CHAPTER 47 —CONSUMER PRODUCT SAFETY
§2051. Congressional findings and declaration of purpose
(a) The Congress finds that—
(1) an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce;
(2) complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately;
(3) the public should be protected against unreasonable risks of injury associated with consumer products;
(4) control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers;
(5) existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and
(6) regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this chapter.
(b) The purposes of this chapter are—
(1) to protect the public against unreasonable risks of injury associated with consumer products;
(2) to assist consumers in evaluating the comparative safety of consumer products;
(3) to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and
(4) to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.
(
Effective Date of 2008 Amendment
"(1)
"(2)
Effective Date
"(1) sections 4 and 32 [
"(2) section 30 [
Short Title of 2013 Amendment
Short Title of 2008 Amendment
Short Title of 1990 Amendment
Short Title of 1981 Amendment
Short Title of 1978 Amendment
Short Title of 1976 Amendment
Short Title
Authority To Issue Implementing Regulations
Severability
Preemption
"(a)
"(b)
Definitions
"(a)
"(1) the term 'appropriate Congressional committees' means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and
"(2) the term 'Commission' means the Consumer Product Safety Commission."
§2052. Definitions
(a) In general
In this chapter:
(1) Appropriate Congressional committees
The term "appropriate Congressional committees" means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) Children's product
The term "children's product" means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:
(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
(3) Commerce
The term "commerce" means trade, traffic, commerce, or transportation—
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).
(4) Commission
The term "Commission" means the Consumer Product Safety Commission, established by
(5) Consumer product
The term "consumer product" means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include—
(A) any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer,
(B) tobacco and tobacco products,
(C) motor vehicles or motor vehicle equipment (as defined by section 30102(a)(6) and (7) of title 49 1),
(D) pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act [
(E) any article which, if sold by the manufacturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [
(F) aircraft, aircraft engines, propellers, or appliances (as defined in
(G) boats which could be subjected to safety regulation under
(H) drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act [
(I) food. The term "food", as used in this subparagraph means all "food", as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [
Such term includes any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, which is customarily controlled or directed by an individual who is employed for that purpose and who is not a consumer with respect to such device, and which is not permanently fixed to a site. Such term does not include such a device which is permanently fixed to a site. Except for the regulation under this chapter or the Federal Hazardous Substances Act [
(6) Consumer product safety rule
The term "consumer product safety rule" means a consumer products safety standard described in
(7) Distribute in commerce; distribution in commerce
The terms "to distribute in commerce" and "distribution in commerce" mean to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce.
(8) Distributor
The term "distributor" means a person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product.
(9) Import; importation
The terms "import" and "importation" include reimporting a consumer product manufactured or processed, in whole or in part, in the United States.
(10) Manufactured
The term "manufactured" means to manufacture, produce, or assemble.
(11) Manufacturer
The term "manufacturer" means any person who manufactures or imports a consumer product.
(12) Private labeler
(A) The term "private labeler" means an owner of a brand or trademark on the label of a consumer product which bears a private label.
(B) A consumer product bears a private label if (i) the product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of the product, (ii) the person with whose brand or trademark the product (or container) is labeled has authorized or caused the product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label.
(13) Retailer
The term "retailer" means a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer.
(14) Risk of injury
The term "risk of injury" means a risk of death, personal injury, or serious or frequent illness.
(15) State
The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, or the Trust Territory of the Pacific Islands.
(16) Third-party logistics provider
The term "third-party logistics provider" means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product.
(17) United States
The term "United States", when used in the geographic sense, means all of the States (as defined in paragraph (10)).2
(b) Common carriers, contract carriers, third-party logistics provider, and freight forwarders
A common carrier, contract carrier, third-party logistics provider, or freight forwarder shall not, for purposes of this chapter, be deemed to be a manufacturer, distributor, or retailer of a consumer product solely by reason of receiving or transporting a consumer product in the ordinary course of its business as such a carrier or forwarder.
(
References in Text
Section 30102(a)(6) and (7) of title 49, referred to in subsec. (a)(5)(C), was redesignated section 30102(a)(7) and (8) of title 49 by section 24109(b)(2) of
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (a)(5)(D), is act June 25, 1947, ch. 125, as amended generally by
Title 52 of the Revised Statutes, referred to in subsec. (a)(5)(G), consisted of R.S. §§4399 to 4500, which were classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of former Title 46, Shipping. For complete classification of R.S. §§4399 to 4500 to the Code, see Tables. A majority of such sections of the Revised Statutes were repealed and various provisions thereof were reenacted in Title 46, Shipping, by
The Federal Hazardous Substances Act, referred to in the provisions following subsec. (a)(5)(I), is
For definition of Canal Zone, referred to in subsec. (a)(15), see
Codification
In subsec. (a)(5)(C), (F), "section 30102(a)(6) and (7) of title 49" substituted for "sections 102(3) and (4) of the National Traffic and Motor Vehicle Safety Act of 1966 [
In subsec. (a)(5)(G), "
Amendments
2008—Subsec. (a).
Subsec. (a)(15) to (17).
Subsec. (b).
1986—Subsec. (a)(1)(E).
1981—Subsec. (a)(1).
1976—Subsec. (a)(1).
Effective Date of 1981 Amendment
"(a) Except as provided in subsection (b), the amendments made by this subtitle [see Short Title of 1981 Amendment note set out under
"(b) The amendments made by section 1207 [enacting
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
1 See References in Text note below.
2 So in original. Probably should refer to paragraph (15).
§2053. Consumer Product Safety Commission
(a) Establishment; Chairman
An independent regulatory commission is hereby established, to be known as the Consumer Product Safety Commission, consisting of five Commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. In making such appointments, the President shall consider individuals who, by reason of their background and expertise in areas related to consumer products and protection of the public from risks to safety, are qualified to serve as members of the Commission. The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, from among the members of the Commission. An individual may be appointed as a member of the Commission and as Chairman at the same time. Any member of the Commission may be removed by the President for neglect of duty or malfeasance in office but for no other cause.
(b) Term; vacancies
(1) Except as provided in paragraph (2), (A) the Commissioners first appointed under this section shall be appointed for terms ending three, four, five, six, and seven years, respectively, after October 27, 1972, the term of each to be designated by the President at the time of nomination; and (B) each of their successors shall be appointed for a term of seven years from the date of the expiration of the term for which his predecessor was appointed.
(2) Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A Commissioner may continue to serve after the expiration of this term until his successor has taken office, except that he may not so continue to serve more than one year after the date on which his term would otherwise expire under this subsection.
(c) Restrictions on Commissioner's outside activities
Not more than three of the Commissioners shall be affiliated with the same political party. No individual (1) in the employ of, or holding any official relation to, any person engaged in selling or manufacturing consumer products, or (2) owning stock or bonds of substantial value in a person so engaged, or (3) who is in any other manner pecuniarily interested in such a person, or in a substantial supplier of such a person, shall hold the office of Commissioner. A Commissioner may not engage in any other business, vocation, or employment.
(d) Quorum; seal; Vice Chairman
No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission, but three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only three members serving on the Commission because of vacancies in the Commission, two members of the Commission shall constitute a quorum for the transaction of business, and if there are only two members serving on the Commission because of vacancies in the Commission, two members shall constitute a quorum for the six month period beginning on the date of the vacancy which caused the number of Commission members to decline to two. The Commission shall have an official seal of which judicial notice shall be taken. The Commission shall annually elect a Vice Chairman to act in the absence or disability of the Chairman or in case of a vacancy in the office of the Chairman.
(e) Offices
The Commission shall maintain a principal office and such field offices as it deems necessary and may meet and exercise any of its powers at any other place.
(f) Functions of Chairman; request for appropriations
(1) The Chairman of the Commission shall be the principal executive officer of the Commission, and he shall exercise all of the executive and administrative functions of the Commission, including functions of the Commission with respect to (A) the appointment and supervision of personnel employed under the Commission (other than personnel employed regularly and full time in the immediate offices of commissioners other than the Chairman), (B) the distribution of business among personnel appointed and supervised by the Chairman and among administrative units of the Commission, and (C) the use and expenditure of funds.
(2) In carrying out any of his functions under the provisions of this subsection the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.
(3) Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chairman without the prior approval of the Commission.
(g) Executive Director; officers and employees
(1)(A) The Chairman, subject to the approval of the Commission, shall appoint as officers of the Commission an Executive Director, a General Counsel, an Associate Executive Director for Engineering Sciences, an Associate Executive Director for Epidemiology, an Associate Executive Director for Compliance and Administrative Litigation, an Associate Executive Director for Health Sciences, an Associate Executive Director for Economic Analysis, an Associate Executive Director for Administration, an Associate Executive Director for Field Operations, a Director for Office of Program, Management, and Budget, and a Director for Office of Information and Public Affairs. Any other individual appointed to a position designated as an Associate Executive Director shall be appointed by the Chairman, subject to the approval of the Commission. The Chairman may only appoint an attorney to the position of Associate Executive Director of Compliance and Administrative Litigation except the position of acting Associate Executive Director of Compliance and Administrative Litigation.
(B)(i) No individual may be appointed to such a position on an acting basis for a period longer than 90 days unless such appointment is approved by the Commission.
(ii) The Chairman, with the approval of the Commission, may remove any individual serving in a position appointed under subparagraph (A).
(C) Subparagraph (A) shall not be construed to prohibit appropriate reorganizations or changes in classification.
(2) The Chairman, subject to subsection (f)(2), may employ such other officers and employees (including attorneys) as are necessary in the execution of the Commission's functions.
(3) In addition to the number of positions authorized by
(4) The appointment of any officer (other than a Commissioner) or employee of the Commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President.
