CPSC OGC Advisory Opinion No. 9

July

12,

1973

Jim Hoebcl

Michael

A.

NEISS Product

Coda Listing:

It~ms

Not Under

CPSC Ju4isdiction

An examination

of the

NEISS Prod:1ct

Code Listing

raveals

{1}

several

products

which

arc

::-iot under

the

jurisdiction

of the

Commission;

(2) many which

are

clearly

covered;

(3)

several

which

are

questionable

bccausa

they

are

arguably

outside

the

.scope

of the

definition

of

"conswner

product"

in section

3 of th~ CPSA, or because

jurisdiction

is

limited

under

section

31 of the

Act';

and

{ 4) a few which

are

subject

to the

concurrent

jurisdiction

of th~

CPSC and one

or more

other

federal

agencies.

Exa.'1'.ples

of

this

fourth

cab;gory

arc

( 1) micrm·:ave

ovens

which

ar.:,~ subjec~

regulation

by

tr..c:! 13ur. of R.::diological

Health,

FDA as

far

as

their

radiation

hnzards

are

concerned,

a'Qp CP3C for

other

hazards;

(2)

eyc<:5lasses

c:1nd stmg~_asses

,•:hich

are

excluded

unc.er

the

CPSA :Cecc:.us8

they

are

"devices"

under

the

FD & C Act~

but

those

intended

for

use

by children

are

subject

to concurrent

jurisdiction

under

the

FHSA; and

(3)

foccls,

drugs,

and

._::osmetics

excluded

under

the

FHS.il. and

CPSA, but

subject

to concurrent

jurisdiction

with

FDA under

the

PPPA.

Examples

of the

questionable

category

include

utility

meter~

trains,

construction

materials,

and farm

equipment.

Resolution

of the

categorization

of these

products

must

await

treatment

on a case

~y case

basis.

The follo"7ing

product

codes

appear

at

this

time

not

to be

within

the

jurisdiction

of

the

Commission:

1910

1635

1907

1624

-I

1906

1511

1901

1203

1717 -

ADULT

1706

ADULT

I will

keep

you

informed

from

time

to time

as changes

occur,

or when more definit~

statements

of

jurisdictional

authority

can be made with

regard

to particular

product

or categories

of products.

SLemberg:jh

7-12-73

gc file

gc chron