---
kind: "section"
citation: "15 U.S.C. § 2056d"
title: "15"
title_heading: "Commerce and Trade"
number: "2056d"
heading: "Performance standards to protect against portable fuel container explosions near open flames or other ignition sources"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2056d"
units:
  - "Chapter 47 — Consumer Product Safety"
---

# §2056d. Performance standards to protect against portable fuel container explosions near open flames or other ignition sources

- (a) **Short title—** This section may be cited as the “Portable Fuel Container Safety Act of 2020”.
- (b) **Standards—**
  - (1) **Rule on safety performance standards required—** Not later than 30 months after December 27, 2020, the [Consumer Product](/usc/15/2052.md?p=a-5) Safety [Commission](/usc/15/2052.md?p=a-4) (referred to in this section as the “[Commission](/usc/15/2052.md?p=a-4)”) shall promulgate a final rule to require flame mitigation [devices](/usc/15/55.md?p=d) in portable fuel containers that impede the propagation of flame into the container, except as provided in [paragraph (3)](#b-3).
  - (2) **Rulemaking; consumer product safety standard—** A rule under [paragraph (1)](#b-1)—
    - (A) shall be promulgated in accordance with [section 553 of title 5](/usc/5/553.md); and
    - (B) shall be treated as a [consumer product safety rule](/usc/15/2052.md?p=a-6) promulgated under [section 2058 of this title](/usc/15/2058.md).
  - (3) **Exception—**
    - (A) **Voluntary standard—** [Paragraph (1)](#b-1) shall not apply for a class of portable fuel containers in the scope of this section if the [Commission](/usc/15/2052.md?p=a-4) determines at any time that—
      - (i) there is a voluntary standard for flame mitigation [devices](/usc/15/55.md?p=d) for those containers that impedes the propagation of flame into the container;
      - (ii) the voluntary standard described in [clause (i)](#b-3-A-i) is or will be in effect not later than 18 months after December 27, 2020; and
      - (iii) the voluntary standard described in [clause (i)](#b-3-A-i) is developed by ASTM International or such other standard development organization that the [Commission](/usc/15/2052.md?p=a-4) determines to have met the intent of this section.
    - (B) **Determination required to be published in the Federal Register—** Any determination made by the [Commission](/usc/15/2052.md?p=a-4) under this subsection shall be published in the Federal Register.
  - (4) **Treatment of voluntary standard for purpose of enforcement—** If the [Commission](/usc/15/2052.md?p=a-4) determines that a voluntary standard meets the conditions described in [paragraph (3)(A)](#b-3-A), the requirements of such voluntary standard shall be treated as a [consumer product safety rule](/usc/15/2052.md?p=a-6) promulgated under [section 2058 of this title](/usc/15/2058.md) beginning on the date which is the later of—
    - (A) 180 days after publication of the [Commission](/usc/15/2052.md?p=a-4)’s determination under [paragraph (3)](#b-3); or
    - (B) the effective date contained in the voluntary standard.
  - (5) **Revision of voluntary standard—**
    - (A) **Notice to commission—** If the requirements of a voluntary standard that meet the conditions of [paragraph (3)](#b-3) are subsequently revised, the organization that revised the standard shall notify the [Commission](/usc/15/2052.md?p=a-4) after the final approval of the revision.
    - (B) **Effective date of revision—** Not later than 180 days after the [Commission](/usc/15/2052.md?p=a-4) is notified of a revised voluntary standard described in [subparagraph (A)](#b-5-A) (or such later date as the [Commission](/usc/15/2052.md?p=a-4) determines appropriate), such revised voluntary standard shall become enforceable as a [consumer product safety rule](/usc/15/2052.md?p=a-6) promulgated under [section 2058 of this title](/usc/15/2058.md), in place of the prior version, unless within 90 days after receiving the notice the [Commission](/usc/15/2052.md?p=a-4) determines that the revised voluntary standard does not meet the requirements described in [paragraph (3)](#b-3).
  - (6) **Future rulemaking—** The [Commission](/usc/15/2052.md?p=a-4), at any time after publication of the [consumer product safety rule](/usc/15/2052.md?p=a-6) required by [paragraph (1)](#b-1), a voluntary standard is treated as a [consumer product safety rule](/usc/15/2052.md?p=a-6) under [paragraph (4)](#b-4), or a revision is enforceable as a [consumer product safety rule](/usc/15/2052.md?p=a-6) under [paragraph (5)](#b-5)[^1] may initiate a rulemaking in accordance with [section 553 of title 5](/usc/5/553.md) to modify the requirements or to include any additional provision that the [Commission](/usc/15/2052.md?p=a-4) determines is reasonably necessary to protect the public against flame jetting from a portable fuel container. Any rule promulgated under this subsection shall be treated as a [consumer product safety rule](/usc/15/2052.md?p=a-6) promulgated under [section 2058 of this title](/usc/15/2058.md).
  - (7) **Action required—**
    - (A) **Education campaign—** Not later than 1 year after December 27, 2020, the [Commission](/usc/15/2052.md?p=a-4) shall undertake a campaign to educate consumers about the dangers associated with using or storing portable fuel containers for flammable liquids near an open flame or any other source of ignition.
    - (B) **Summary of actions—** Not later than 2 years after December 27, 2020, the [Commission](/usc/15/2052.md?p=a-4) shall submit to Congress a summary of actions taken by the [Commission](/usc/15/2052.md?p=a-4) in such campaign.
  - (8) **Portable fuel container defined—** In this section, the term “portable fuel container” means any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container)—
    - (A) intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels;
    - (B) that is a [consumer product](/usc/15/2052.md?p=a-5) with a capacity of 5 gallons or less; and
    - (C) that the [manufacturer](/usc/15/2052.md?p=a-11) knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels.
  - (9) **Rule of construction—** This section may not be interpreted to conflict with the [Children](/usc/15/2052.md?p=a-2)’s Gasoline Burn Prevention Act (Public Law 110–278; 122 Stat. 2602).
- (c) **Children’s Gasoline Burn Prevention Act—**
  - (1) **Omitted—**
  - (2) **Applicability—** The amendment made by [paragraph (1)](#c-1) shall take effect 6 months after December 27, 2020.

## Footnotes

[^1]: So in original. Probably should be followed by a comma.

## Source credit

(Pub. L. 116–260, div. FF, title IX, § 901, Dec. 27, 2020, 134 Stat. 3204.)

## Notes

### Editorial Notes

### References in Text

This section, referred to in subsec. (b)(1), (3)(A), (8), and (9), was in the original “this Act”, which was translated as reading “this section”, meaning section 901 of Pub. L. 116–260, div. FF, title IX, Dec. 27, 2020, 134 Stat. 3204, to reflect the probable intent of Congress.

The Children’s Gasoline Burn Prevention Act, referred to in subsecs. (b)(9) and (c), is Pub. L. 110–278, July 17, 2008, 122 Stat. 2602, which is set out as a note under section 2056 of this title.

### Codification

Section was enacted as the Portable Fuel Container Safety Act of 2020, and not as part of the Consumer Product Safety Act which comprises this chapter.

Section is comprised of section 901 of div. FF of Pub. L. 116–260. Subsec. (c)(1) of section 901 of div. FF of Pub. L. 116–260 amended section 2 of Pub. L. 110–278, which is set out in a note under section 2056 of this title.