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U.S. Code as of:
01/19/04
Section 1203. Preemption of Federal standards
(a) Standards or regulations designed to protect against same risk
as State standards or regulations; identical State standards
Except as provided in subsections (b) and (c) of this section,
whenever a flammability standard or other regulation for a fabric,
related material, or product is in effect under this chapter, no
State or political subdivision of a State may establish or continue
in effect a flammability standard or other regulation for such
fabric, related material, or product if the standard or other
regulation is designed to protect against the same risk of
occurrence of fire with respect to which the standard or other
regulation under this chapter is in effect unless the State or
political subdivision standard or other regulation is identical to
the Federal standard or other regulation.
(b) State standards or regulations 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 a flammability standard or other regulation applicable to a
fabric, related material, or product for its own use which standard
or other regulation is designed to protect against a risk of
occurrence of fire with respect to which a flammability standard or
other regulation is in effect under this chapter and which is not
identical to such standard or other regulation if the Federal,
State, or political subdivision standard or other regulation
provides a higher degree of protection from such risk of occurrence
of fire than the standard or other regulation in effect under this
chapter.
(c) Exemption for State standards or regulations; 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
flammability standard or other regulation of such State or
political subdivision applicable to a fabric, related material, or
product subject to a standard or other regulation in effect under
this chapter, if -
(A) compliance with the State or political subdivision
requirement would not cause the fabric, related material, or
product to be in violation of the standard or other regulation in
effect under this chapter, and
(B) the State or political subdivision standard or other
regulation (i) provides a significantly higher degree of
protection from the risk of occurrence of fire with respect to
which the Federal standard or other regulation is in effect, and
(ii) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political
subdivision flammability standard or other 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
flammability standard or other regulation, the cost of complying
with such flammability standard or other regulation, the geographic
distribution of the fabric, related material, or product to which
the flammability standard or other regulation would apply, the
probability of other States or political subdivisions applying for
an exemption under this subsection for a similar flammability
standard or other regulation, and the need for a national, uniform
flammability standard or other regulation under this chapter for
such fabric, related material, or product.
(2) A regulation under paragraph (1) granting an exemption for a
flammability standard or other regulation 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.
(d) Flammability standards or regulations; definitions
For purposes of this section -
(1) a reference to a flammability standard or other regulation
for a fabric, related material, or product in effect under this
chapter includes a standard of flammability continued in effect
by section 11 of the Act of December 14, 1967 (Public Law
90-189); and
(2) the term "Commission" means the Consumer Product Safety
Commission.
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