(5) The Chairman may provide to officers and employees of the Commission who are appointed or assigned by the Commission to serve abroad (as defined in section 102 of the Foreign Service Act of 1980 (
(h) Omitted
(i) Civil action against United States
Subsections (a) and (h) of
(1) is based upon—
(A) misrepresentation or deceit on the part of the Commission or any employee thereof, or
(B) any exercise or performance, or failure to exercise or perform, a discretionary function on the part of the Commission or any employee thereof, which exercise, performance, or failure was grossly negligent; and
(2) is not made with respect to any agency action (as defined in
In the case of a civil action on a claim based upon the exercise or performance of, or failure to exercise or perform, a discretionary function, no judgment may be entered against the United States unless the court in which such action was brought determines (based upon consideration of all the relevant circumstances, including the statutory responsibility of the Commission and the public interest in encouraging rather than inhibiting the exercise of discretion) that such exercise, performance, or failure to exercise or perform was unreasonable.
(j) Agenda and priorities; establishment and comments
At least 30 days before the beginning of each fiscal year, the Commission shall establish an agenda for Commission action under the Acts under its jurisdiction and, to the extent feasible, shall establish priorities for such actions. Before establishing such agenda and priorities, the Commission shall conduct a public hearing on the agenda and priorities and shall provide reasonable opportunity for the submission of comments.
(
References in Text
The Foreign Service Act of 1980, referred to in subsec. (g)(5), is
Codification
Subsec. (h) of this section amended
Amendments
2011—Subsec. (g)(5).
1990—Subsec. (a).
Subsec. (d).
Subsec. (g)(1).
Subsec. (j).
1980—Subsec. (g)(2).
1978—Subsec. (a).
Subsec. (i)(1)(A), (B).
1976—Subsec. (f)(3).
Subsec. (g).
Subsec (i).
Effective Date of 1990 Amendment
Effective Date
Section effective Oct. 27, 1972, see section 34(1) of
Interim Quorum
Upgrade of Commission Information Technology Systems
Reduction in Number of Commissioners
[
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
1 See References in Text note below.
§2053a. Employee training exchanges
(a) In general
The Commission may—
(1) retain or employ officers or employees of foreign government agencies on a temporary basis pursuant to
(2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies for the purpose of providing or receiving training.
(b) Reciprocity and reimbursement
The Commission may execute the authority contained in subsection (a) with or without reimbursement in money or in kind, and with or without reciprocal arrangements by or on behalf of the foreign government agency involved. Any amounts received as reimbursement for expenses incurred by the Commission under this section shall be credited to the appropriations account from which such expenses were paid.
(c) Standards of conduct
An individual retained or employed under subsection (a)(1) shall be considered to be a Federal employee while so retained or employed, only for purposes of—
(1) injury compensation as provided in
(2) the Ethics in Government Act (5 U.S.C. App.) and the provisions of
(3) any other statute or regulation governing the conduct of Federal employees.
(
References in Text
The Ethics in Government Act, referred to in subsec. (c)(2), probably means the Ethics in Government Act of 1978,
Codification
Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter.
Definition
For definition of "Commission" used in this section, see section 2(a) of
§2054. Product safety information and research
(a) Injury Information Clearinghouse; duties
The Commission shall—
(1) maintain an Injury Information Clearinghouse to collect, investigate, analyze, and disseminate injury data, and information, relating to the causes and prevention of death, injury, and illness associated with consumer products;
(2) conduct such continuing studies and investigations of deaths, injuries, diseases, other health impairments, and economic losses resulting from accidents involving consumer products as it deems necessary;
(3) following publication of a notice of proposed rulemaking for a product safety rule under any rulemaking authority administered by the Commission, assist public and private organizations or groups of manufacturers, administratively and technically, in the development of safety standards addressing the risk of injury identified in such notice; and
(4) to the extent practicable and appropriate (taking into account the resources and priorities of the Commission), assist public and private organizations or groups of manufacturers, administratively and technically, in the development of product safety standards and test methods.
(b) Research, investigation and testing of consumer products
The Commission may—
(1) conduct research, studies, and investigations on the safety of consumer products and on improving the safety of such products;
(2) test consumer products and develop product safety test methods and testing devices; and
(3) offer training in product safety investigation and test methods.
(c) Grants and contracts for conduct of functions
In carrying out its functions under this section, the Commission may make grants or enter into contracts for the conduct of such functions with any person (including a governmental entity).
(d) Availability to public of information
Whenever the Federal contribution for any information, research, or development activity authorized by this chapter is more than minimal, the Commission shall include in any contract, grant, or other arrangement for such activity, provisions effective to insure that the rights to all information, uses, processes, patents, and other developments resulting from that activity will be made available to the public without charge on a nonexclusive basis. Nothing in this subsection shall be construed to deprive any person of any right which he may have had, prior to entering into any arrangement referred to in this subsection, to any patent, patent application, or invention.
(
Amendments
2008—Subsec. (a)(3).
1981—Subsec. (a)(3), (4).
Subsec. (b)(3).
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Study of Aversive Agents
Fire Safe Cigarette Act of 1990
"SECTION 1. SHORT TITLE; FINDINGS.
"(a)
"(b)
"(1) cigarette-ignited fires are the leading cause of fire deaths in the United States,
"(2) in 1987, there were 1,492 deaths from cigarette-ignited fires, 3,809 serious injuries, and $395,000,000 in property damage caused by such fires,
"(3) the final report of the Technical Study Group on Cigarette and Little Cigar Fire Safety under the Cigarette Safety Act of 1984 [set out below] determined that (A) it is technically feasible and may be commercially feasible to develop a cigarette that will have a significantly reduced propensity to ignite furniture and mattresses, and (B) the overall impact on other aspects of the United States society and economy may be minimal,
"(4) the final report of the Technical Study Group on Cigarette and Little Cigar Fire Safety under the Cigarette Safety Act of 1984 further determined that the value of a cigarette with less of a likelihood to ignite furniture and mattresses which would prevent property damage and personal injury and loss of life is economically incalculable,
"(5) it is appropriate for the Congress to require by law the completion of the research described in the final report of the Technical Study Group on Cigarette and Little Cigar Fire Safety and an assessment of the practicability of developing a performance standard to reduce cigarette ignition propensity, and
"(6) it is appropriate for the Consumer Product Safety Commission to utilize its expertise to complete the recommendations for further work and report to Congress in a timely fashion.
"SEC. 2. COMPLETION OF FIRE SAFETY RESEARCH.
"(a)
"(1) develop a standard test method to determine cigarette ignition propensity,
"(2) compile performance data for cigarettes using the standard test method developed under paragraph (1), and
"(3) conduct laboratory studies on and computer modeling of ignition physics to develop valid, user-friendly predictive capability.
The Commission shall make such request not later than the expiration of 30 days after the date of the enactment of this Act [Aug. 10, 1990].
"(b)
"(1) design and implement a study to collect baseline and followup data about the characteristics of cigarettes, products ignited, and smokers involved in fires, and
"(2) develop information on societal costs of cigarette-ignited fires.
"(c)
"SEC. 3. ADVISORY GROUP.
"(a)
"(b)
"SEC. 4. REPORTS.
"The Chairman of the Consumer Product Safety Commission, in consultation with the Technical Advisory Group, shall submit to Congress three reports on the activities undertaken under section 2 as follows: The first such report shall be made not later than 13 months after the date of the enactment of this Act [Aug. 10, 1990], the second such report shall be made not later than 25 months after such date, and the final such report shall be made not later than 36 months after such date.
"SEC. 5. CONFIDENTIALITY.
"(a)
"(b)
Additional Reporting Time
Cigarette Safety Act of 1984
"(1) the Chairman of the Consumer Product Safety Commission, who shall be the Chairman of the Interagency Committee;
"(2) the United States Fire Administrator in the Federal Emergency Management Agency, who shall be the Vice Chairman of the Interagency Committee; and
"(3) the Assistant Secretary of Health in the Department of Health and Human Services.
"(b) The Interagency Committee shall direct, oversee, and review the work of the Technical Study Group on Cigarette and Little Cigar Fire Safety (established under section 3) conducted under section 4 and shall make such policy recommendations to the Congress as it deems appropriate. The Interagency Committee may retain and contract with such consultants as it deems necessary to assist the Study Group in carrying out its functions under section 4. The Interagency Committee may request the head of any Federal department or agency to detail any of the personnel of the department or agency to assist the Interagency Committee or the Study Group in carrying out its responsibilities. The authority of the Interagency Committee to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
"(c) For the purpose of carrying out section 4, the Interagency Committee or the Study Group, with the advice and consent of the Interagency Committee, may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Interagency Committee or the Study Group considers appropriate.
"
"(1) one scientific or technical representative each from the Consumer Product Safety Commission, the Center for Fire Research of the National Institute of Standards and Technology, the National Cancer Institute, the Federal Trade Commission, and the Federal Emergency Management Agency, the appointment of whom shall be made by the heads of those agencies;
"(2) four scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, from a list of individuals submitted by the Tobacco Institute;
"(3) two scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, who are selected from lists of individuals submitted by the following organizations: the American Burn Association, the American Public Health Association, and the American Medical Association;
"(4) two scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, who are selected from lists of individuals submitted by the following organizations: the National Fire Protection Association, the International Association of Fire Chiefs, the International Association of Fire Fighters, the International Society of Fire Service Instructors, and the National Volunteer Fire Council; and
"(5) one scientific or technical representative appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, from lists of individuals submitted by the Business and Institutional Furniture Manufacturers Association and one scientific or technical representative appointed by the Chairman, by and with the advice and consent of the Interagency Committee, from lists of individuals submitted by the American Furniture Manufacturers Association.
