15 U.S. Code § 788 - Use of commercial standards
(a) General notice of proposed rulemaking
If any proposed rule by the Administrator contains any commercial standards, or specifically authorizes or requires the use of any such standards, then any general notice of the proposed rulemaking shall—
(b) Promulgation of commercial standards
An organization complies with the requirements of this subsection in promulgating any commercial standards if—
(1) it gives interested persons adequate notice of the proposed promulgation of the standards and an opportunity to participate in the promulgation process through the presentation of their views in hearings or meetings which are open to the public;
(2) the membership of the organization at the time of the promulgation of the standards is sufficiently balanced so as to allow for the effective representation of all interested persons;
(3) before promulgating such standards, it makes available to the public any records of proceedings of the organization, and any documents, letters, memorandums, and materials, relating to such standards; and
(c) Consultation with Attorney General and Chairman of Federal Trade Commission; impact of rules on competition
The Administrator shall not incorporate within any rule, nor prescribe any rule specifically authorizing or requiring the use of, any commercial standards unless he has consulted with the Attorney General and the Chairman of the Federal Trade Commission concerning the impact of such standards on competition and neither such individual recommends against such incorporation or use.
(d) Rules relating to Administration procurement activities
The foregoing provisions of this section shall not apply with respect to rules prescribed by the Administrator which relate to the procurement activities of the Administration.
(e) Participation of Administration employees in organizations relating to promulgation of commercial standards
Not later than 90 days after July 21, 1977, the Administrator shall prescribe, by rule, guidelines or criteria which set forth the extent to which, and the terms and conditions under which, employees of the Administration may participate in their official capacity in the activities of any organization (which is not a Federal entity) which relate to the promulgation of commercial standards. Such guidelines and criteria may allow for such participation if it is in the public interest and relates to the purposes of this chapter, but in no event may such employees who are participating in their official capacity be allowed under such guidelines or criteria to vote on any matter relating to commercial standards.
(f) “Commercial standards” defined
As used in this section, the term “commercial standards” means—
(7) measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or
which are promulgated by any organization which is not a Federal entity. For purposes of the preceding sentence, any revision by any such organization of any such rule, procedure, requirement, or standard shall be considered to be the same as the promulgation of such standard.
Source(Pub. L. 93–275, § 32, as added Pub. L. 95–70, § 9,July 21, 1977, 91 Stat. 278.)
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