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Law That Required CPSC to Issue
A Bike Helmet Standard



Summary: This is the law requiring CPSC to issue a bicycle helmet standard. Prior to the passage of this law, CPSC had found that voluntary standards were doing an adequate job of policing the market, and therefore under their Charter they were precluded from issuing a new standard. Proponents of a U.S. Government standard changed that by persuading Congress to pass this law.



CONSUMER PRODUCT SAFETY ACT
BICYCLE HELMETS

[Sec. 205 of Public Law 103-267, 108 Stat. 722, June 16, 1994]

{Not technically part of the Consumer Product Safety Act}

(a) In General.--Bicycle helmets manufactured 9 months or more after the date of the enactment of this Act shall conform to--
(1) any interim standard described under subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once it has been established under subsection (c).

(b) Interim Standards.--The interim standards are as follows:
(1) The American National Standards Institute standard designated as "Z90.4-1984".
(2) The Snell Memorial Foundation standard designated as "B-90".
(3) The American Society for Testing and Materials (ASTM) standard designated as "F 1447".
(4) Any other standard that the Commission determines is appropriate.

(c) Final Standard.--Not later than 60 days after the date of the enactment of this Act, the Commission shall begin a proceeding under section 553 of title 5, United States Code, to--
(1) review the requirements of the interim standards set forth in subsection (a) and establish a final standard based on such requirements;
(2) include in the final standard a provision to protect against the risk of helmets coming off the heads of bicycle riders;
(3) include in the final standard provisions that address the risk of injury to children; and
(4) include additional provisions as appropriate. Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058, 2079(d)) shall not apply to the proceeding under this subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued.

(d) Failure To Meet Standards.--
(1) Failure to meet interim standard.--Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act.
(2) Status of final standard.--The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act.





This page was updated or partially revised on: October 6, 2016. BHSI logo
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