15 U.S.C. § 1203

Preemption of Federal standards

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(a) Standards or regulations designed to protect against same risk as State standards or regulations; identical State standards

Except as provided in subsections (b) and (c), whenever a flammability standard or other regulation for a fabric, related material, or product is in effect under this chapter, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material, or product if the standard or other regulation is designed to protect against the same risk of occurrence of fire with respect to which the standard or other regulation under this chapter is in effect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulation.

(b) State standards or regulations which afford a higher degree of protection

The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a flammability standard or other regulation applicable to a fabric, related material, or product for its own use which standard or other regulation is designed to protect against a risk of occurrence of fire with respect to which a flammability standard or other regulation is in effect under this chapter and which is not identical to such standard or other regulation if the Federal, State, or political subdivision standard or other regulation provides a higher degree of protection from such risk of occurrence of fire than the standard or other regulation in effect under this chapter.

(c) Exemption for State standards or regulations; requirements; determination of burden on interstate commerce; notice and hearing(1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any flammability standard or other regulation of such State or political subdivision applicable to a fabric, related material, or product subject to a standard or other regulation in effect under this chapter, if—(A) compliance with the State or political subdivision requirement would not cause the fabric, related material, or product to be in violation of the standard or other regulation in effect under this chapter, and(B) the State or political subdivision standard or other regulation (i) provides a significantly higher degree of protection from the risk of occurrence of fire with respect to which the Federal standard or other regulation is in effect, and (ii) does not unduly burden interstate commerce.In determining the burden, if any, of a State or political subdivision flammability standard or other regulation on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such flammability standard or other regulation, the cost of complying with such flammability standard or other regulation, the geographic distribution of the fabric, related material, or product to which the flammability standard or other regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar flammability standard or other regulation, and the need for a national, uniform flammability standard or other regulation under this chapter for such fabric, related material, or product.(2) A regulation under paragraph (1) granting an exemption for a flammability standard or other regulation of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation.(d) Flammability standards or regulations

In this section, a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this chapter includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189).

(June 30, 1953, ch. 164, § 16, as added Pub. L. 90–189, § 10, Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 94–284, § 17(b), May 11, 1976, 90 Stat. 512; Pub. L. 110–314, title II, § 204(c)(2)(G), Aug. 14, 2008, 122 Stat. 3043.)Editorial NotesReferences in Text

Section 11 of the Act of December 14, 1967 (Public Law 90–189), referred to in subsec. (d), is set out as a note under section 1191 of this title.

Amendments

2008—Subsec. (d). Pub. L. 110–314 amended subsec. (d) generally. Prior to amendment, text read as follows: “For purposes of this section—

“(1) a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this chapter includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189); and

“(2) the term ‘Commission’ means the Consumer Product Safety Commission.”

1976—Pub. L. 94–284 substituted provisions which permitted the use of flammability standards or regulations not identical with the standards or regulations in effect under this chapter provided that the standards or regulations used afford a higher degree of protection from the risk of the occurrence of fire than the standards or regulation under this chapter, and which permitted the Commission, by regulation promulgated in accordance with section 553 of title 5, to grant an exemption for a flammability standard or other regulation of a State or political subdivision of a State, for the prior supremacy of chapter provision.

Statutory Notes and Related SubsidiariesPreemption

The provisions of this section establishing the extent to which the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Flammable Fabrics Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.

Notes of Decisions

Cited in 13 cases, 1973–1998 · leading case: Elizabeth Wilson, Individually & as Mother & Next Friend of Ailsa Debold v. Bradlees of New England, Inc., 96 F.3d 552 (1st Cir. 1996).

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Elizabeth Wilson, Individually & as Mother & Next Friend of Ailsa Debold v. Bradlees of New England, Inc., 96 F.3d 552 (1st Cir. 1996). · cites it 3× “The district court held that all of Wilson’s claims were expressly preempted by section 1203(a) of the Flammable Fabrics Act, 15 U.S.C. § 1203 (a), which provides: Except as provided in subsections (b) and (c) of this section, whenever a flammability standard or other regulation…”

Gryc Ex Rel. Gryc v. Dayton-Hudson Corp., 297 N.W.2d 727 (Minn. 1980). “The 1976 amendment to the preemption provision, Flammable Fabrics Act, 15 U.S.C.A. § 1203 (West, 1979), provides in part: (a) Except as provided in subsections (b) and (c) of this section, whenever a flammability standard or other regulation for a fabric * * * is in effect under…”

Rucker v. Norfolk & W. Ry. Co., 381 N.E.2d 715 (Ill. App. Ct. 1978). · cites it 2× “(1970)) and pointed out to the court that the Act provided for Federal preemption of material flammability standards ( 15 U.S.C. § 1203 (1970)). The Raymond court noted that the Act made no provision for private relief for those harmed in accidents involving flammable fabrics,…”

Laurette R. Raymond v. Riegel Textile Corp., 484 F.2d 1025 (1st Cir. 1973). “inconsistent with its provisions”, 15 U.S.C.A. § 1203 , precludes New Hampshire from applying any other standard.”

Perez v. Mini-Max Stores, Inc., 231 A.D.2d 162 (N.Y. App. Div. 1997). · cites it 2× “sections (b) and (c), whenever a flammability standard or other regulation for a fabric * * * is in effect under this Act, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric * * * if the…”

Abel v. JC Penney Co., Inc., 488 F. Supp. 891 (D. Minnesota 1980). “See 15 U.S.C. § 1203 ; Raymond v. Riegel Textile Corp.”

Ohio Mfrs.' Ass'n v. City of Akron, 801 F.2d 824 (6th Cir. 1986). “§ 2075 (1982); Flammable Fabrics Act, 15 U.S.C. § 1203 (1982). In addition, other portions of the OSH Act refer to “states and their political subdivisions.”

Am. Apparel Mfrs. Ass'n v. Sargent, 384 F. Supp. 289 (D. Mass. 1974). “15 U.S.C. § 1203 . However, section 10, which remained in the Act after the 1967 amendment, stated that the Act’s provisions “shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other law.”

Johnston Ex Rel. Johnston v. Deere & Co., 967 F. Supp. 574 (D. Me. 1997). “bility standard or other regulation for a fabric, related material, or product is in effect under this chapter, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material, or…”

Ohio Mfrs.' Ass'n v. City of Akron, 628 F. Supp. 623 (N.D. Ohio 1986). “§ 2075 (1982); Flammable Fabrics Act, 15 U.S.C. § 1203 (1982). 6 Congress’ practice of explicitly preempting political subdivisions, then, militates against the inferences that Congress either forgot to include political subdivisions in § 18 or implicitly included them in the…”

Askenazi v. Hymil Mfg. Co., 170 Misc. 2d 461 (N.Y. Sup. Ct. 1996). · cites it 7× “15 USC § 1203 (a), in pertinent part, provides: " § 1203.”

Wilson v. Bradlees (D.N.H. 1995). · cites it 3× “15 U.S.C.A. § 1203 (a) (West 1982). The parties agree that the product at issue satisfied the applicable federal flammability standard, CS 191-53, and that the exceptions provided by subsections (b) and (c) do not apply.”

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