[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1061.3]

[Page 138-139]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1061--APPLICATIONS FOR EXEMPTION FROM PREEMPTION--Table of Contents
 
Sec.  1061.3  Statutory considerations.

    (a) The Commission's statutory preemption provisions provide, 
generally, that whenever consumer products are subject to certain 
Commission statutes, standards, or regulations, a State or local 
requirement applicable to the same product is preempted, i.e., 
superseded and made unenforceable, if both are designed to protect 
against the same risk of injury or illness, unless the State or local 
requirement is identical to the Commission's statutory requirement, 
standard, or regulation. A State or local requirement is not preempted 
if the product it is applicable to is for the State or local 
government's own use and the requirement provides a higher degree of 
protection than the Commission's statutory requirement, standard, or 
regulation.
    (b) The Commission's statutory preemption provisions provide, 
generally, that if a State or local government

[[Page 139]]

wants to enforce its own requirement that is preempted, the State or 
local government must seek an exemption from the Commission before any 
such enforcement. The Commission may, by regulation, exempt a State or 
local requirement from preemption if it finds that the State or local 
requirement affords a significantly higher degree of protection than the 
Commission's statute, standard, or regulation, and that it does not 
unduly burden interstate commerce. Such findings must be included in any 
exemption regulation.