15 U.S.C. § 2052: Definitions

The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. between a place in a State and any place outside thereof, or which affects trade, traffic, commerce, or transportation described in subparagraph (A). The term “Commission” means the Consumer Product Safety Commission, established by section 2053 of this title . any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer, tobacco and tobacco products, motor vehicles or motor vehicle equipment (as defined by section 30102(a)(6) and (7) of title 49 1 ), 1 See References in Text note below. pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act [ 7 U.S.C. 136 et seq.]), any article which, if sold by the manufacturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [ 26 U.S.C. 4181 ] (determined without regard to any exemptions from such tax provided by section 4182 or 4221, or any other provision of such Code), or any component of any such article, aircraft, aircraft engines, propellers, or appliances (as defined in section 40102(a) of title 49 ), boats which could be subjected to safety regulation under chapter 43 of title 46; vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation under title 52 of the Revised Statutes or other marine safety statutes administered by the department in which the Coast Guard is operating; and equipment (including associated equipment, as defined in section 2101(1) of title 46 ) to the extent that a risk of injury associated with the use of such equipment on boats or vessels could be eliminated or reduced by actions taken under any statute referred to in this subparagraph, drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act [ 21 U.S.C. 321(g) , (h), and (i)]), or food. The term “food”, as used in this subparagraph means all “food”, as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [ 21 U.S.C. 321(f) ], including poultry and poultry products (as defined in sections 4(e) and (f) of the Poultry Products Inspection Act [ 21 U.S.C. 453(e) and (f)]), meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act [ 21 U.S.C. 601(j) ]), and eggs and egg products (as defined in section 4 of the Egg Products Inspection Act [ 21 U.S.C. 1033 ]). The term “consumer product safety rule” means a consumer products safety standard described in section 2056(a) of this title , or a rule under this chapter declaring a consumer product a banned hazardous product. The terms “to distribute in commerce” and “distribution in commerce” mean to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. The term “distributor” means a person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product. The terms “import” and “importation” include reimporting a consumer product manufactured or processed, in whole or in part, in the United States. The term “manufactured” means to manufacture, produce, or assemble. The term “manufacturer” means any person who manufactures or imports a consumer product. The term “private labeler” means an owner of a brand or trademark on the label of a consumer product which bears a private label. A consumer product bears a private label if (i) the product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of the product, (ii) the person with whose brand or trademark the product (or container) is labeled has authorized or caused the product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label. The term “retailer” means a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer. The term “risk of injury” means a risk of death, personal injury, or serious or frequent illness. The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, or the Trust Territory of the Pacific Islands. The term “third-party logistics provider” means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product. The term “United States”, when used in the geographic sense, means all of the States (as defined in paragraph (10)). 2 2 So in original. Probably should refer to paragraph (15). A common carrier, contract carrier, third-party logistics provider, or freight forwarder shall not, for purposes of this chapter, be deemed to be a manufacturer, distributor, or retailer of a consumer product solely by reason of receiving or transporting a consumer product in the ordinary course of its business as such a carrier or forwarder. Except as provided in subsection (b), the amendments made by this subtitle [see Short Title of 1981 Amendment note set out under section 2051 of this title ] shall take effect on the date of the enactment of this Act [ Aug. 13, 1981 ]. The amendments made by section 1207 [enacting sections 1204, 1276, and 2083 of this title and amending section 2076 of this title ] shall apply with respect to consumer product safety rules under the Consumer Product Safety Act [this chapter] and regulations under the Federal Hazardous Substances Act [section 1261 et seq. of this title] and the Flammable Fabrics Act [section 1191 et seq. of this title] promulgated by the Consumer Product Safety Commission after the date of the enactment of this Act [ Aug. 13, 1981 ]; and the amendments made by sections 1202, 1203, and 1206 of this subtitle [enacting section 2077 of this title and amending sections 1193, 1262, 2056, 2057, 2058, and 2080 of this title] shall apply with respect to regulations under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act for which notices of proposed rulemaking are issued after August 14, 1981 .”