104 STAT. 3124 PUBLIC LAW 101-608 —NOV. 16, 1990 Manufacturing. 15 USC 2054 note. Reports. (e) NOTIFICATION. — Effective on and after July 1, 1991, all manufacturers of automatic residential garage door openers shall, in consultation with the Consumer Product Safety Commission, notify the public of the potential for entrapment by garage doors equipped with automatic garage door openers and advise the public to test their openers for the entrapment protection feature or device required by subsection (b). (f) PREEMPTION. —In applying section 26(a) of the Consumer Product Safety Act (15 U.S.C. 2075) with respect to the consumer product safety rule of the Consumer Product Safety Commission under subsection (a), only those provisions of laws of States or political subdivisions which relate to the labeling of automatic residential garage door openers and those provisions which do not provide at least the equivalent degree of protection from the risk of injury associated with automatic residential garage door openers as the consumer product safety rule provides shall be subject to such section. (g) REGULATIONS.—Section 553 of title 5, United States Code, shall apply with respect to the issuance of any regulations by the Consumer Product Safety Commission to implement the requirements of this section and sections 7 and 9 of the Consumer Product Safety Act do not apply to such issuance. Any additional or revised requirement issued by the Commission shall provide an adequate degree of protection to the public. (h) CONSTRUCTION.— Nothing in this section shall affect or modify in any way the obligations or liabilities of any person under the common law or any Federal or State law. SEC. 204. STUDY OF AVERSIVE AGENTS. The Consumer Product Safety Commission shall conduct a study of requiring manufacturers of consumer products to include aversive agents, as appropriate, in products which present a hazard if ingested to determine the potential effectiveness of the aversive agents in deterring ingestion. In conducting the study, the Commission shall consult with appropriate consumer, health, and business organizations and appropriate government agencies. The Commission shall report to Congress the status of the study within one year of the date of the enactment of this Act and shall complete the study not later than 2 years after such date of enactment. Approved November 16, 1990. LEGISLATIVE HISTORY—S. 605 (H.R. 4952): HOUSE REPORTS: No. 101-567 accompanying H.R. 4952 (Comm. on Energy and Commerce) and No. 101-914 (Comm. of Conference). SENATE REPORTS: No. 101-37 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 135 (1989): Aug. 3, considered and passed Senate. Vol. 136 (1990): July 16, H.R. 4952 considered and passed House; S. 605, amended, passed in lieu. Oct. 22, Senate agreed to conference report. Oct. 25, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Nov. 16, Presidential statement.
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