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U.S. Code as of:
01/19/04
Section 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) (!1) of the Public Health Service Act) if
such risk of injury may be subjected to regulation under subpart 3
(!1) of part F of title III of the Public Health Service Act.
(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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