[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: 16CFR1115.5]

[Page 161-162]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1115--SUBSTANTIAL PRODUCT HAZARD REPORTS--Table of Contents
 
                    Subpart A--General Interpretation
 
Sec. 1115.5  Reporting of failures to comply with a voluntary consumer product safety standard relied upon by the Commission under section 9 of the CPSA.

    (a) General provision. Under the CPSA, the Commission may rely on 
voluntary standards in lieu of developing mandatory ones. In recognition 
of the role of voluntary standards under the CPSA, section 15(b)(1) 
requires reports if a product fails to comply with a voluntary standard 
``upon which the Commission has relied under section 9'' of the CPSA. 
The Commission has relied upon a voluntary consumer product safety 
standard under section 9 of the CPSA if, since August 13, 1981 it has 
terminated a rulemaking proceeding or withdrawn an existing consumer 
product safety rule because it explicitly determined that an existing 
voluntary standard, or portion(s) thereof, is likely to result in an 
adequate reduction of the risk of injury and it is likely there will be 
substantial compliance with that voluntary standard. (See appendix to 
this part 1115 for a list of such voluntary standards.) This provision 
applies only when the Commission relies upon a voluntary standard in a 
rulemaking proceeding under section 9 of the CPSA. In evaluating whether 
or not to rely upon an existing voluntary standard, the Commission shall 
adhere to all the procedural safeguards currently required under the 
provisions of the CPSA, including publication in the Federal Register of 
the Commission's intent to rely upon a voluntary standard in order to 
provide the public with a fair opportunity to comment upon such proposed 
action.
    (b) Reporting requirement. A firm must report under this section if 
it has distributed in commerce, subsequent to the effective date of the 
Consumer Product Safety Improvement Act of 1990 (November 16, 1990), a 
product that does not conform to a voluntary standard or portion(s) of a 
voluntary standard relied upon by the Commission since August 13, 1981. 
If the Commission relied upon only a portion(s) of a voluntary standard, 
a firm must report under this section only nonconformance with the 
portion(s) of the voluntary standard relied upon by the Commission. 
Pursuant to section 7(b)(2) of the CPSA, the Commission shall monitor 
any modifications of a voluntary standard upon which it has relied and 
determine, as a matter of policy, at the time any substantive safety 
related modification is adopted, whether it shall continue to rely upon 
the former standard or whether it shall

[[Page 162]]

rely, subsequently, upon the modified standard. The Commission shall 
publish such decisions in the Federal Register. Until the Commission 
makes such a decision, subject firms need not report under this 
provision a product which complies with either the original version of 
the voluntary standard relied upon by the Commission or the new version 
of the standard. A firm must continue to evaluate whether deviations 
from other portions of a voluntary standard, or other voluntary 
standards not relied upon by the Commission, either constitute a defect 
which could create a substantial product hazard or create an 
unreasonable risk of serious injury or death.

[57 FR 34228, Aug. 4, 1992; 57 FR 39597, Sept. 1, 1992]