufacturer
or retailer of such product.
(6) The term "retailer" means a person to whom a consumer
product is delivered or sold for purposes of sale or distribution
by such person to a consumer.
(7)(A) The term "private labeler" means an owner of a brand or
trademark on the label of a consumer product which bears a
private label.
(B) A consumer product bears a private label if (i) the product
(or its container) is labeled with the brand or trademark of a
person other than a manufacturer of the product, (ii) the person
with whose brand or trademark the product (or container) is
labeled has authorized or caused the product to be so labeled,
and (iii) the brand or trademark of a manufacturer of such
product does not appear on such label.
(8) The term "manufactured" means to manufacture, produce, or
assemble.
(9) The term "Commission" means the Consumer Product Safety
Commission, established by section 2053 of this title.
(10) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake
Island, Midway Island, Kingman Reef, Johnston Island, the Canal
Zone, American Samoa, or the Trust Territory of the Pacific
Islands.
(11) The terms "to distribute in commerce" and "distribution in
commerce" mean to sell in commerce, to introduce or deliver for
introduction into commerce, or to hold for sale or distribution
after introduction into commerce.
(12) The term "commerce" means trade, traffic, commerce, or
transportation -
(A) between a place in a State and any place outside thereof,
or
(B) which affects trade, traffic, commerce, or transportation
described in subparagraph (A).
(13) The terms "import" and "importation" include reimporting a
consumer product manufactured or processed, in whole or in part,
in the United States.
(14) The term "United States", when used in the geographic
sense, means all of the States (as defined in paragraph (10)).
(b) A common carrier, contract carrier, or freight forwarder
shall not, for purposes of this chapter, be deemed to be a
manufacturer, distributor, or retailer of a consumer product solely
by reason of receiving or transporting a consumer product in the
ordinary course of its business as such a carrier or forwarder.