CPSC OGC Advisory Opinion No. 54

,,_._._

. -.

(

0b /}J. .

~

Mr. Neal

Knox

Dave Wolfe.Publishing

Company

P.O.

Box 3030

Prescott,

Arizona

86301

Dear Mr. Knox:

This

letter

is

in response

to your

inquiry

of October

25,

1973

addressed

to Chairman

Richardo.

Simpson,

concerning

his

remarks

before

the

4th Annual

Product

Liability

Prevention

Conference

with

regard

to the

Consumer

Product

Safety

Commission's

authority

over

ammunition.

).

Hr.

Simpson

stated

during

his

talk

that

while

firearms

are

exempted

from the

Ccmmision's

jurisdiction

under

the

consumer

Product

Snfctv

Act,

we could

probably

ban bullets

under

the

Federal

Hazardous

Substances

Act.

The statenent

was int~nded

to

serve

ar3 .. 1n cx;:i.1c,pl12 in advising

conference

participants

that

persons

shoulu

·not overlook

the

Commission's

authority

based

on the

authorities

the

Commission

pos5csscs

besides

the

Consumer

Product·safety

Act.

Mr. Simp~on further

stated

that

the

Cc~-

mission

recognizes

both

its

direct

and indirect·authority

and

will

use both

with

a great

deal

of discretion.

Firearms

and ammunition

are

both

exempted

from the

Co~-

mission•s

authority

under

tho Consur.,er

Product

Safety

Act

(15

u.s.c.

2051)

by provisions

of section

3(a) (1) (E) thereof.

However,

section

30(a)

of that

Act vested

the

Co:m.,.-nission

with

authority

to administer

the

Federal

Hazardous

Substances

Act

(15 u.s.c.

1261)

which

does

have application

to arr.munition.

Varieties

of aifu~unition

are

subject

to classification

as

banned

hazardous

substances

in accordance

with

sections

2(f) (1)

(A) (vi)

and 2 (q) (1) (B) of the

Federal

Hazardous

Substances

A.ct.

Section

2(f) (1) (A) (vi)

defines

as a hazardous

substance

any sub-

stance

or.mixture

of substances

which generates

pressure

through

decomposition,

~eat

or other

means

(the

definition

is

supplemented

by 16CFR 1500. 3 (c) (7} (i)

(formerly

21CFR 191.1 (m)

stances

in accordance

with

sections

2(f) (1)

(A) (vi)

and 2 (q) (1) (B) of the

Federal

Hazardous

Substances

A.ct.

Section

2(f) (1) (A) (vi)

defines

as a hazardous

substance

any sub-

stance

or.mixture

of substances

which generates

pressure

through

decomposition,

~eat

or other

means

(the

definition

is

supplemented

by 16CFR 1500. 3 (c) (7} (i)

(formerly

21CFR 191.1 (m).

Section

2 (lJ) (1) {D)

prcvi-::2s

for

t:-:.e b .. -::::--~i:\s

c•f

l":~1z:1~·:.'..ous su8s~2n.c:2s

\.~~1-.~!1

it

has been

determined

that

the

degree

or nature

of the

hazard

0b /}J. .

~

(

Mr. Neal Knox

Dave Wolfe Publishing Company

P.O. BOX 3030

Prescott, Arizona 86301

Dear Mr. Knox:

  

This letter is in response to your inquiry of October 25, 1973

addressed to Chairman Richard O. Simpson, concerning his remarks

before the 4th Annual Product Liability Prevention Conference

with regard to the Consumer Product Safety Commission's authority

over ammunition.

Mr. Simpson stated during his talk that while firearms are

exempted from the Commision's jurisdiction under the Consumer

Product Safety Act, we could probably ban bullets under the

Feacral Hazardous Substances Act.

The statement was intended

to serve as an example in advising conference participants that

persons should not overlook the Commission's authority based

on the authorities the Commission possesses besides the Consumer

Product Safety Act.

Mr. Simpson further stated that the Com­

mission recognizes both its direct and indirect'authority and

will use both with a great deal of discretion.

Firearms and ammunition are both exempted from the Com­

mission's authority under the Consumer Product Safety Act (15

U.S.C. 2051) by provisions of section 3(a) (l) (E) thereof.

However, section 30(a) of that Act vested the Commission

with authority to administer the Federal Hazardous Substances

Act (15 U.S.C. 1261) which does have application to ammunition

th with a great deal of discretion.

