Collapse to view only § 2533. State and private standards-related activities
- § 2531. Certain standards-related activities
- § 2532. Federal standards-related activities
- § 2533. State and private standards-related activities
§ 2531. Certain standards-related activities
(a) No bar to engaging in standards activity
Nothing in this subchapter may be construed—
(1) to prohibit a Federal agency from engaging in activity related to standards-related measures, including any such measure relating to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or
(2) to limit the authority of a Federal agency to determine the level it considers appropriate of safety or of protection of human, animal, or plant life or health, the environment, or consumers.
(b) Unnecessary obstacles
(Pub. L. 96–39, title IV, § 401, July 26, 1979, 93 Stat. 242; Pub. L. 103–465, title III, § 351(b), Dec. 8, 1994, 108 Stat. 4955.)
§ 2532. Federal standards-related activities
No Federal agency may engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States, including, but not limited to, standards-related activities that violate any of the following requirements:
(1) Nondiscriminatory treatment
Each Federal agency shall ensure, in applying standards-related activities with respect to any imported product, that such product is treated no less favorably than are like domestic or imported products, including, but not limited to, when applying tests or test methods, no less favorable treatment with respect to—
(A) the acceptance of the product for testing in comparable situations;
(B) the administration of the tests in comparable situations;
(C) the fees charged for tests;
(D) the release of test results to the exporter, importer, or agents;
(E) the siting of testing facilities and the selection of samples for testing; and
(F) the treatment of confidential information pertaining to the product.
(2) Use of international standards
(A) In general
(B) Application of requirement
For purposes of this paragraph, the following apply:
(i) International standards not appropriate
The reasons for which the basing of a standard on an international standard may not be appropriate include, but are not limited to, the following:
(I) National security requirements.(II) The prevention of deceptive practices.(III) The protection of human health or safety, animal or plant life or health, or the environment.(IV) Fundamental climatic or other geographical factors.(V) Fundamental technological problems.(ii) Regional standards
(3) Performance criteria
(4) Access for foreign suppliers
(Pub. L. 96–39, title IV, § 402, July 26, 1979, 93 Stat. 242; Pub. L. 103–465, title III, § 351(c), Dec. 8, 1994, 108 Stat. 4956; Pub. L. 104–295, § 20(c)(14), Oct. 11, 1996, 110 Stat. 3529.)
§ 2533. State and private standards-related activities
(a) In general
(b) Presidential action
(Pub. L. 96–39, title IV, § 403, July 26, 1979, 93 Stat. 243.)