C.F.R. » Title 16 » CHAPTER II—CONSUMER PRODUCT SAFETY COMMISSION › SUBCHAPTER B—CONSUMER PRODUCT SAFETY ACT REGULATIONS › PART 1145—REGULATION OF PRODUCTS SUBJECT TO OTHER ACTS UNDER THE CONSUMER PRODUCT SAFETY ACT

16 C.F.R. § 1145.5

Emberizing materials (embers and ash) containing respirable free-form asbestos; risk of cancer associated with inhalation of asbestos fibers

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(a) The Commission finds that it is in the public interest to regulate the risk of cancer associated with inhalation of asbestos fibers from artificial emberizing materials (embers and ash) containing respirable free-form asbestos under the Consumer Product Safety Act (CPSA) rather than under the Federal Hazardous Substances Act (FHSA) because of the desirability of avoiding possibly lengthy, resource-consuming, inefficient rulemaking proceedings under the FHSA, and because of the availability of civil penalties under the CPSA for knowing noncompliance.

(b) Therefore, artificial emberizing materials (embers and ash) containing respirable free-form asbestos are regulated under the CPSA.

[42 FR 63354, Dec. 15, 1977]
Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Dist. of Columbia v. Owens-corning Fiberglas Corp., 572 A.2d 394 (D.C. 1990).
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Dist. of Columbia v. Owens-corning Fiberglas Corp., 572 A.2d 394 (D.C. 1990). “4 (1988) (placing consumer patching compounds containing respira-ble free-form asbestos within regulatory scope of Consumer Product Safety Act); 16 C.F.R. § 1145.5 (1988) (placing emberizing materials containing respirable free-form asbestos within scope of Consumer Product…”
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