[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: 16CFR1031.5]

[Page 122]
 
                     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. 1031.5  Criteria for Commission participation in voluntary standards activities.

    The Commission will consider the extent to which the following 
criteria are met in considering Commission participation in the 
development of voluntary safety standards for consumer products:
    (a) The likelihood the voluntary standard will eliminate or 
adequately reduce the risk of injury addressed and that there will be 
substantial and timely compliance with the voluntary standard.
    (b) The likelihood that the voluntary standard will be developed 
within a reasonable period of time.
    (c) Exclusion, to the maximum extent possible, from the voluntary 
standard being developed, of requirements which will create 
anticompetitive effects or promote restraint of trade.
    (d) Provisions for periodic and timely review of the standard, 
including review for anticompetitive effects, and revision or amendment 
as the need arises.
    (e) Performance-oriented and not design-restrictive requirements, to 
the maximum practical extent, in any standard developed.
    (f) Industry arrangements for achieving substantial and timely 
industry compliance with the voluntary standard once it is issued, and 
the means of ascertaining such compliance based on overall market share 
of product production.
    (g) Provisions in the standard for marking products conforming to 
the standard so that future Commission investigation can indicate the 
involvement of such products in accidents and patterns of injury.
    (h) Provisions for insuring that products identified as conforming 
to such standards will be subjected to a testing and certification 
(including self-certification) procedure, which will provide assurance 
that the products comply with the standard.
    (i) The openness to all interested parties, and the establishment of 
procedures which will provide for meaningful participation in the 
development of such standards by representatives of producers, 
suppliers, distributors, retailers, consumers, small business, public 
interests and other individuals having knowledge or expertise in the 
areas under consideration, and procedures for affording other due 
process considerations.