Product Safety Standard-Making Powers under the Consumer Product Safety Act

AuthorRichard A. Givens
DOI10.1177/0003603X7301800206
Published date01 June 1973
Date01 June 1973
Subject MatterArticle
PRODUCT SAFETY STANIDARD.MAKING POWERS
UNDER THE CONSUMER PRO'DUCT
SAFETY
ACT
by
RICHARD
A.
GIVENS·
The Consumer
Product
Safety Act! represents a new
departure
in the
granting
of express rule-making power to a
federal agency regarding abroad range of consumer products,
with specific sanctions contained in the law for violations of
the rules adopted by the agency.
The coverage of the Act includes almost all products
"distributed
...
for
sale to a consumer
for
use in or around
apermanent or temporary household or residence, a school, in
recreation or otherwise
...
"2
other
than
products specifically
regulated by other agencies, the most important one being
food, drugs, devices
and
cosmetics covered by the Federal
Food,
Drug
and
Cosmetic Act.
The Act creates aConsumer
Product
Safety Commission
consisting of five Commissioners appointed by the President
subject to Senate confirmation, with a Chairman designated
by the President who continues to act as Chairman until the
expiration of his
term
as Commissioner,"
The Commission is authorized to promulgate consumer
product safety
standards
as to "performance, composition,
contents, design, construction, finish, or packaging of a con-
sumer
product,""
or
requiring warnings
or
instrnctions in
connection with produets.s
Regional Director, New York Regional
Office,
FTC.
AUTHOR'S
NOTE:
The views expressed
are
solely my own
and
are
not attributable to any government agency.
1Public Law 92-573.
s Section
3(a)
(1)
(i).
II Section
4(a).
" Section 7( a) (1) .
II Section
7(a)
(2).
243

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT