[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: 16CFR1302.1]

[Page 371-372]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1302--BAN OF EXTREMELY FLAMMABLE CONTACT ADHESIVES--Table of Contents
 
Sec.  1302.1  Scope and application.

    (a) In this part 1302 the Consumer Product Safety Commission 
(Commission) declares extremely flammable contact adhesives and similar 
liquid or semiliquid consumer products to be banned hazardous products 
under sections 8 and 9 of the Consumer Product Safety Act (CPSA) (15 
U.S.C. 2057 and 2058). This ban applies to those extremely flammable 
contact adhesives and similar liquid or semiliquid consumer products, as 
defined in Sec.  1302.3(b), which are in commerce or are being 
distributed in commerce on or after the effective date of this 
regulation, and which are consumer products (as defined in section 3(a) 
of the Act (15 U.S.C. 2052) customarily produced or distributed for sale 
to, or for the personal use, consumption or enjoyment of consumers in or 
around a permanent or temporary household or residence, a school, in 
recreation or otherwise.
    (b) An extremely flammable contact adhesive as defined in Sec.  
1302.3(b) is a banned hazardous product if the manufacturer, 
distributor, or retailer customarily produces or distributes the product 
for sale to, or use by consumers, or if the manufacturer, distributor, 
or retailer fosters or facilitates the product's sale to, or use by, 
consumers. For example, contact adhesives available in retail stores, 
such as lumber yards or hardware stores, for sale to consumers would be 
included in the scope of the ban even though such

[[Page 372]]

outlets may sell such products primarily to industrial or professional 
users. The manufacturer who markets an extremely flammable contact 
adhesive which would be subject to the ban if sold to consumers has the 
responsibility for determining the distribution and use patterns of its 
product and for taking all reasonable steps to ensure that the product 
is not made available for sale to consumers. The test of whether a 
contact adhesive is banned shall be whether the product, under any 
customary or reasonably foreseeable condition of distribution, or sale, 
is made available for purchase by consumers.
    (c) Contact adhesives that are labeled as, marketed, and sold solely 
for industrial or professional use are not within the scope of this ban. 
However, merely labeling a contact adhesive for industrial or 
professional use only would not exclude such products from this ban. In 
addition, packaging a contact adhesive in a large size container would 
not in itself exclude the product from this ban.
    (d) The Commission has found that the contact adhesives covered by 
this ban are being, or will be distributed in commerce; and present an 
unreasonable risk of injury; and that no feasible consumer product 
safety standard under the CPSA would adequately protect the public from 
the unreasonable risk of injury associated with these products.