Firearms and ammunition are both exempted from the Com­

mission's authority under the Consumer Product Safety Act (15

U.S.C. 2051) by provisions of section 3(a) (l) (E) thereof.

However, section 30(a) of that Act vested the Commission

with authority to administer the Federal Hazardous Substances

Act (15 U.S.C. 1261) which does have application to ammunition.

Varieties of ammunition are subject to classification as

banned hazardous substances in accordance with sections 2(f) (l)

(A) (vi) and 2(q) (l) (B) of the Federal Hazardous Substances Act.

Section 2(f) (l) (A) (vi) defines as a hazardous substance any sub­

stance or mixture of substances which generates pressure through

decomposition, heat or other means (the definition is supplemented

by 16CFR 1500.3 (c) (7) (i) (formerly 21CFR 191.1 (m) .

Section

2 (q) (1) (B) proviqcs for the banning of hazardous substances v'hen

it has been determined that the degree or nature of the hazard

involved

ia such

that,

notwithstanding

cautionary

labeling,

the

best

intereetec.of

th.e public

can be adequately

served

only

by

keeping

the

substance

out of the channels

of interstate

commerce.

To date,

no ordinary

ammunition

has been determined

to be a

banned

hazardous

substance.

For your

information~

the on+Y current

regulation

under

the

Federal

Hazardous

Substances

Act pertaining

to

ammunition

is

16CFR'··lS00.83

(a) (6)

(formerly

21 CFR 191.65

(a) (6)

which

exempts

small ·apns ammunition

from the general

labeling

requirements

applicable

to hazardous

substances

and requires

that

retail

con-

tainers

bear:

be a

banned

hazardous

substance.

For your

information~

the on+Y current

regulation

under

the

Federal

Hazardous

Substances

Act pertaining

to

ammunition

is

16CFR'··lS00.83

(a) (6)

(formerly

21 CFR 191.65

(a) (6)

which

exempts

small ·apns ammunition

from the general

labeling

requirements

applicable

to hazardous

substances

and requires

that

retail

con-

tainers

bear:

(l)

tha cornrnon or usual

name cf the ammunition

in

the container;

(2) the

statement,

"WARNrnG -

Keep Out of the

reach

of children,n

or its

practical

equivalent;

and

(3) the

name and place

of business

of the

manufacturer,

packer,

seller,

or distributor.

I trust

that

the

above information

is responsive

to your

questions.

Should

you wish any further

information,

please

let

me know.

Control

#1461

TDzenitis:dg:12/18,

1973

be:

Congressional

Relations

Secretary

Executive

Director

Bureau

of Compliance

Sincerely,

Original

siGned

by

Michael

A. Brown

Michael

A.

Brown

General

Counsel

Office

of

Standards

Coordination

& Appraisal

T. Dzenitis

G.C.

Files

G.C.

Chron

involved is such that, notwithstanding cautionary labeling, the

best interestscof the public can be adequately served only by

keeping the substance out of the channels of interstate commerce.

To date, no ordinary ammunition has been determined to be a

banned hazardous substance.

For your information, the only current regulation under the

Federal Hazardous Substances Act pertaining to ammunition is

16CFR1500.83(a) (6) (formerly 21 CFR 191.65(a) (6) which exempts

small arms ammunition from the general labeling requirements

applicable to hazardous substances and requires that retail con­

tainers bear: (l) the common or usual name of the ammunition in

the container; (2) the statement, "WARNING - Keep Out of the

reach of children," or its practical equivalent; and (3) the

name and place of business of the manufacturer, packer, seller,

or distributor

pts

small arms ammunition from the general labeling requirements

applicable to hazardous substances and requires that retail con­

tainers bear: (l) the common or usual name of the ammunition in

the container; (2) the statement, "WARNING - Keep Out of the

reach of children," or its practical equivalent; and (3) the

name and place of business of the manufacturer, packer, seller,

or distributor.

I trust that the above information is responsive to your

questions.

Should you wish any further information, please let

me know.

Control #1461

TDzenitis:dg:l2/18, 1973

be: Congressional Relations

Secretary

Executive Director

Bureau of Compliance

Sincerely,

Original signed by

Michael A. Brown

Michael A. Brown

General Counsel

Office of Standards Coordination & Appraisal

T. Dzenitis

G.C. Files

G.C. Chron