# CPSC OGC Advisory Opinion No. 9 (1973): CPSC OGC Advisory Opinion No. 9

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/CPSC_AO_9

## Section

- **Citation:** CPSC OGC Advisory Opinion No. 9 (1973)
- **Heading:** CPSC OGC Advisory Opinion No. 9
- **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. 9

## Text

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

## 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_9. Check the current official text before relying on it. Not legal advice.