"(b) The persons appointed to serve on the Study Group may designate, with the advice and consent of the Interagency Committee, from among their number such persons to serve as team leaders, coordinators, or chairpersons as they deem necessary or appropriate to carry out the Study Group's functions under section 4.
"(b) Subsection (a) does not authorize the withholding of any information from any duly authorized subcommittee or committee of the Congress, except that if a subcommittee or committee of the Congress requests the Interagency Committee to provide such information, the Chairman of the Interagency Committee shall notify the person who provided the information of such a request in writing.
"(c) The Interagency Committee shall, on the vote of a majority of its members, adopt reasonable procedures to protect the confidentiality of trade secret and confidential information, as defined in this section.
§2055. Public disclosure of information
(a) Disclosure requirements for manufacturers or private labelers; procedures applicable
(1) Nothing contained in this Act shall be construed to require the release of any information described by subsection (b) of
(2) All information reported to or otherwise obtained by the Commission or its representative under this Act which information contains or relates to a trade secret or other matter referred to in
(3) The Commission shall, prior to the disclosure of any information which will permit the public to ascertain readily the identity of a manufacturer or private labeler of a consumer product, offer such manufacturer or private labeler an opportunity to mark such information as confidential and therefore barred from disclosure under paragraph (2). A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission's offer.
(4) All information that a manufacturer or private labeler has marked to be confidential and barred from disclosure under paragraph (2), either at the time of submission or pursuant to paragraph (3), shall not be disclosed, except in accordance with the procedures established in paragraphs (5) and (6).
(5) If the Commission determines that a document marked as confidential by a manufacturer or private labeler to be barred from disclosure under paragraph (2) may be disclosed because it is not confidential information as provided in paragraph (2), the Commission shall notify such person in writing that the Commission intends to disclose such document at a date not less than 10 days after the date of receipt of notification.
(6) Any person receiving such notification may, if he believes such disclosure is barred by paragraph (2), before the date set for release of the document, bring an action in the district court of the United States in the district in which the complainant resides, or has his principal place or business, or in which the documents are located, or in the United States District Court for the District of Columbia to restrain disclosure of the document. Any person receiving such notification may file with the appropriate district court or court of appeals of the United States, as appropriate, an application for a stay of disclosure. The documents shall not be disclosed until the court has ruled on the application for a stay.
(7) Nothing in this Act shall authorize the withholding of information by the Commission or any officer or employee under its control from the duly authorized committees or subcommittees of the Congress, and the provisions of paragraphs (2) through (6) shall not apply to such disclosures, except that the Commission shall immediately notify the manufacturer or private labeler of any such request for information designated as confidential by the manufacturer or private labeler.
(8) The provisions of paragraphs (2) through (6) shall not prohibit the disclosure of information to other officers, employees, or representatives of the Commission (including contractors) concerned with carrying out this Act or when relevant in any administrative proceeding under this Act or in judicial proceedings to which the Commission is a party. Any disclosure of relevant information—
(A) in Commission administrative proceedings or in judicial proceedings to which the Commission is a party, or
(B) to representatives of the Commission (including contractors),
shall be governed by the rules of the Commission (including in camera review rules for confidential material) for such proceedings or for disclosures to such representatives or by court rules or orders, except that the rules of the Commission shall not be amended in a manner inconsistent with the purposes of this section.
(b) Additional disclosure requirements for manufacturers or private labelers; procedures applicable
(1) Except as provided by paragraph (4) of this subsection, not less than 15 days prior to its public disclosure of any information obtained under this Act, or to be disclosed to the public in connection therewith (unless the Commission publishes a finding that the public health and safety requires a lesser period of notice), the Commission shall, to the extent practicable, notify and provide a summary of the information to, each manufacturer or private labeler of any consumer product to which such information pertains, if the manner in which such consumer product is to be designated or described in such information will permit the public to ascertain readily the identity of such manufacturer or private labeler, and shall provide such manufacturer or private labeler with a reasonable opportunity to submit comments to the Commission in regard to such information. The Commission shall take reasonable steps to assure, prior to its public disclosure thereof, that information from which the identity of such manufacturer or private labeler may be readily ascertained is accurate, and that such disclosure is fair in the circumstances and reasonably related to effectuating the purposes of this Act. In disclosing any information under this subsection, the Commission may, and upon the request of the manufacturer or private labeler shall, include with the disclosure any comments or other information or a summary thereof submitted by such manufacturer or private labeler to the extent permitted by and subject to the requirements of this section.
(2) If the Commission determines that a document claimed to be inaccurate by a manufacturer or private labeler under paragraph (1) should be disclosed because the Commission believes it has complied with paragraph (1), the Commission shall notify the manufacturer or private labeler that the Commission intends to disclose such document at a date not less than 5 days after the date of the receipt of notification. The Commission may provide a lesser period of notice of intent to disclose if the Commission publishes a finding that the public health and safety requires a lesser period of notice.
(3)(A) Prior to the date set for release of the document, the manufacturer or private labeler receiving the notice described in paragraph (2) may bring an action in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the documents are located or in the United States District Court for the District of Columbia to enjoin disclosure of the document. The district court may enjoin such disclosure if the Commission has failed to take the reasonable steps prescribed in paragraph (1).
(B) If the Commission determines that the public health and safety requires expedited consideration of an action brought under subparagraph (A), the Commission may file a request with the District Court for such expedited consideration. If the Commission files such a request, the District Court shall—
(i) assign the matter for hearing at the earliest possible date;
(ii) give precedence to the matter, to the greatest extent practicable, over all other matters pending on the docket of the court at the time;
(iii) expedite consideration of the matter to the greatest extent practicable; and
(iv) grant or deny the requested injunction within 30 days after the date on which the Commission's request was filed with the court.
(4) Paragraphs (1) through (3) of this subsection shall not apply to the public disclosure of (A) information about any consumer product with respect to which product the Commission has filed an action under
(5) In addition to the requirements of paragraph (1), the Commission shall not disclose to the public information submitted pursuant to
(A) the Commission has issued a complaint under section 2064(c) or (d) of this title alleging that such product presents a substantial product hazard;
(B) in lieu of proceeding against such product under section 2064(c) or (d) of this title, the Commission has accepted in writing a remedial settlement agreement dealing with such product;
(C) the person who submitted the information under
(D) the Commission publishes a finding that the public health and safety requires public disclosure with a lesser period of notice than is required under paragraph (1).
The provisions of this paragraph shall not apply to the public disclosure of information with respect to a consumer product which is the subject of an action brought under
(6) Where the Commission initiates the public disclosure of information that reflects on the safety of a consumer product or class of consumer products, whether or not such information would enable the public to ascertain readily the identity of a manufacturer or private labeler, the Commission shall establish procedures designed to ensure that such information is accurate and not misleading.
(7) If the Commission finds that, in the administration of this Act, it has made public disclosure of inaccurate or misleading information which reflects adversely upon the safety of any consumer product or class of consumer products, or the practices of any manufacturer, private labeler, distributor, or retailer of consumer products, it shall, in a manner equivalent to that in which such disclosure was made, take reasonable steps to publish a retraction of such inaccurate or misleading information.
(8) If, after the commencement of a rulemaking or the initiation of an adjudicatory proceeding, the Commission decides to terminate the proceeding before taking final action, the Commission shall, in a manner equivalent to that in which such commencement or initiation was publicized, take reasonable steps to make known the decision to terminate.
(c) Communications with manufacturers
The Commission shall communicate to each manufacturer of a consumer product, insofar as may be practicable, information as to any significant risk of injury associated with such product.
(d) "Act" defined; coverage
(1) For purposes of this section, the term "Act" means the Consumer Product Safety Act [
(2) The provisions of this section shall apply whenever information is to be disclosed by the Commission, any member of the Commission, or any employee, agent, or representative of the Commission in an official capacity.
(e) Disclosure of information regarding civil actions involving consumer product alleged to have caused death or injury
(1) Notwithstanding the provisions of
(A) publicly disclose information furnished under subsection (c)(1) or (c)(2)(A) of
(B) use such information for any purpose other than to carry out the Commission's responsibilities; or
(C) permit anyone (other than the members, officers, and employees of the Commission or officers or employees of the Department of Justice who require such information for an action filed on behalf of the Commission) to examine such information.
(2) Any report furnished under subsection (c)(1) or (c)(2)(A) of
(3) The Commission may, upon written request, furnish to any manufacturer or to the authorized agent of such manufacturer authenticated copies of reports furnished by or on behalf of such manufacturer in accordance with
(4) Upon written request of the Chairman or Ranking Minority Member of either of the appropriate Congressional committees or any subcommittee thereof, the Commission shall provide to the Chairman or Ranking Minority Member any information furnished to the Commission under
(5) Any officer or employee of the Commission or other officer or employee of the Federal Government who receives information provided under
(
References in Text
The Consumer Product Safety Act, referred to in subsec. (d)(1), is
The Flammable Fabrics Act, referred to in subsec. (d)(1), is act June 30, 1953, ch. 164,
The Poison Prevention Packaging Act, referred to in subsec. (d)(1), probably means the Poison Prevention Packaging Act of 1970,
The Federal Hazardous Substances Act, referred to in subsec. (d)(1), is
Amendments
2008—Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (e)(4).
1990—Subsec. (a)(8).
Subsec. (e).
1983—Subsec. (b)(1).
1981—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3) to (8).
Subsec. (b)(1).
Subsec. (b)(2) to (4).
Subsec. (b)(5) to (8).
Subsecs. (c), (d).
