Page:United States Statutes at Large Volume 96 Part 2.djvu/639

 PUBLIC LAW 97-395—DEC. 30, 1982 Public Law 97-395 97th Congress

96 STAT. 2001

An Act

To provide for the payment of losses incurred as a result of the ban on the use of the chemical Tns in apparel, fabric, yam, or fiber, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the United States Claims Court shall have jurisdiction to hear, determine, and render judgment upon any claim for losses sustained by any producer, manufacturer, distributor, or retailer of children's sleepwear, or by any producer, converter, manufacturer, distributor, or retailer of fabric, yam, or fiber contained in or intended for use in children's sleepwear, (1) if those losses resulted from the actions taken by the Federal Government under the Federal Hazardous Substances Act on April 8, 1977, and thereafter relating to apparel, fabric, yarn, or fiber containing Tris (2,3-dibromopropyl) phosphate, and (2) if such children's sleepwear or such fabric, yarn, or fiber, as the case may be, at the time of its manufacture was subject to the requirements of or was subject to use in compliance with the mandatory Federal flammability standard FF3-71 or FF5--74. (b)(1) In determining the validity of any claim under this Act and the amount of the losses sustained for which such a claim is brought, the court shall consider the following factors: (A) The degree to which reasonable alternatives to Tris (2,3dibromopropyl) phosphate existed at the time the Federal Government established the applicable mandatory Federal flammability standard referred to in subsection (a). (B) Whether it would have been feasible or reasonable for the claimant to have tested Tris (2,3-dibromopropyl) phosphate for chronic hazards at the time the Federal Government established such flammability standard. (C) The degree to which the Federal Government or other nationally known researchers tested Tris (2,3-dibromopropyl) phosphate for toxicity or other health hazards and disseminated the results of those tests. (D) The degree of good faith demonstrated by the claimant in seeking to comply fully with such Federal flammability standard. (E) The extent to which a claimant may have relied in good faith upon assurances from suppliers that the products containing Tris (2,3-dibromopropyl) phosphate were safe. (F) The degree to which the claimant acted reasonably in using Tris (2,3-dibromopropyl) phosphate. (G) The degree to which the claimant, in good faith, complied with actions taken by the Federal Government under the Federal Hazardous Substances Act on April 8, 1977. (H) The degree to which the claimant, in good faith, complied with those provisions relating to exports contained in section 14 of the Federal Hazardous Substances Act and section 18 of the Consumer Product Safety Act.

Dec. 30, 1982 [S. 823] Tris chemical ban. Payment of losses.

15 USC 1261 note.

15 USC 1273. 15 USC 2067.

