15 U.S.C. § 2079

Transfers of functions

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(a) Hazardous substances and poisons

The functions of the Secretary of Health, Education, and Welfare under the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.] and the Poison Prevention Packaging Act of 1970 [15 U.S.C. 1471 et seq.] are transferred to the Commission. The functions of the Secretary of Health, Education, and Welfare under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], to the extent such functions relate to the administration and enforcement of the Poison Prevention Packaging Act of 1970, are transferred to the Commission.

(b) Flammable fabrics

The functions of the Secretary of Health, Education, and Welfare, the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics Act [15 U.S.C. 1191 et seq.] are transferred to the Commission. The functions of the Federal Trade Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.], to the extent such functions relate to the administration and enforcement of the Flammable Fabrics Act, are transferred to the Commission.

The functions of the Secretary of Commerce and the Federal Trade Commission under the Act of August 2, 1956 [15 U.S.C. 1211 et seq.] are transferred to the Commission.

(d) Repealed. Pub. L. 110–314, title II, § 237, Aug. 14, 2008, 122 Stat. 3076(e) Transfer of personnel, property, records, etc.; continued application of orders, rules, etc.(1)(A) All personnel, property, records, obligations, and commitments, which are used primarily with respect to any function transferred under the provisions of subsections (a), (b) and (c) of this section shall be transferred to the Commission, except those associated with fire and flammability research in the National Institute of Standards and Technology. The transfer of personnel pursuant to this paragraph shall be without reduction in classification or compensation for one year after such transfer, except that the Chairman of the Commission shall have full authority to assign personnel during such one-year period in order to efficiently carry out functions transferred to the Commission under this section.(B) Any commissioned officer of the Public Health Service who upon the day before the effective date of this section, is serving as such officer primarily in the performance of functions transferred by this chapter to the Commission, may, if such officer so elects, acquire competitive status and be transferred to a competitive position in the Commission subject to subparagraph (A) of this paragraph, under the terms prescribed in paragraphs (3) through (8)(A) of section 15(b) of the Clean Air Amendments of 1970.(2) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges (A) which have been issued, made, granted, or allowed to become effective in the exercise of functions which are transferred under this section by any department or agency, any functions of which are transferred by this section, and (B) which are in effect at the time this section takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Commission, by any court of competent jurisdiction, or by operation of law.(3) The provisions of this section shall not affect any proceedings pending at the time this section takes effect before any department or agency, functions of which are transferred by this section; except that such proceedings, to the extent that they relate to functions so transferred, shall be continued before the Commission. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Commission, by a court of competent jurisdiction, or by operation of law.(4) The provisions of this section shall not affect suits commenced prior to the date this section takes effect and in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this section had not been enacted; except that if before the date on which this section takes effect, any department or agency (or officer thereof in his official capacity) is a party to a suit involving functions transferred to the Commission, then such suit shall be continued by the Commission. No cause of action, and no suit, action, or other proceeding, by or against any department or agency (or officer thereof in his official capacity) functions of which are transferred by this section, shall abate by reason of the enactment of this section. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or the Commission as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter an order which will give effect to the provisions of this paragraph.(f) “Function” defined

For purposes of this section, (1) the term “function” includes power and duty, and (2) the transfer of a function, under any provision of law, of an agency or the head of a department shall also be a transfer of all functions under such law which are exercised by any office or officer of such agency, or department.

(Pub. L. 92–573, § 30, Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94–284, §§ 3(f), 16, May 11, 1976, 90 Stat. 504, 510; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 110–314, title II, § 237, Aug. 14, 2008, 122 Stat. 3076.)Editorial NotesReferences in Text

The Federal Hazardous Substances Act, referred to in subsec. (a), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables.

The Poison Prevention Packaging Act of 1970, referred to in subsec. (a), is Pub. L. 91–601, Dec. 30, 1970, 84 Stat. 1670, which is classified principally to chapter 39A (§ 1471 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1471 of this title and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

The Flammable Fabrics Act, referred to in subsec. (b), is act June 30, 1953, ch. 164, 67 Stat. 111, which is classified generally to chapter 25 (§ 1191 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1191 of this title and Tables.

The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

Act of August 2, 1956, referred to in subsec. (c), is act Aug. 2, 1956, ch. 890, 70 Stat. 953, which is classified generally to chapter 26 (§ 1211 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

For the effective date of this section or, alternatively, the time or date this section takes effect, referred to in subsec. (e)(1)(B), (2), (3), and (4), see section 34(2) of Pub. L. 92–573, set out as an Effective Date note under section 2051 of this title.

Paragraphs (3) through (8)(A) of section 15(b) of the Clean Air Amendments of 1970, referred to in subsec. (e)(1)(B), are pars. (3) through (8)(A) of section 15(b) of Pub. L. 91–604, Dec. 31, 1970, 84 Stat. 1710, which is set out as a note under section 215 of Title 42, The Public Health and Welfare.

Amendments

2008—Subsec. (d). Pub. L. 110–314 struck out subsec. (d). Prior to amendment, text read as follows: “A risk of injury which is associated with a consumer product and which could be eliminated or reduced to a sufficient extent by action under the Federal Hazardous Substances Act, the Poison Prevention Packaging Act of 1970, or the Flammable Fabrics Act may be regulated under this chapter only if the Commission by rule finds that it is in the public interest to regulate such risk of injury under this chapter. Such a rule shall identify the risk of injury proposed to be regulated under this chapter and shall be promulgated in accordance with section 553 of title 5; except that the period to be provided by the Commission pursuant to subsection (c) of such section for the submission of data, views, and arguments respecting the rule shall not exceed thirty days from the date of publication pursuant to subsection (b) of such section of a notice respecting the rule.”