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Confidentiality Protections for Information Reported on Incidents of Children Choking
For purposes of subsection (b)(5) of this section, information reported to Consumer Product Safety Commission on incidents of children choking on a marble, small ball, latex balloon, or other small part contained in a toy or game, to be treated as information submitted pursuant to
§2055a. Publicly available consumer product safety information database
(a) Database required
(1) In general
Subject to the availability of appropriations, the Commission shall, in accordance with the requirements of this section, establish and maintain a database on the safety of consumer products, and other products or substances regulated by the Commission, that is—
(A) publicly available;
(B) searchable; and
(C) accessible through the Internet website of the Commission.
(2) Submission of detailed implementation plan to Congress
Not later than 180 days after August 14, 2008, the Commission shall transmit to the appropriate Congressional committees a detailed plan for establishing and maintaining the database required by paragraph (1), including plans for the operation, content, maintenance, and functionality of the database. The plan shall detail the integration of the database into the Commission's overall information technology improvement objectives and plans. The plan submitted under this subsection shall include a detailed implementation schedule for the database, and plans for a public awareness campaign to be conducted by the Commission to increase consumer awareness of the database.
(3) Date of initial availability
Not later than 18 months after the date on which the Commission submits the plan required by paragraph (2), the Commission shall establish the database required by paragraph (1).
(b) Content and organization
(1) Contents
Except as provided in subsection (c)(4), the database shall include the following:
(A) Reports of harm relating to the use of consumer products, and other products or substances regulated by the Commission, that are received by the Commission from—
(i) consumers;
(ii) local, State, or Federal government agencies;
(iii) health care professionals;
(iv) child service providers; and
(v) public safety entities.
(B) Information derived by the Commission from notice under
(C) The comments received by the Commission under subsection (c)(2)(A) to the extent requested under subsection (c)(2)(B).
(2) Submission of information
In implementing the database, the Commission shall establish the following:
(A) Electronic, telephonic, and paper-based means of submitting, for inclusion in the database, reports described in paragraph (1)(A) of this subsection.
(B) A requirement that any report described in paragraph (1)(A) submitted for inclusion in such database include, at a minimum—
(i) a description of the consumer product (or other product or substance regulated by the Commission) concerned;
(ii) identification of the manufacturer or private labeler of the consumer product (or other product or substance regulated by the Commission);
(iii) a description of the harm relating to the use of the consumer product (or other product or substance regulated by the Commission);
(iv) contact information for the person submitting the report; and
(v) a verification by the person submitting the information that the information submitted is true and accurate to the best of the person's knowledge and that the person consents that such information be included in the database.
(3) Additional information
In addition to the reports received under paragraph (1), the Commission shall include in the database, consistent with the requirements of section 2055(a) and (b) of this title, any additional information it determines to be in the public interest.
(4) Organization of database
The Commission shall categorize the information available on the database in a manner consistent with the public interest and in such manner as it determines to facilitate easy use by consumers and shall ensure, to the extent practicable, that the database is sortable and accessible by—
(A) the date on which information is submitted for inclusion in the database;
(B) the name of the consumer product (or other product or substance regulated by the Commission);
(C) the model name;
(D) the manufacturer's or private labeler's name; and
(E) such other elements as the Commission considers in the public interest.
(5) Notice requirements
The Commission shall provide clear and conspicuous notice to users of the database that the Commission does not guarantee the accuracy, completeness, or adequacy of the contents of the database.
(6) Availability of contact information
The Commission may not disclose, under this section, the name, address, or other contact information of any individual or entity that submits to the Commission a report described in paragraph (1)(A), except that the Commission may provide such information to the manufacturer or private labeler of the product with the express written consent of the person submitting the information. Consumer information provided to a manufacturer or private labeler under this section may not be used or disseminated to any other party for any purpose other than verifying a report submitted under paragraph (1)(A).
(c) Procedural requirements
(1) Transmission of reports to manufacturers and private labelers
Not later than 5 business days after the Commission receives a report described in subsection (b)(1)(A) which includes the information required by subsection (b)(2)(B), the Commission shall to the extent practicable transmit the report, subject to subsection (b)(6), to the manufacturer or private labeler identified in the report.
(2) Opportunity to comment
(A) In general
If the Commission transmits a report under paragraph (1) to a manufacturer or private labeler, the Commission shall provide such manufacturer or private labeler an opportunity to submit comments to the Commission on the information contained in such report.
(B) Request for inclusion in database
A manufacturer or private labeler may request the Commission to include its comments in the database.
(C) Confidential matter
(i) In general
If the Commission transmits a report received under paragraph (1) to a manufacturer or private labeler, the manufacturer or private labeler may review the report for confidential information and request that portions of the report identified as confidential be so designated.
(ii) Redaction
If the Commission determines that the designated information contains, or relates to, a trade secret or other matter referred to in
(iii) Review
If the Commission determines that the designated information is not confidential under clause (ii), the Commission shall notify the manufacturer or private labeler and include the information in the database. The manufacturer or private labeler may bring an action in the district court of the United States in the district in which the complainant resides, or has its principal place of business, or in the United States District Court for the District of Columbia, to seek removal of the information from the database.
(3) Publication of reports and comments
(A) Reports
Except as provided in paragraph (4)(A) or paragraph (5), if the Commission receives a report described in subsection (b)(1)(A), the Commission shall make the report available in the database not later than the 10th business day after the date on which the Commission transmits the report under paragraph (1) of this subsection.
(B) Comments
Except as provided in paragraph (4)(A), if the Commission receives a comment under paragraph (2)(A) with respect to a report described in subsection (b)(1)(A) and a request with respect to such comment under paragraph (2)(B) of this subsection, the Commission shall make such comment available in the database at the same time as such report or as soon as practicable thereafter.
(4) Inaccurate information
(A) Inaccurate information in reports and comments received
If, prior to making a report described in subsection (b)(1)(A) or a comment described in paragraph (2) of this subsection available in the database, the Commission receives notice that the information in such report or comment is materially inaccurate, the Commission shall stay the publication of the report on the database as required under paragraph (3) for a period of no more than 5 additional days. If the Commission determines that the information in such report or comment is materially inaccurate, the Commission shall—
(i) decline to add the materially inaccurate information to the database;
(ii) correct the materially inaccurate information in the report or comment and add the report or comment to the database; or
(iii) add information to correct inaccurate information in the database.
(B) Inaccurate information in database
If the Commission determines, after investigation, that information previously made available in the database is materially inaccurate or duplicative of information in the database, the Commission shall, not later than 7 business days after such determination—
(i) remove such information from the database;
(ii) correct such information; or
(iii) add information to correct inaccurate information in the database.
(5) Obtaining certain product identification information
(A) In general
If the Commission receives a report described in subsection (b)(1)(A) that does not include the model or serial number of the consumer product concerned, the Commission shall seek from the individual or entity submitting the report such model or serial number or, if such model or serial number is not available, a photograph of the product. If the Commission obtains information relating to the serial or model number of the product or a photograph of the product, it shall immediately forward such information to the manufacturer of the product. The Commission shall make the report available in the database on the 15th business day after the date on which the Commission transmits the report under paragraph (1) and shall include in the database any additional information about the product obtained under this paragraph.
(B) Rule of construction
Nothing in this paragraph shall be construed to—
(i) permit the Commission to delay transmission of the report under paragraph (1) until the Commission has obtained the model or serial number or a photograph of the consumer product concerned; or
(ii) make inclusion in the database of a report described in subsection (b)(1)(A) contingent on the availability of the model or serial number or a photograph of the consumer product concerned.
(d) Annual report
The Commission shall submit to the appropriate Congressional committees an annual report on the database, including—
(1) the operation, content, maintenance, functionality, and cost of the database for the reporting year; and
(2) the number of reports and comments for the year—
(A) received by the Commission under this section;
(B) posted on the database; and
(C) corrected on or removed from the database.
(e) GAO study
Within 2 years after the date on which the Commission establishes the database under this section, the Comptroller General shall submit a report to the appropriate Congressional committees containing—
(1) an analysis of the general utility of the database, including—
(A) an assessment of the extent of use of the database by consumers, including whether the database is accessed by a broad range of the public and whether consumers find the database to be useful; and
(B) efforts by the Commission to inform the public about the database; and
(2) recommendations for measures to increase use of the database by consumers and to ensure use by a broad range of the public.
(f) Application of certain notice and disclosure requirements
(1) In general
The provisions of section 2055(a) and (b) of this title shall not apply to the disclosure under this section of a report described in subsection (b)(1)(A) of this section.
(2) Construction
Paragraph (1) shall not be construed to exempt from the requirements of section 2055(a) and (b) of this title information received by the Commission under—
(A)
(B) any other mandatory or voluntary reporting program established between a retailer, manufacturer, or private labeler and the Commission.
(g) Harm defined
In this section, the term "harm" means—
(1) injury, illness, or death; or
(2) risk of injury, illness, or death, as determined by the Commission.
(
Amendments
2011—Subsec. (c)(3)(A).
Subsec. (c)(4)(A).
Subsec. (c)(5).
§2056. Consumer product safety standards
(a) Types of requirements
The Commission may promulgate consumer product safety standards in accordance with the provisions of
(1) Requirements expressed in terms of performance requirements.
(2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or requirements respecting the form of warnings or instructions.
Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product.
(b) Reliance of Commission upon voluntary standards
(1) The Commission shall rely upon voluntary consumer product safety standards rather than promulgate a consumer product safety standard prescribing requirements described in subsection (a) whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards.
(2) The Commission shall devise procedures to monitor compliance with any voluntary standards—
(A) upon which the Commission has relied under paragraph (1);
(B) which were developed with the participation of the Commission; or
(C) whose development the Commission has monitored.
