What Federal Laws and Acts Help Regulate Dangerous Products?
There are several federal laws and regulations that refer to dangerous products and the manufacture and or sale of potentially dangerous products in the United States. The following list contains several of the acts, laws, regulations and governance for consumer products.
Consumer Product Safety Act (CPSA)
Starting in 1972, this law established the Consumer Product Safety Commission (CPSC) and defines CPSC’s governance. It also dictates that the agency develop standards, pursue recalls and establish product bans, in many cases.
Associated Regulations (Subchapter B) http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl
Consumer Product Safety Improvement Act (CPSIA)
A 2008 law amended the Consumer Product Safety Act. This law empowers the Consumer Product Safety Commisison with the enhanced capacity to regulate and enforce actions. This law defines procedures for civil and criminal penalties. In addition it establishes SaferProducts.gov, product, testing, third-party certification, and removes certain limitations for funding. CPSIA covers all terrain vehicles, toys, phthalates, imported products, lead, and many other specifics
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_cpsia.pdf
Public Law 112-28: Updates to CPSIA
In 2011, Public Law 112-28 amended the Consumer Product Safety Improvement Act to provide the Consumer Product Safety Commission with increase powers to enforce safety laws for consumer products.
Children’s Gasoline Burn Prevention Act (CGBPA)
This law governs portable gasoline containers manufactured for sale in the US. It went into effect after January 17, 2009. It requires manufacturers to conform to the requirements set forth for child resistant packaging.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_gascan.pdf
Federal Hazardous Substances Act (FHSA)
The Federal Hazardous Substances Act requires various household products deemed hazardous to possess labels warning consumers of the potential for hazards. The law provides the CPSC with the authority to regulate hazardous substances, toys or other items made for children. The law also provides the authority to ban products under certain conditions.Some of the products covered by Federal Hazardous Substances Act regulations: electrified childrens toys, bicycles, bunk beds, playpens, strollers, and pacifiers.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_fhsa.pdf
Associated Regulations (Subchapter C) http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl
Child Safety Protection Act (CSPA)
The Child Safety Protection Act amends various parts of the Federal Hazardous Substances Act regarding choking hazards in children’s products. The regulations in CSPA require warning labels on specific products. It also requires that importers, manufacturers, retailers, and distributors report specific kinds of choking accidents.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_media_cspa.pdf
Associated Regulations for the Reporting of Choking Accidents: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=86e2015ed014c58054d7bf071379ba8a&rgn=div5&view=text&node=16:22.214.171.124.34&idno=16
Associated Regulations for Misbranded Toys and Other Products: http://www.ecfr.gov/cgi-bin/text-idx?SID=e43b50542892f687fe555b4ddcc570f8&mc=true&node=se16.2.1500_119&rgn=div8
Flammable Fabrics Act (FFA)
The Flammable Fabrics Act governs highly flammable clothing and interior furnishings. Under Flammable Fabrics Act, CPSC has the power to issue standards. Some examples of these FFA standards are for vinyl plastic film, clothing textiles, carpets, rugs, mattresses and pads, abd sleepwear for children.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_ffa.pdf
Associated Federal Regulations (Subchapter D): http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl
Continuing Guaranty Information https://www.cpsc.gov/Regulations-Laws–Standards/Statutes/Flammable-Fabrics-Act/Frequently-Asked-Questions-for-Continuing-Guaranties-under-the-Flammable-Fabrics-Act-and-Filed-with-the-Commission
Labeling of Hazardous Art Materials Act (LHAMA)
The Labeling of Hazardous Art Materials Act amends the Federal Hazardous Substances Act (FHSA) to establish the ASTM Standard Practice for Labeling Art Materials for Chronic Health Hazards. It requires that art materials that pose a chronic hazard must have a warning.
View the law: (See Section 23): https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_fhsa.pdf
Associated Federal Regulations (Section 1500.14(b)(8)): http://www.ecfr.gov/cgi-bin/text-idx?SID=34d0d78d2daaef7966157cb46200b4cb&mc=true&node=se16.2.1500_114&rgn=div8
Poison Prevention Packaging Act (PPPA)
The Poison Prevention Packaging Act requires safe child-resistant packaging on a number of household substances.
View the law: https://www.cpsc.gov/s3fs-public/pppa.pdf
Associated Federal Regulations (Subchapter E): http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl
Refrigerator Safety Act (RSA)
The Refrigerator Safety Act mandates that refrigerators be manufactured with a mechanism that allows the refrigerator door to be opened from the inside of the refrigerator in order to reduce the risk of entrapment.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_rsa.pdf
Associated Federal Regulations: http://www.ecfr.gov/cgi-bin/text-idx?SID=2c0c02646a877cdac492a220aef31090&mc=true&node=pt16.2.1750&rgn=div5
Virginia Graeme Baker Pool and Spa Safety Act (VGB Act)
This act includes a swimming pool and spa drain cover standard requiring public pools to be equipped with anti-entrapment drain covers and a means of prevention suction entrapment hazards that are present under certain circumstances.
View the law: http://www.poolsafely.gov/about-us/
Associated Federal Regulations: https://www.gpo.gov/fdsys/pkg/CFR-2011-title16-vol2/pdf/CFR-2011-title16-vol2-part1450.pdf
Child Nicotine Poisoning Prevention Act of 2015 (CNPPA)
The Child Nicotine Poisoning Prevention Act of 2015 requires nicotine housed in a liquid nicotine container to be in a “special packaging” as defined by the PPPA and in accordance with the Commission’s regulations at 16 C.F.R. §§ 1700.15 and 1700.20.
Visit CNPPA Webpage: https://www.cpsc.gov/CNPPA
Drywall Safety Act of 2012 (DSA)
The Drywall Safety Act of 2012 requires that drywall follow the labeling standards in ASTM C1264-11, “Standard Specification for Sampling, Inspection, Rejection, Certification, Packaging, Marking, Shipping, Handling, and Storage of Gypsum Panel Products.” It also establishes compliance rules for limitations on sulfur content in ASTM C1396-14a, “Standard Specification for Gypsum Board.”
Visit Drywall Business Guidance Webpage: https://www.cpsc.gov/Business–Manufacturing/Business-Education/Business-Guidance/Drywall
Safe Sleep for Babies Act of 2021
H.R.3182 – 117th Congress (2021-2022): Safe Sleep for Babies Act of 2021
Portable Fuel Container Act of 2020 – 15 U.S. C. § 2056d.