[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1304.1]

[Page 380-381]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1304_BAN OF CONSUMER PATCHING COMPOUNDS CONTAINING RESPIRABLE 
FREE-FORM ASBESTOS--Table of Contents
 
Sec.  1304.1  Scope and application.




Sec.  
1304.1 Scope and application.
1304.2 Purpose.
1304.3 Definitions.
1304.4 Consumer patching compounds as banned hazardous products.
1304.5 Findings.

    Authority: Secs. 8, 9, 86 Stat. 1215-1217, as amended 90 Stat. 506, 
15 U.S.C. 2057, 2058.

    Source: 42 FR 63362, Dec. 15, 1977, unless otherwise noted.


    (a) In this part 1304 the Consumer Product Safety Commission 
declares that consumer patching compounds containing intentionally-added 
respirable freeform asbestos in such a manner that the asbestos fibers 
can become airborne under reasonably foreseeable conditions of use, are 
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 
patching compounds which are (1) used to cover, seal or mask cracks, 
joints, holes and similar openings in the trim, walls, ceiling, etc. of 
building interiors, which after drying are sanded to a smooth finish and 
(2) are produced and distributed for sale to or for the personal use, 
consumption or enjoyment of a consumer in or around a permanent or 
temporary household or residence, a school, in recreation or otherwise.
    (b) The Commission has found that (1) these patching compounds are 
being or will be distributed in commerce; (2) that they present an 
unreasonable risk

[[Page 381]]

of injury; and (3) 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. This rule applies to the 
banned hazardous products defined in Sec.  1304.3 and described further 
in Sec.  1304.4.
    (c) Only consumer products are subject to this regulation. Patching 
compounds which are consumer products include those which a consumer can 
purchase. Merely labeling a patching compound for industrial use would 
not exclude such articles from the ban. If the sale or use of the 
product by consumers is facilitated, it is subject to the ban. Patching 
compounds which are labeled as, marketed, and sold solely for industrial 
use in non-consumer environments are not subject to the ban. In addition 
to those products which can be sold directly to consumers, the ban 
applies to patching compounds containing respirable free-form asbestos 
which are used in residences, schools, hospitals, public buildings or 
other areas where consumers have customary access.