Whenever the Commission finds that—

1. (1) a consumer product is being, or will be, distributed in commerce and such consumer product presents an unreasonable risk of injury; and
2. (2) no feasible consumer product safety standard under this chapter would adequately protect the public from the unreasonable risk of injury associated with such product,

the Commission may, in accordance with section 2058 of this title, promulgate a rule declaring such product a banned hazardous product.

(Pub. L. 92–573, § 8, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 97–35, title XII, § 1203(c), Aug. 13, 1981, 95 Stat. 713.)

Editorial Notes

Amendments

1981—Pub. L. 97–35 substituted “may, in accordance with” for “may propose and, in accordance with”.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.

Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.