16 C.F.R. § 1404.1

Scope, application, and effective date

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(a) Scope. This part 1404 establishes a requirement for manufacturers, including importers, of cellulose insulation to notify (1) prospective purchasers of such products at the time of original purchase and (2) the first purchasers of such products for purposes other than resale (installers and consumers) of ways to avoid the fire hazard that exists where cellulose insulation is installed too close to the sides or over the top of a recessed electrical light fixture or where cellulose insulation is installed too close to the exhaust flues from heat-producing devices or apparatus such as furnaces, water heaters, and space heaters. The notification consists of a warning label on the containers of cellulose insulation.

(b) Application and effective date. This rule applies to cellulose insulation that is for sale to consumers for installation in households or residences, as well as insulation that is produced or distributed for installation by professionals in households or residences. Cellulose insulation that is labeled as, marketed, and sold solely for nonresidential installation is not included within the scope of this proceeding. The rule applies to all products manufactured after October 15, 1979.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Supreme Pork, Inc. v. Master Blaster, Inc., 2009 SD 20 (S.D. 2009).

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Supreme Pork, Inc. v. Master Blaster, Inc., 2009 SD 20 (S.D. 2009). · cites it 2× “" 16 C.F.R. 1404.1(a). In this case, Dr. Schroeder's theory of ignition is sufficiently reliable to withstand the Daubert challenge, whether it was called "pyrolysis" or simply the "fire hazard" recognized by the CPSC and others.”

— 16 C.F.R. § 1404.1(a) — 1 case

Supreme Pork, Inc. v. Master Blaster, Inc., 2009 SD 20 (S.D. 2009). “" 16 C.F.R. 1404.1(a). In this case, Dr. Schroeder's theory of ignition is sufficiently reliable to withstand the Daubert challenge, whether it was called "pyrolysis" or simply the "fire hazard" recognized by the CPSC and others.”

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