15 U.S.C. § 2075 : US Code - Section 2075: State standards

Search 15 U.S.C. § 2075 : US Code - Section 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.