Page:United States Statutes at Large Volume 90 Part 1.djvu/563

 PUBLIC LAW 94-284—MAY 11, 1976 " (2) A regulation under paragraph (1) g r a n t i n g an exemption for a flammability standard or other regulation of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5, United States Code, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation. " (d) For purposes of this section— " (1) a reference to a flammabilitj;' standard or other regulation for a fabric, related material, or product in effect under this Act includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90-189); and " (2) the term 'Commission' means the Consumer P r o d u c t Safety Commission.". (c) Section 8 of the Poison Prevention P a c k a g i n g Act of 1970 (15 U.S.C. 1476) is amended (1) by striking out "Whenever" and inserting in lieu thereof " (a) Except as provided in subsections (b) and (c), whenever", and (2) by adding a t the end thereof the following: " (b) The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect, with respect to a household substance for its own use, a standard for special packaging or related requirement which is designed to protect against a risk of illness or injury with respect to which a standard for special packaging or related requirement is in effect under this Act and which is not identical to such standard or requirement if the Federal, State, or political subdivision standard or requirement provides a higher degree of protection from such risk of illness or injury than the standard or requirement in effect under this Act. " (c)(1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgat-ed in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any standard for special packaging or related requirement of such State or political subdivision applicable to a household substance subject to a standard or requirement in effect under this Act if— " (A) compliance with the State or political subdivision standard or requirement would not cause the household substance to be in violation of the standard or requirement in effect under this Act, and " (B) the State or political subdivision standard or requirement (i) provides a significantly higher degree of protection from the risk of illness or injury with respect to which the Federal standard or requirement is in effect, and (ii) does not unduly burden interstate commerce. I n determining the burden, if any, of a State or political subdivision standard or requirement on interstate commerce the Commission shall consider and make a p p r o p r i a t e (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or requirement, the cost of complying with such standard or requirement, the geographic distribution of the household substance to which the standard or requirement would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or requirement, and the need for a national, uniform standard or requirement under this Act for such household substance. " (2) A regulation under paragraph (1) g r a n t i n g an exemption for a standard or requirement of a State or political subdivision of a State

90 STAT. 513 Notice; oral presentation of views.

Flammability standard or regulation.

15 USC 1191 note. "Commission.'

Notice; oral presentation of views.

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