This provision does not alter the underlying preemption provisions in the Act enforced by the Commission but prohibits the Commission from modifying the application of preemption provisions in the CPSA, FHSA, PPPA, or FFA by a rule, regulation, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of a rule or regulation. This is not intended to prevent the Commission from explaining the scope of Commission rules and standards in order to give guidance to the States and the States’ attorneys general.
The requirements under the Improvement Act and the FHSA are not to be construed to preempt or affect State warning requirements under state laws (e.g., California Proposition 65) that were in effect August 31, 2003 or earlier.
Preemption arises in a number of other sections of the new legislation. The new lead limits for lead paint and lead content preempt state law as do the new provisions on phthalates and ATVs. The provision mandating the voluntary toy standard ASTM F963 as a mandatory consumer product safety standard is also preemptive although there Congress has provided a mechanism to grandfather in certain existing state laws on toy safety. States can submit existing toy safety laws for continued effect by filling out an application form (pdf).
Effective Date: This provision became effective upon enactment, August 14, 2008.