(c) Contribution of Commission to development cost
If any person participates with the Commission in the development of a consumer product safety standard, the Commission may agree to contribute to the person's cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the person is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this subsection may be made without regard to section 3324(a) and (b) of title 31.
(
Codification
In subsec. (c), "section 3324(a) and (b) of title 31" substituted for "section 3648 of the Revised Statutes of the United States (
Amendments
1990—Subsec. (b).
1981—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1978—Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f).
1976—Subsec. (a).
Subsec. (b).
Subsec. (d)(2).
Subsec. (e).
Subsec. (f).
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Children's Gasoline Burn Prevention
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Children's Gasoline Burn Prevention Act'.
"SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(1) the degree of industry compliance with the standard promulgated under subsection (a);
"(2) any enforcement actions brought by the Commission to enforce such standard; and
"(3) incidents involving children interacting with portable gasoline containers (including both those that are and are not in compliance with the standard promulgated under subsection (a))."
Automatic Garage Door Openers
"(a)
"(b)
"(1) Effective on and after January 1, 1991, each automatic residential garage door opener manufactured on or after that date for sale in the United States shall conform to the entrapment protection requirements of the American National Standards Institute Underwriters Laboratories, Inc. Standards for Safety—UL 325, third edition, as revised May 4, 1988.
"(2)(A) Effective on and after January 1, 1993, all residential automatic garage door openers manufactured on and after such date for sale in the United States shall conform to any additional entrapment protection requirements of the American National Standards Institute Underwriters Laboratories, Inc. Standards for Safety—UL 325, third edition, which were issued after the date of the enactment of this Act [Nov. 16, 1990] to become effective on or before January 1, 1993.
"(B) If, by June 1, 1992, the Underwriters Laboratories, Inc., has not issued a revision to the May 4, 1988, Standards for Safety—UL 325, third edition, to require an entrapment protection feature or device in addition to that required by the May 4, 1988, Standard, the Consumer Product Safety Commission shall begin a rulemaking proceeding, to be completed no later than October 31, 1992, to require an additional such feature or device on all automatic residential garage door openers manufactured on or after January 1, 1993, for sale in the United States. If such a revision is issued by the Underwriters Laboratories, Inc. after the rulemaking has commenced, the rulemaking shall be terminated and the revision shall be incorporated in the consumer product safety rule under subsection (a) unless the Commission has determined under subsection (c) that such revision does not carry out the purposes of subsection (b).
"(c)
"(d)
"(e)
"(f)
"(g)
"(h)
§2056a. Standards and consumer registration of durable nursery products
(a) Short title
This section may be cited as the "Danny Keysar Child Product Safety Notification Act".
(b) Safety standards
(1) In general
The Commission shall—
(A) in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for durable infant or toddler products; and
(B) in accordance with
(i) are substantially the same as such voluntary standards; or
(ii) are more stringent than such voluntary standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such products.
(2) Timetable for rulemaking
Not later than 1 year after August 14, 2008, the Commission shall commence the rulemaking required under paragraph (1) and shall promulgate standards for no fewer than 2 categories of durable infant or toddler products every 6 months thereafter, beginning with the product categories that the Commission determines to be of highest priority, until the Commission has promulgated standards for all such product categories. Thereafter, the Commission shall periodically review and revise the standards set forth under this subsection to ensure that such standards provide the highest level of safety for such products that is feasible.
(3) Judicial review
Any person adversely affected by such standards may file a petition for review under the procedures set forth in
(4) Process for considering subsequent revisions to voluntary standard
(A) Notice of adoption of voluntary standard
When the Commission promulgates a consumer product safety standard under this subsection that is based, in whole or in part, on a voluntary standard, the Commission shall notify the organization that issued the voluntary standard of the Commission's action and shall provide a copy of the consumer product safety standard to the organization.
(B) Commission action on revised voluntary standard
If an organization revises a standard that has been adopted, in whole or in part, as a consumer product safety standard under this subsection, it shall notify the Commission. The revised voluntary standard shall be considered to be a consumer product safety standard issued by the Commission under
(c) Cribs
(1) In general
It shall be a violation of
(2) Persons to which subsection applies
This subsection applies to any person that—
(A) manufactures, distributes in commerce, or contracts to sell cribs;
(B) based on the person's occupation, holds itself out as having knowledge or skill peculiar to cribs, including child care facilities and family child care homes;
(C) is in the business of contracting to sell or resell, lease, sublet, or otherwise place cribs in the stream of commerce; or
(D) owns or operates a place of public accommodation affecting commerce (as defined in
(3) Application of any revision
With respect to any revision of the standard promulgated under subsection (b)(1)(B) subsequent to the initial promulgation of a standard under such subsection, paragraph (1) shall apply only to a person that manufactures or imports cribs, unless the Commission determines that application to any other person described in paragraph (2) is necessary to protect against an unreasonable risk to health or safety. If the Commission determines that application to a person described in paragraph (2) is necessary, it shall provide not less than 12 months for such person to come into compliance.
(4) Crib defined
In this subsection, the term "crib" includes—
(A) new and used cribs;
(B) full-sized or nonfull-sized cribs; and
(C) portable cribs and crib-pens.
(d) Consumer registration requirement
(1) Rulemaking
Notwithstanding any provision of
(A) to provide consumers with a postage-paid consumer registration form with each such product;
(B) to maintain a record of the names, addresses, e-mail addresses, and other contact information of consumers who register their ownership of such products with the manufacturer in order to improve the effectiveness of manufacturer campaigns to recall such products; and
(C) to permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product.
(2) Requirements for registration form
The registration form required to be provided to consumers under paragraph (1) shall—
(A) include spaces for a consumer to provide the consumer's name, address, telephone number, and e-mail address;
(B) include space sufficiently large to permit easy, legible recording of all desired information;
(C) be attached to the surface of each durable infant or toddler product so that, as a practical matter, the consumer must notice and handle the form after purchasing the product;
(D) include the manufacturer's name, model name and number for the product, and the date of manufacture;
(E) include a message explaining the purpose of the registration and designed to encourage consumers to complete the registration;
(F) include an option for consumers to register through the Internet; and
(G) include a statement that information provided by the consumer shall not be used for any purpose other than to facilitate a recall of or safety alert regarding that product.
In issuing regulations under this section, the Commission may prescribe the exact text and format of the required registration form.
(3) Record keeping and notification requirements
The rules required under this section shall require each manufacturer of a durable infant or toddler product to maintain a record of registrants for each product manufactured that includes all of the information provided by each consumer registered, and to use such information to notify such consumers in the event of a voluntary or involuntary recall of or safety alert regarding such product. Each manufacturer shall maintain such a record for a period of not less than 6 years after the date of manufacture of the product. Consumer information collected by a manufacturer under this Act may not be used by the manufacturer, nor disseminated by such manufacturer to any other party, for any purpose other than notification to such consumer in the event of a product recall or safety alert.
(4) Study
The Commission shall conduct a study at such time as it considers appropriate on the effectiveness of the consumer registration forms required by this section in facilitating product recalls and whether such registration forms should be required for other children's products. Not later than 4 years after August 14, 2008, the Commission shall report its findings to the appropriate Congressional committees.
(e) Use of alternative recall notification technology
(1) Technology assessment and report
The Commission shall—
(A) beginning 2 years after a rule is promulgated under subsection (d), regularly review recall notification technology and assess the effectiveness of such technology in facilitating recalls of durable infant or toddler products; and
(B) not later than 3 years after August 14, 2008, and periodically thereafter as the Commission considers appropriate, transmit a report on such assessments to the appropriate Congressional committees.
(2) Determination
If, based on the assessment required by paragraph (1), the Commission determines by rule that a recall notification technology is likely to be as effective or more effective in facilitating recalls of durable infant or toddler products as the registration forms required by subsection (d), the Commission—
(A) shall submit to the appropriate Congressional committees a report on such determination; and
(B) shall permit a manufacturer of durable infant or toddler products to use such technology in lieu of such registration forms to facilitate recalls of durable infant or toddler products.
(f) Definition of durable infant or toddler product
As used in this section, the term "durable infant or toddler product"—
(1) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and
(2) includes—
(A) full-size cribs and nonfull-size cribs;
(B) toddler beds;
(C) high chairs, booster chairs, and hook-on chairs;
(D) bath seats;
(E) gates and other enclosures for confining a child;
(F) play yards;
(G) stationary activity centers;
(H) infant carriers;
(I) strollers;
(J) walkers;
(K) swings; and
(L) bassinets and cradles.
(
References in Text
The Paperwork Reduction Act of 1980, referred to in subsec. (d)(1), is
This Act, referred to in subsec. (d)(3), is
Codification
Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter.
Amendments
2011—Subsec. (b)(4).
Subsec. (c)(3), (4).
Definitions
For definitions of "Commission" and "appropriate Congressional committees" used in this section, see section 2(a) of
§2056b. Mandatory toy safety standards
(a) In general
Beginning 180 days after August 14, 2008, the provisions of ASTM International Standard F963–07 Consumer Safety Specifications for Toy Safety (ASTM F963), as it exists on August 14, 2008 (except for section 4.2 and Annex 4 or any provision that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute or any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration) shall be considered to be consumer product safety standards issued by the Commission under
(b) Rulemaking for specific toys, components and risks
(1) Evaluation
Not later than 1 year after August 14, 2008, the Commission, in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, shall examine and assess the effectiveness of ASTM F963 or its successor standard (except for section 4.2 and Annex 4), as it relates to safety requirements, safety labeling requirements, and test methods related to—
(A) internal harm or injury hazards caused by the ingestion or inhalation of magnets in children's products;
(B) toxic substances;
(C) toys with spherical ends;
(D) hemispheric-shaped objects;
(E) cords, straps, and elastics; and
(F) battery-operated toys.
