[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1031.2]

[Page 120]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1031--COMMISSION PARTICIPATION AND COMMISSION EMPLOYEE INVOLVEMENT IN VOLUNTARY STANDARDS ACTIVITIES--Table of Contents
 
                       Subpart A--General Policies
 
Sec. 1031.2  Background.

    (a) Congress enacted the Consumer Product Safety Act in 1972 to 
protect consumers against unreasonable risks of injury associated with 
consumer products. In order to achieve that goal, Congress established 
the Consumer Product Safety Commission as an independent regulatory 
agency and granted it broad authority to promulgate mandatory safety 
standards for consumer products as a necessary alternative to industry 
self regulation.
    (b) In 1981, the Congress amended the Consumer Product Safety Act, 
The Federal Hazardous Substances Act, and the Flammable Fabrics Act, to 
require the Commission to rely on voluntary standards rather than 
promulgate a mandatory standard when voluntary standards would eliminate 
or adequately reduce the risk of injury addressed and it is likely that 
there will be substantial compliance with the voluntary standards. (15 
U.S.C. 2056(b), 15 U.S.C. 1262(g)(2), 15 U.S.C. 1193(h)(2)). The 1981 
Amendments also require the Commission, after any notice or advance 
notice of proposed rulemaking, to provide technical and administrative 
assistance to persons or groups who propose to develop or modify an 
appropriate voluntary standard. (15 U.S.C. 2054(a)(3)). Additionally, 
the amendments encourage the Commission to provide technical and 
administrative assistance to groups developing product safety standards 
and test methods, taking into account Commission resources and 
priorities (15 U.S.C. 2054(a)(4)). Although the Commission is required 
to provide assistance to such groups, it may determine the level of 
assistance in accordance with the level of its own administrative and 
technical resources and in accordance with its assessment of the 
likelihood that the groups being assisted will successfully develop a 
voluntary standard that will preclude the need for a mandatory standard.
    (c) In 1982, the Office of Management and Budget revised Circular 
No. A-119, Federal Participation in the Development and Use of Voluntary 
Standards. The Circular establishes the policy to be followed by 
executive agencies, including the Commission, in working with voluntary 
standards bodies and in adopting and using voluntary standards. The 
Circular encourages government participation in the standards-related 
activities of voluntary standards bodies and standards-developing groups 
when such participation is in the public interest and is compatible with 
the agencies, missions, authorities, priorities, and budget resources. 
The Circular recognizes, however, that voluntary standards activities, 
if improperly conducted, can suppress free and fair competition, impede 
innovation and technical progress, exclude safer and less expensive 
products, or otherwise adversely affect trade, commerce, health, or 
safety. Thus, agencies are urged to take full account of the impact on 
the economy, applicable Federal laws, policies and national objectives, 
including, for example, laws and regulations relating to antitrust, 
national security, small business, product safety, environment, 
technological development, and conflicts of interest.