16 CFR § 1145.5 - Emberizing materials (embers and ash) containing respirable free-form asbestos; risk of cancer associated with inhalation of asbestos fibers.
---
identifier: "/us/cfr/t16/s1145.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "16 CFR § 1145.5 - Emberizing materials (embers and ash) containing respirable free-form asbestos; risk of cancer associated with inhalation of asbestos fibers."
title_number: 16
title_name: "Commercial Practices"
section_number: "1145.5"
section_name: "Emberizing materials (embers and ash) containing respirable free-form asbestos; risk of cancer associated with inhalation of asbestos fibers."
chapter_name: "CONSUMER PRODUCT SAFETY COMMISSION"
subchapter_number: "B"
subchapter_name: "CONSUMER PRODUCT SAFETY ACT REGULATIONS"
part_number: "1145"
part_name: "REGULATION OF PRODUCTS SUBJECT TO OTHER ACTS UNDER THE CONSUMER PRODUCT SAFETY ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 2079(d)."
cfr_part: "1145"
---
# 1145.5 Emberizing materials (embers and ash) containing respirable free-form asbestos; risk of cancer associated with inhalation of asbestos fibers.
(a) The Commission finds that it is in the public interest to regulate the risk of cancer associated with inhalation of asbestos fibers from artificial emberizing materials (embers and ash) containing respirable free-form asbestos under the Consumer Product Safety Act (CPSA) rather than under the Federal Hazardous Substances Act (FHSA) because of the desirability of avoiding possibly lengthy, resource-consuming, inefficient rulemaking proceedings under the FHSA, and because of the availability of civil penalties under the CPSA for knowing noncompliance.
(b) Therefore, artificial emberizing materials (embers and ash) containing respirable free-form asbestos are regulated under the CPSA.
[42 FR 63354, Dec. 15, 1977]