(2) Rulemaking
Within 1 year after the completion of the assessment required by paragraph (1), the Commission shall promulgate rules in accordance with
(A) take into account other children's product safety rules; and
(B) are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury of such toys.
(c) Periodic review
The Commission shall periodically review and revise the rules set forth under this section to ensure that such rules provide the highest level of safety for such products that is feasible.
(d) Consideration of remaining ASTM standards
After promulgating the rules required by subsection (b), the Commission shall—
(1) in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of ASTM F963 (and alternative health protective requirements to prevent or minimize flammability of children's products) or its successor standard, and shall assess the adequacy of such standards in protecting children from safety hazards; and
(2) in accordance with
(A) take into account other children's product safety rules; and
(B) are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such toys.
(e) Prioritization
The Commission shall promulgate rules beginning with the product categories that the Commission determines to be of highest priority, until the Commission has promulgated standards for all such product categories.
(f) Treatment as consumer product safety standards
Rules issued under this section shall be considered consumer product safety standards issued by the Commission under
(g) Revisions
If ASTM International (or its successor entity) proposes to revise ASTM F963–07, or a successor standard, it shall notify the Commission of the proposed revision. The Commission shall incorporate the revision or a section of the revision into the consumer product safety rule. The revised standard shall be considered to be a consumer product safety standard issued by the Consumer Product Safety Commission under
(h) Rulemaking to consider exemption from preemption
(1) Exemption of State law from preemption
Upon application of a State or political subdivision of a State, the Commission shall, after notice and opportunity for oral presentation of views, consider a rulemaking to exempt from the provisions of
(A) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard or rule under this section; and
(B) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political subdivision standard or regulation on interstate commerce, the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or regulation, the cost of complying with such standard or regulation, the geographic distribution of the consumer product to which the standard or regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or regulation, and the need for a national, uniform standard under this Act for such consumer product.
(2) Effect of standards on established State laws
Nothing in this section or in
(i) Judicial review
The issuance of any rule under this section is subject to judicial review as provided in
(
References in Text
This Act, referred to in subsec. (h)(1), is
Codification
Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter.
Amendments
2011—Subsec. (a).
Definition
For definition of "Commission" used in this section, see section 2(a) of
§2056c. Sulfur content in drywall standard
(a) Rule on sulfur content in drywall required
Except as provided in subsection (c), not later than 2 years after January 14, 2013, the Consumer Product Safety Commission shall promulgate a final rule pertaining to drywall manufactured or imported for use in the United States that limits sulfur content to a level not associated with elevated rates of corrosion in the home.
(b) Rule making; consumer product safety standard
A rule under subsection (a)—
(1) shall be promulgated in accordance with
(2) shall be treated as a consumer product safety rule promulgated under
(c) Exception
(1) Voluntary standard
Subsection (a) shall not apply if the Commission determines that—
(A) a voluntary standard pertaining to drywall manufactured or imported for use in the United States limits sulfur content to a level not associated with elevated rates of corrosion in the home;
(B) such voluntary standard is or will be in effect not later than two years after January 14, 2013; and
(C) such voluntary standard is developed by Subcommittee C11.01 on Specifications and Test Methods for Gypsum Products of ASTM International.
(2) Federal Register
Any determination made under paragraph (1) shall be published in the Federal Register.
(d) Treatment of voluntary standard for purposes of enforcement
If the Commission determines that a voluntary standard meets the conditions in subsection (c)(1), the sulfur content limit in such voluntary standard shall be treated as a consumer product safety rule promulgated under
(1) 180 days after publication of the Commission's determination under subsection (c); or
(2) the effective date contained in the voluntary standard.
(e) Revision of voluntary standard
If the sulfur content limit of a voluntary standard that met the conditions of subsection (c)(1) is subsequently revised, the organization responsible for the standard shall notify the Commission no later than 60 days after final approval of the revision. The sulfur content limit of the revised voluntary standard shall become enforceable as a Commission rule promulgated under
(f) Future rulemaking
The Commission, at any time subsequent to publication of the consumer product safety rule required by subsection (a) or a determination under subsection (c), may initiate a rulemaking in accordance with
(
Codification
Section was enacted as part of the Drywall Safety Act of 2012, and not as part of the Consumer Product Safety Act which comprises this chapter.
Drywall Labeling Requirement
"(a)
"(b)
Revision of Remediation Guidance for Drywall Disposal Required
§2057. Banned hazardous products
Whenever the Commission finds that—
(1) a consumer product is being, or will be, distributed in commerce and such consumer product presents an unreasonable risk of injury; and
(2) no feasible consumer product safety standard under this chapter would adequately protect the public from the unreasonable risk of injury associated with such product,
the Commission may, in accordance with
(
Amendments
1981—
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
§2057a. Banning of butyl nitrite
(a) In general
Except as provided in subsection (b), butyl nitrite shall be considered a banned hazardous product under
(b) Lawful purposes
For the purposes of
(c) Definitions
For purposes of this section:
(1) The term "butyl nitrite" includes n-butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing these chemicals.
(2) The term "commercial purpose" means any commercial purpose other than for the production of consumer products containing butyl nitrite that may be used for inhaling or otherwise introducing butyl nitrite into the human body for euphoric or physical effects.
(d) Effective date
This section shall take effect 90 days after November 18, 1988.
(
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), is act June 25, 1938, ch. 675,
Codification
Section was enacted as part of the Anti-Drug Abuse Act of 1988, and not as part of the Consumer Product Safety Act which comprises this chapter.
§2057b. Banning of isopropal nitrite and other nitrites
(a) In general
Except as provided in subsection (b), volatile alkyl nitrite shall be considered a banned hazardous product under
(b) Lawful purposes
For the purposes of
(c) "Commercial purpose" defined
For purposes of this section, the term "commercial purpose" means any commercial purpose other than for the production of consumer products containing volatile alkyl nitrites that may be used for inhaling or otherwise introducing volatile alkyl nitrites into the human body for euphoric or physical effects.
(d) Effective date
This section shall take effect 90 days after November 29, 1990.
(
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), is act June 25, 1938, ch. 675,
Codification
Section was enacted as part of the Crime Control Act of 1990, and not as part of the Consumer Product Safety Act which comprises this chapter.
§2057c. Prohibition on sale of certain products containing specified phthalates
(a) Prohibition on the sale of certain products containing phthalates
Beginning on the date that is 180 days after August 14, 2008, it shall be unlawful for any person to manufacture for sale, offer for sale, distribute in commerce, or import into the United States any children's toy or child care article that contains concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP).
(b) Prohibition on the sale of additional products containing certain phthalates
(1) Interim prohibition
Beginning on the date that is 180 days after August 14, 2008, and until a final rule is promulgated under paragraph (3), it shall be unlawful for any person to manufacture for sale, offer for sale, distribute in commerce, or import into the United States any children's toy that can be placed in a child's mouth or child care article that contains concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).
(2) Chronic Hazard Advisory Panel
(A) Appointment
Not earlier than 180 days after August 14, 2008, the Commission shall begin the process of appointing a Chronic Hazard Advisory Panel pursuant to the procedures of section 28 of the Consumer Product Safety Act (
(B) Examination
The panel shall, within 18 months after its appointment under subparagraph (A), complete an examination of the full range of phthalates that are used in products for children and shall—
(i) examine all of the potential health effects (including endocrine disrupting effects) of the full range of phthalates;
(ii) consider the potential health effects of each of these phthalates both in isolation and in combination with other phthalates;
(iii) examine the likely levels of children's, pregnant women's, and others' exposure to phthalates, based on a reasonable estimation of normal and foreseeable use and abuse of such products;
(iv) consider the cumulative effect of total exposure to phthalates, both from children's products and from other sources, such as personal care products;
(v) review all relevant data, including the most recent, best-available, peer-reviewed, scientific studies of these phthalates and phthalate alternatives that employ objective data collection practices or employ other objective methods;
(vi) consider the health effects of phthalates not only from ingestion but also as a result of dermal, hand-to-mouth, or other exposure;
(vii) consider the level at which there is a reasonable certainty of no harm to children, pregnant women, or other susceptible individuals and their offspring, considering the best available science, and using sufficient safety factors to account for uncertainties regarding exposure and susceptibility of children, pregnant women, and other potentially susceptible individuals; and
(viii) consider possible similar health effects of phthalate alternatives used in children's toys and child care articles.
The panel's examinations pursuant to this paragraph shall be conducted de novo. The findings and conclusions of any previous Chronic Hazard Advisory Panel on this issue and other studies conducted by the Commission shall be reviewed by the panel but shall not be considered determinative.
(C) Report
Not later than 180 days after completing its examination, the panel appointed under subparagraph (A) shall report to the Commission the results of the examination conducted under this section and shall make recommendations to the Commission regarding any phthalates (or combinations of phthalates) in addition to those identified in subsection (a) or phthalate alternatives that the panel determines should be declared banned hazardous substances.
(3) Permanent prohibition by rule
Not later than 180 days after receiving the report of the panel under paragraph (2)(C), the Commission shall, pursuant to
(A) determine, based on such report, whether to continue in effect the prohibition under paragraph (1), in order to ensure a reasonable certainty of no harm to children, pregnant women, or other susceptible individuals with an adequate margin of safety; and
(B) evaluate the findings and recommendations of the Chronic Hazard Advisory Panel and declare any children's product containing any phthalates to be a banned hazardous product under section 8 of the Consumer Product Safety Act (
(c) Application
Effective on August 12, 2011,1 subsections (a) and (b)(1) and any rule promulgated under subsection (b)(3) shall apply to any plasticized component part of a children's toy or child care article or any other component part of a children's toy or child care article that is made of other materials that may contain phthalates.
