# CPSC OGC Advisory Opinion No. 54 (1973): CPSC OGC Advisory Opinion No. 54 > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/CPSC_AO_54 ## Section - **Citation:** CPSC OGC Advisory Opinion No. 54 (1973) - **Heading:** CPSC OGC Advisory Opinion No. 54 - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** CPSC Office of General Counsel Advisory Opinions / CPSC OGC Advisory Opinion No. 54 ## Text ,,_._._ . -. ( 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 ## Nearby sections - [CPSC OGC Advisory Opinion No. 2 (1973) CPSC OGC Advisory Opinion No. 2](https://www.frixlaw.com/law-library/statutes/CPSC_AO_2.md) - [CPSC OGC Advisory Opinion No. 4 (1973) CPSC OGC Advisory Opinion No. 4](https://www.frixlaw.com/law-library/statutes/CPSC_AO_4.md) - [CPSC OGC Advisory Opinion No. 8 (1973) CPSC OGC Advisory Opinion No. 8](https://www.frixlaw.com/law-library/statutes/CPSC_AO_8.md) - [CPSC OGC Advisory Opinion No. 9 (1973) CPSC OGC Advisory Opinion No. 9](https://www.frixlaw.com/law-library/statutes/CPSC_AO_9.md) - [CPSC OGC Advisory Opinion No. 12 CPSC OGC Advisory Opinion No. 12](https://www.frixlaw.com/law-library/statutes/CPSC_AO_12.md) - [CPSC OGC Advisory Opinion No. 17 (1973) CPSC OGC Advisory Opinion No. 17](https://www.frixlaw.com/law-library/statutes/CPSC_AO_17.md) - [CPSC OGC Advisory Opinion No. 19 (1973) CPSC OGC Advisory Opinion No. 19](https://www.frixlaw.com/law-library/statutes/CPSC_AO_19.md) - [CPSC OGC Advisory Opinion No. 20 (1973) CPSC OGC Advisory Opinion No. 20](https://www.frixlaw.com/law-library/statutes/CPSC_AO_20.md) - [CPSC OGC Advisory Opinion No. 24 (1973) CPSC OGC Advisory Opinion No. 24](https://www.frixlaw.com/law-library/statutes/CPSC_AO_24.md) - [CPSC OGC Advisory Opinion No. 27 (1973) CPSC OGC Advisory Opinion No. 27](https://www.frixlaw.com/law-library/statutes/CPSC_AO_27.md) - [CPSC OGC Advisory Opinion No. 33 (1973) CPSC OGC Advisory Opinion No. 33](https://www.frixlaw.com/law-library/statutes/CPSC_AO_33.md) - [CPSC OGC Advisory Opinion No. 34 (1973) CPSC OGC Advisory Opinion No. 34](https://www.frixlaw.com/law-library/statutes/CPSC_AO_34.md) - [CPSC OGC Advisory Opinion No. 35 (1973) CPSC OGC Advisory Opinion No. 35](https://www.frixlaw.com/law-library/statutes/CPSC_AO_35.md) - [CPSC OGC Advisory Opinion No. 36 (1973) CPSC OGC Advisory Opinion No. 36](https://www.frixlaw.com/law-library/statutes/CPSC_AO_36.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CPSC_AO_54. Check the current official text before relying on it. Not legal advice.