16 C.F.R. § 1205.7

Prohibited stockpiling

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(a) Stockpiling. Stockpiling means manufacturing or importing a product which is the subject of a consumer product safety rule between the date of issuance of the rule and its effective date at a rate that is significantly greater than the rate at which such product was produced or imported during a base period prescribed by the Consumer Product Safety Commission.

(b) Prohibited acts. Stockpiling of power lawn mowers that do not comply with this subpart A of part 1205 at a rate that exceeds by 20% the rate at which the product was produced or imported during the base period described in paragraph (c) of this section is prohibited.

(c) Base period. The base period for power lawn mowers is, at the option of each manufacturer or importer, any period of 365 consecutive days beginning on or after September 1, 1971, and ending on or before August 31, 1978.

Notes of Decisions

Cited in 1 case, 1996–1996 · leading case: Cortez v. MTD Prods., Inc., 927 F. Supp. 386 (N.D. Cal. 1996).

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Cortez v. MTD Prods., Inc., 927 F. Supp. 386 (N.D. Cal. 1996). “It was intended to ensure that the safety purposes of the federal government’s subsequent entry into the regulatory field would not be frustrated by the presence on the market for many years of mowers that the Commission had already concluded created unacceptably high risks of…”

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