(d) Exclusion for inaccessible component parts
(1) In general
The prohibitions established under subsections (a) and (b) shall not apply to any component part of a children's toy or child care article that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product, as determined by the Commission. A component part is not accessible under this paragraph if such component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. Reasonably foreseeable use and abuse shall include swallowing, mouthing, breaking, or other children's activities, and the aging of the product.
(2) Limitation
The Commission may revoke an exclusion or all exclusions granted under paragraph (1) at any time and require that any or all component parts manufactured after such exclusion is revoked comply with the prohibitions established under subsections (a) and (b) if the Commission finds, based on scientific evidence, that such compliance is necessary to protect the public health or safety.
(3) Inaccessibility proceeding
Within 1 year after August 12, 2011, the Commission shall—
(A) promulgate a rule providing guidance with respect to what product components, or classes of components, will be considered to be inaccessible for purposes of paragraph (1); or
(B) adopt the same guidance with respect to inaccessibility that was adopted by the Commission with regards to accessibility of lead under
(4) Application pending commission guidance
Until the Commission promulgates a rule pursuant to paragraph (3), the determination of whether a product component is inaccessible to a child shall be made in accordance with the requirements laid out in paragraph (1) for considering a component to be inaccessible to a child.
(e) Treatment of violation
A violation of subsection (a) or (b)(1) or any rule promulgated by the Commission under subsection (b)(3) shall be treated as a violation of section 19(a)(1) of the Consumer Product Safety Act (
(f) Treatment as consumer product safety standards; effect on State laws
Subsections (a) and (b)(1) and any rule promulgated under subsection (b)(3) shall be considered consumer product safety standards under the Consumer Product Safety Act [
(g) Definitions
(1) Defined terms
As used in this section:
(A) The term "phthalate alternative" means any common substitute to a phthalate, alternative material to a phthalate, or alternative plasticizer.
(B) The term "children's toy" means a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays.
(C) The term "child care article" means a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.
(D) The term "consumer product" has the meaning given such term in section 3(a)(1) of the Consumer Product Safety Act (
(2) Determination guidelines
(A) Age
In determining whether products described in paragraph (1) are designed or intended for use by a child of the ages specified, the following factors shall be considered:
(i) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(ii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children of the ages specified.
(iii) Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified.
(iv) The Age Determination guidelines issued by the Commission staff in September 2002 and any successor to such guidelines.
(B) Toy that can be placed in a child's mouth
For purposes of this section a toy can be placed in a child's mouth if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the children's product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth.
(
References in Text
August 12, 2011, referred to in subsec. (c), was in the original "the date of enactment of this Act", which was translated as meaning the date of enactment of
The Consumer Product Safety Act, referred to in subsec. (f), is
Codification
Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter.
Amendments
2011—Subsecs. (c) to (g).
Definition
For definition of "Commission" used in this section, see section 2(a) of
1 See References in Text note below.
§2058. Procedure for consumer product safety rules
(a) Commencement of proceeding; publication of prescribed notice of proposed rulemaking; transmittal of notice
A proceeding for the development of a consumer product safety rule may be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall—
(1) identify the product and the nature of the risk of injury associated with the product;
(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary consumer product safety standards);
(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1);
(4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk;
(5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed consumer product safety standard; and
(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary consumer product safety standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard.
The Commission shall transmit such notice within 10 calendar days to the appropriate Congressional committees.
(b) Voluntary standard; publication as proposed rule; notice of reliance of Commission on standard
(1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (a)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a consumer product safety standard, would eliminate or adequately reduce the risk of injury identified in a notice under subsection (a)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule.
(2) If the Commission determines that—
(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (a)(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and
(B) it is likely that there will be substantial compliance with such standard,
the Commission shall terminate any proceeding to promulgate a consumer product safety rule respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary consumer product safety standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.
(c) Publication of proposed rule; preliminary regulatory analysis; contents; transmittal of notice
No consumer product safety rule may be proposed by the Commission unless the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing—
(1) a preliminary description of the potential benefits and potential costs of the proposed rule, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs;
(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (a)(5) was not published by the Commission as the proposed rule or part of the proposed rule;
(3) a discussion of the reasons for the Commission's preliminary determination that efforts proposed under subsection (a)(6) and assisted by the Commission as required by
(4) a description of any reasonable alternatives to the proposed rule, together with a summary description of their potential costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed rule.
The Commission shall transmit such notice within 10 calendar days to the appropriate Congressional committees. Any proposed consumer product safety rule shall be issued within twelve months after the date of publication of the notice, unless the Commission determines that such proposed rule is not reasonably necessary to eliminate or reduce the risk of injury associated with the product or is not in the public interest. The Commission may extend the twelve-month period for good cause. If the Commission extends such period, it shall immediately transmit notice of such extension to the appropriate Congressional committees. Such notice shall include an explanation of the reasons for such extension, together with an estimate of the date by which the Commission anticipates such rulemaking will be completed. The Commission shall publish notice of such extension and the information submitted to the Congress in the Federal Register. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed consumer product safety standard.
(d) Promulgation of rule; time
(1) Within 60 days after the publication under subsection (c) of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall—
(A) promulgate a consumer product safety rule respecting the risk of injury associated with such product, if it makes the findings required under subsection (f), or
(B) withdraw the applicable notice of proposed rulemaking if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest;
except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register).
(2) Consumer product safety rules shall be promulgated in accordance with
(e) Expression of risk of injury; consideration of available product data; needs of elderly and handicapped
A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. In promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this chapter. In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule.
(f) Findings; final regulatory analysis; judicial review of rule
(1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to—
(A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce;
(B) the approximate number of consumer products, or types or classes thereof, subject to such rule;
(C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and
(D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety.
(2) The Commission shall not promulgate a consumer product safety rule unless it has prepared, on the basis of the findings of the Commission under paragraph (1) and on other information before the Commission, a final regulatory analysis of the rule containing the following information:
(A) A description of the potential benefits and potential costs of the rule, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs.
(B) A description of any alternatives to the final rule which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen.
(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues.
The Commission shall publish its final regulatory analysis with the rule.
(3) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)—
(A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product;
(B) that the promulgation of the rule is in the public interest;
(C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this chapter would adequately protect the public from the unreasonable risk of injury associated with such product;
(D) in the case of a rule which relates to a risk of injury with respect to which persons who would be subject to such rule have adopted and implemented a voluntary consumer product safety standard, that—
(i) compliance with such voluntary consumer product safety standard is not likely to result in the elimination or adequate reduction of such risk of injury; or
(ii) it is unlikely that there will be substantial compliance with such voluntary consumer product safety standard;
(E) that the benefits expected from the rule bear a reasonable relationship to its costs; and
(F) that the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated.
(4)(A) Any preliminary or final regulatory analysis prepared under subsection (c) or (f)(2) shall not be subject to independent judicial review, except that when an action for judicial review of a rule is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review.
(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission.
(g) Effective date of rule or standard; stockpiling of product
(1) Each consumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety standard under this chapter shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. In no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date.
(2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, or to which a rule under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the Commission applies, so as to prevent such manufacturer from circumventing the purpose of such rule, regulation, standard, or ban. For purposes of this paragraph, the term "stockpiling" means manufacturing or importing a product between the date of promulgation of such rule, regulation, standard, or ban and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the rule, regulation, standard, or ban.
(h) Amendment or revocation of rule
The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product safety rule,
(i) Petition to initiate rulemaking
The Commission shall grant, in whole or in part, or deny any petition under
(
Amendments
2008—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (g)(2).
1990—Subsec. (b)(2).
Subsec. (c).
Subsec. (i).
1981—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f) to (h).
1978—Subsec. (a)(1), (2).
1976—Subsec. (b).
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
§2059. Repealed. Pub. L. 97–35, title XII, §1210, Aug. 13, 1981, 95 Stat. 721
Section,
Effective Date of Repeal
Repeal effective Aug. 14, 1981, see section 1215 of
§2060. Judicial review of consumer product safety rules
(a) Petition by persons adversely affected, consumers, or consumer organizations
Not later than 60 days after a consumer product safety rule is promulgated by the Commission, any person adversely affected by such rule, or any consumer or consumer organization, may file a petition with the United States court of appeals for the District of Columbia, or for the circuit in which such person, consumer, or organization resides or has his principal place of business for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in
(b) Additional data, views, or arguments
If the petitioner applies to the court for leave to adduce additional data, views, or arguments and shows to the satisfaction of the court that such additional data, views, or arguments are material and that there were reasonable grounds for the petitioner's failure to adduce such data, views, or arguments in the proceeding before the Commission, the court may order the Commission to provide additional opportunity for the oral presentation of data, views, or arguments and for written submissions. The Commission may modify its findings, or make new findings by reason of the additional data, views, or arguments so taken and shall file such modified or new findings, and its recommendation, if any, for the modification or setting aside of its original rule, with the return of such additional data, views, or arguments.
(c) Jurisdiction; costs and attorneys' fees; substantial evidence to support administrative findings
Upon the filing of the petition under subsection (a) of this section the court shall have jurisdiction to review the consumer product safety rule in accordance with
(d) Supreme Court review
The judgment of the court affirming or setting aside, in whole or in part, any consumer product safety rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in
(e) Other remedies
The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by law.
