US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC2531]

 
                        TITLE 19--CUSTOMS DUTIES
 
                CHAPTER 13--TRADE AGREEMENTS ACT OF 1979
 
         SUBCHAPTER II--TECHNICAL BARRIERS TO TRADE (STANDARDS)
 
                Part A--Obligations of the United States
 
Sec. 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

    Nothing in this subchapter may be construed as prohibiting any 
private person, Federal agency, or State agency from engaging in 
standards-related activities that do not create unnecessary obstacles to 
the foreign commerce of the United States. No standards-related activity 
of any private person, Federal agency, or State agency shall be deemed 
to constitute an unnecessary obstacle to the foreign commerce of the 
United States if the demonstrable purpose of the standards-related 
activity is to achieve a legitimate domestic objective including, but 
not limited to, the protection of legitimate health or safety, essential 
security, environmental, or consumer interests and if such activity does 
not operate to exclude imported products which fully meet the objectives 
of such activity.

(Pub. L. 96-39, title IV, Sec. 401, July 26, 1979, 93 Stat. 242; Pub. L. 
103-465, title III, Sec. 351(b), Dec. 8, 1994, 108 Stat. 4955.)


                               Amendments

    1994--Pub. L. 103-465 added subsec. (a), designated existing 
provisions as subsec. (b), and inserted subsec. (b) heading.


                    Effective Date of 1994 Amendment

    Section 352 of title III of Pub. L. 103-465 provided that: ``This 
subtitle [subtitle F (Secs. 351, 352) of title III of Pub. L. 103-465, 
amending this section and sections 2532, 2544, 2571, and 2573 of this 
title and repealing provisions set out below] and the amendments made by 
this subtitle take effect on the date on which the WTO Agreement enters 
into force with respect to the United States [Jan. 1, 1995].''


                             Effective Date

    Section 454 of Pub. L. 96-39, which provided that this subchapter 
was to take effect on Jan. 1, 1980, if the Agreement on Technical 
Barriers to Trade entered into force with respect to the United States 
by that date, was repealed by Pub. L. 103-465, title III, Sec. 351(g), 
Dec. 8, 1994, 108 Stat. 4957.