1988—Subsec. (e)(1)(A). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.

1976—Subsec. (a). Pub. L. 94–284, § 3(f), struck out “of the Administrator of the Environmental Protection Agency and” before “of the Secretary of Health, Education, and Welfare” and substituted “Federal Food, Drug, and Cosmetic Act” for “Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Act of 1970”.

Subsec. (d). Pub. L. 94–284, § 16, inserted requirement that the Commission find by a rule, promulgated in accordance with section 553 of title 5, that it is within the public interest to regulate a risk of injury under this chapter which could be eliminated or reduced by action under the enumerated acts.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on the later of 150 days after Oct. 27, 1972, or the date on which at least three members of the Commission first take office, see section 34(2) of Pub. L. 92–573, set out as a note under section 2051 of this title.

Notes of Decisions

Cited in 27 cases (2 in the last 5 years), 1974–2023 · leading case: Forester v. Consum. Prod. Saf. Comm'n, 559 F.2d 774 (D.C. Cir. 1977).

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Forester v. Consum. Prod. Saf. Comm'n, 559 F.2d 774 (D.C. Cir. 1977). · cites it 4× “27, 1972), 15 U.S.C. § 2079 (a) (Supp. V 1975), from the Secretary of Health, Education and Welfare to the Consumer Product Safety Commission.”

Toy Mfrs. of Am., Inc. v. Consum. Prod. Saf. Comm'n, 630 F.2d 70 (2d Cir. 1980). · cites it 3× “See 15 U.S.C. § 2079 (a). In October 1978, following a somewhat lengthy review of the comments received pertaining to the original FDA version of the Small Parts Regulation, the CPSC proposed for public comment its own expanded version of the Small Parts Regulation.”

Butcher v. Robertshaw Controls Co., 550 F. Supp. 692 (D. Maryland 1981). · cites it 2× “15 U.S.C. § 2079 (a) transfers the functions of the then-Secretary of Health, Education and Welfare under the Federal Hazardous Substances Act to the Consumer Product Safety Commission.”

Riegel Textile Corp. v. Celanese Corp., 649 F.2d 894 (2d Cir. 1981). · cites it 2× “15 U.S.C. § 2079 . Like the FHSA, the CPSA was primarily directed to developing safety standards, with a consumer product to be banned only if no safety standard could be devised which would adequately protect the public.”

Gryc Ex Rel. Gryc v. Dayton-Hudson Corp., 297 N.W.2d 727 (Minn. 1980). “Congress made this Act applicable to the Flammable Fabrics Act by delegating the function of promulgating rules and regulations under the Flammable Fabrics Act to the Consumer Product Safety Commission, 15 U.S.C.A. § 2079 . Section 2074(a) of that Act, entitled “Private…”

C.P. Chem. Co., Inc. v. United States of Am. & U.S. Consum. Prod. Saf. Comm'n, 810 F.2d 34 (2d Cir. 1987). “15 U.S.C. § 2079 (d) of the Consumer Product Safety Act provides: A risk of injury which is associated with a consumer product and which could be eliminated or reduced to a sufficient extent by action under the Federal Hazardous Substances Act .”

Pactra Indus., Inc. v. Consum. Prod. Saf. Comm'n, Dap, Inc., Intervenor, Sprayon Prods., Inc., Intervenor, 555 F.2d 677 (9th Cir. 1977). · cites it 2× “The Hazardous Substances Act was originally administered by the Secretary of Health, Education and Welfare, but those functions were transferred to the Consumer Product Safety Commission by the Consumer Product Safety Act of 1972, 15 U.S.C. § 2079 (a). The Commission administers…”

Action on Smoking & Health v. Patricia Roberts Harris, Sec'y of the Dep't of Health & Human Servs., 655 F.2d 236 (D.C. Cir. 1980). “15 U.S.C. § 2079 (a) (1976). In 1974 the Commission denied a petition requesting it to assert jurisdiction over “high tar” cigarettes; the sponsors of this petition, including the American Public Health Association, thereupon filed suit against the Commission.”

Pierce & Stevens Chem. Corp. v. U. S. Consum. Prod. Saf. Comm'n, 439 F. Supp. 247 (W.D.N.Y. 1977). · cites it 2× “I find the transfer of these documents to CPSC from the FDA pursuant to section 30(e)(1)(A) of the Act, 15 U.S.C. § 2079 (e)(1)(A), to be sufficient to bring such documents within the ambit of section 6(b)(1) and to require the CPSC to undertake the mandated responsibilities set…”

Bondie v. Bic Corp., 739 F. Supp. 346 (E.D. Mich. 1990). “15 U.S.C. § 2079 . Thus, the argument goes, since the lighters violate PPPA regulations, they violate CPSA, providing the Bondies with a private right of action under 15 U.”

Nat'l Knitwear Mfrs. Ass'n v. Consum. Prod. Saf. Comm'n, 666 F.2d 81 (4th Cir. 1981). · cites it 2× “1231 (1972), 15 U.S.C. § 2079 . 7 . See 45 Fed.Reg. 73884 (1980).”

Consumers Union of United States, Inc. v. Consum. Prod. Saf. Comm'n, 491 F.2d 810 (2d Cir. 1974). “Pursuant to the Consumer Product Safety Act, 15 U.S.C. § 2079 (a) (1970), the functions of the Secretary of HEW (and through him, the functions of the Commissioner) under the Federal Hazardous Substances Act were transferred on May 14, 1973 to the Consumer Product Safety…”

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