Page:United States Statutes at Large Volume 86.djvu/1255

 86 STAT. ]

1213

PUBLIC LAW 92-573-OCT. 27, 1972

(1) Requirements as to performance, composition, contents, design, construction, finish, or packaging of a consumer product. (2) Requirements that a consumer product be marked with or accompanied by clear and adequate w a r n i n g or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. The requirements of such a standard (other than requirements relating to labeling, warnings, or instructions) shall, whenever feasible, be expressed in terms of performance requirements. (b) A proceeding for the development of a consumer product safety standard under this Act shall be commenced by the publication in the Federal Register of a notice which shall— (1) identify the product and the nature of the risk of injury associated with the product; (2) state the Commission's determination that a consumer product safety standard is necessary to eliminate or reduce the risk of injury; (3) include information with respect to any existing standard known to the Commission which may be relevant to the proceeding; and (4) include an invitation for any person, including any State or Federal agency (other than the Commission), within 30 days after the date of publication of the notice (A) to submit to the Commission an existing standard as the proposed consumer product safety standard or (B) to offer to develop the proposed consumer product safety standard. An invitation under paragraph (4)(B) shall specify a period of time, during which the standard is to be developed, which shall be a period ending 150 days after the publication of the notice, unless the Commission for good cause finds (and includes such finding in the notice) that a different period is appropriate. (c) If the Commission determines that (1) there exists a standard which has been issued or adopted by any Federal agency or by any other qualified agency, organization, or institution, and (2) such standard if promulgated under this Act, would eliminate or reduce the unreasonable risk of iniury associated with the product, then it may, in lieu of accepting an offer pursuant to subsection (d) of this section, publish such standard as a proposed consumer product safety rule. (d)(1) Except as provided by subsection (c), the Commission shall accept one, and may accept more than one, offer to develop a proposed consumer prorduct safety standard pursuant to the invitation prescribed by subsection (b)(4)(B), if it determines that the offeror is technically competent, is likely to develop an appropriate standard within the period specified in the invitation under subsection (b), and will comply with regulations of the Commission under paragraph (3) of this subsection. The Commission shall publisli in the Federal Register the name and address of each person whose offer it accepts, and a summary of the terms of such offer as accepted. (2) If an offer is accepted under this subsection, the Commission may agree to contribute to the offeror's cost in developing a proposed consumer product safety standard, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the offeror is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings.

Notice, publication in Federal Register.

Development period.

Proposed safety rules, publication.

Proposed standards, development offers.

Publication in Federal Register. Cost, contribution.

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