(f) Computation of reasonable fee for attorney
For purposes of this section and
(g) Expedited judicial review
(1) Application
This subsection applies, in lieu of the preceding subsections of this section, to judicial review of—
(A) any consumer product safety rule promulgated by the Commission pursuant to
(B) any consumer product safety standard promulgated by the Commission pursuant to
(C) any standard promulgated by the Commission under
(D) any consumer product safety standard promulgated by the Commission under
(2) In general
Not later than 60 days after the promulgation, by the Commission, of a rule or standard to which this subsection applies, any person adversely affected by such rule or standard may file a petition with the United States Court of Appeals for the District of Columbia Circuit for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in
(3) Review
Upon the filing of the petition under paragraph (2) of this subsection, the court shall have jurisdiction to review the rule in accordance with
(4) Conclusiveness of judgment
The judgment of the court affirming or setting aside, in whole or in part, any final rule under this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in
(5) Further review
A rule or standard with respect to which this subsection applies shall not be subject to judicial review in proceedings under
(
Amendments
2008—Subsec. (g).
1983—Subsec. (c).
1981—Subsec. (a).
Subsec. (c).
Subsec. (f).
1976—Subsec. (a).
Subsec. (c).
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Pending Actions Unaffected
1 So in original. Probably should be followed by a closing parenthesis.
§2061. Imminent hazards
(a) Filing of action
The Commission may file in a United States district court an action (1) against an imminently hazardous consumer product for seizure of such product under subsection (b)(2), or (2) against any person who is a manufacturer, distributor, or retailer of such product, or (3) against both. Such an action may be filed notwithstanding the existence of a consumer product safety rule applicable to such product, or the pendency of any administrative or judicial proceedings under any other provision of this chapter. As used in this section, and hereinafter in this chapter, the term "imminently hazardous consumer product" means a consumer product which presents imminent and unreasonable risk of death, serious illness, or severe personal injury.
(b) Relief; product condemnation and seizure
(1) The district court in which such action is filed shall have jurisdiction to declare such product an imminently hazardous consumer product, and (in the case of an action under subsection (a)(2) of this section) to grant (as ancillary to such declaration or in lieu thereof) such temporary or permanent relief as may be necessary to protect the public from such risk. Such relief may include a mandatory order requiring the notification of such risk to purchasers of such product known to the defendant, public notice, the recall, the repair or the replacement of, or refund for, such product.
(2) In the case of an action under subsection (a)(1) of this section, the consumer product may be proceeded against by process of libel for the seizure and condemnation of such product in any United States district court within the jurisdiction of which such consumer product is found. Proceedings and cases instituted under the authority of the preceding sentence shall conform as nearly as possible to proceedings in rem in admiralty.
(c) Consumer product safety rule
Where appropriate, concurrently with the filing of such action or as soon thereafter as may be practicable, the Commission shall initiate a proceeding to promulgate a consumer product safety rule applicable to the consumer product with respect to which such action is filed.
(d) Jurisdiction and venue; process; subpena
(1) An action under subsection (a)(2) of this section may be brought in the United States district court for the District of Columbia or in any judicial district in which any of the defendants is found, is an inhabitant or transacts business; and process in such an action may be served on a defendant in any other district in which such defendant resides or may be found. Subpenas requiring attendance of witnesses in such an action may run into any other district. In determining the judicial district in which an action may be brought under this section in instances in which such action may be brought in more than one judicial district, the Commission shall take into account the convenience of the parties.
(2) Whenever proceedings under this section involving substantially similar consumer products are pending in courts in two or more judicial districts, they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest, upon notice to all other parties in interest.
(e) Employment of attorneys by Commission
Notwithstanding any other provision of law, in any action under this section, the Commission may direct attorneys employed by it to appear and represent it.
(g) 1 Cost-benefit analysis of compliance with relief ordered in action for judicial review of consumer product safety rule not required
Nothing in this section shall be construed to require the Commission, in determining whether to bring an action against a consumer product or a person under this section, to prepare a comparison of the costs that would be incurred in complying with the relief that may be ordered in such action with the benefits to the public from such relief.
(
Amendments
1990—Subsec. (g).
1981—Subsecs. (d) to (f).
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
1 So in original. No subsec. (f) has been enacted.
§2062. Repealed. Pub. L. 97–35, title XII, §1211(b), Aug. 13, 1981, 95 Stat. 721
Section,
Effective Date of Repeal
Repeal effective Aug. 13, 1981, see section 1215 of
§2063. Product certification and labeling
(a) Certification accompanying product; products with more than one manufacturer
(1)
(A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this chapter or any other Act enforced by the Commission; and
(B) shall specify each such rule, ban, standard, or regulation applicable to the product.
(2)
(A) submit sufficient samples of the children's product, or samples that are identical in all material respects to the product, to a third party conformity assessment body accredited under paragraph (3) to be tested for compliance with such children's product safety rule; and
(B) based on such testing, issue a certificate that certifies that such children's product complies with the children's product safety rule based on the assessment of a third party conformity assessment body accredited to conduct such tests.
A manufacturer or private labeler shall issue either a separate certificate for each children's product safety rule applicable to a product or a combined certificate that certifies compliance with all applicable children's product safety rules, in which case each such rule shall be specified.
(3)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(C)
(D)
(E)
(F)
(G)
(4) In the case of a consumer product for which there is more than one manufacturer or more than one private labeler, the Commission may by rule designate one or more of such manufacturers or one or more of such private labelers (as the case may be) as the persons who shall issue the certificate required under paragraph (1), (2), or (3), and may exempt all other manufacturers of such product or all other private labelers of the product (as the case may be) from the requirement under paragraph (1), (2), or (3) to issue a certificate with respect to such product.
(5)(A) Effective 1 year after August 14, 2008, the manufacturer of a children's product shall place permanent, distinguishing marks on the product and its packaging, to the extent practicable, that will enable—
(i) the manufacturer to ascertain the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic), and any other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference to those marks; and
(ii) the ultimate purchaser to ascertain the manufacturer or private labeler, location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic).
(B) The Commission may, by regulation, exclude a specific product or class of products from the requirements in subparagraph (A) if the Commission determines that it is not practicable for such product or class of products to bear the marks required by such subparagraph. The Commission may establish alternative requirements for any product or class of products excluded under the preceding sentence consistent with the purposes described in clauses (i) and (ii) of subparagraph (A).
(b) Rules to establish reasonable testing programs
The Commission may by rule prescribe reasonable testing programs for any product which is subject to a consumer product safety rule under this chapter, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission, and for which a certificate is required under subsection (a). Any test or testing program on the basis of which a certificate is issued under subsection (a) may, at the option of the person required to certify the product, be conducted by an independent third party qualified to perform such tests, unless the Commission, by rule, requires testing by an independent third party for a particular rule, regulation, standard, or ban, or for a particular class of products.
(c) Form and contents of labels
The Commission may by rule require the use and prescribe the form and content of labels which contain the following information (or that portion of it specified in the rule)—
(1) The date and place of manufacture of any consumer product.
(2) The cohort information (including the batch, run number, or other identifying characteristic) of the product.
(3) A suitable identification of the manufacturer of the consumer product, unless the product bears a private label in which case it shall identify the private labeler and shall also contain a code mark which will permit the seller of such product to identify the manufacturer thereof to the purchaser upon his request.
(4) In the case of a consumer product subject to a consumer product safety rule, a certification that the product meets all applicable consumer product safety standards and a specification of the standards which are applicable.
Such labels, where practicable, may be required by the Commission to be permanently marked on or affixed to any such consumer product. The Commission may, in appropriate cases, permit information required under paragraphs (1) and (2) of this subsection to be coded.
(d) Additional regulations for third party testing
(1) Audit
Not later than 10 months after August 14, 2008, the Commission shall by regulation establish requirements for the periodic audit of third party conformity assessment bodies as a condition for the continuing accreditation of such conformity assessment bodies under subsection (a)(3)(C).
(2) Compliance; continuing testing
Not later than 15 months after August 14, 2008, the Commission shall by regulation—
(A) initiate a program by which a manufacturer or private labeler may label a consumer product as complying with the certification requirements of subsection (a); and
(B) establish protocols and standards—
(i) for ensuring that a children's product tested for compliance with an applicable children's product safety rule is subject to testing periodically and when there has been a material change in the product's design or manufacturing process, including the sourcing of component parts;
(ii) for the testing of representative samples to ensure continued compliance;
(iii) for verifying that a children's product tested by a conformity assessment body complies with applicable children's product safety rules; and
(iv) for safeguarding against the exercise of undue influence on a third party conformity assessment body by a manufacturer or private labeler.
(3) Reducing third party testing burdens
(A) Assessment
Not later than 60 days after August 12, 2011, the Commission shall seek public comment on opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applicable consumer product safety rule, ban, standard, or regulation. The request for public comment shall include the following:
(i) The extent to which the use of materials subject to regulations of another government agency that requires third party testing of those materials may provide sufficient assurance of conformity with an applicable consumer product safety rule, ban, standard, or regulation without further third party testing.
(ii) The extent to which modification of the certification requirements may have the effect of reducing redundant third party testing by or on behalf of 2 or more importers of a product that is substantially similar or identical in all material respects.
(iii) The extent to which products with a substantial number of different components subject to third party testing may be evaluated to show compliance with an applicable rule, ban, standard, or regulation by third party testing of a subset of such components selected by a third party conformity assessment body.
(iv) The extent to which manufacturers with a substantial number of substantially similar products subject to third party testing may reasonably make use of sampling procedures that reduce the overall test burden without compromising the benefits of third party testing.
(v) The extent to which evidence of conformity with other national or international governmental standards may provide assurance of conformity to consumer product safety rules, bans, standards, or regulations applicable under this chapter.
(vi) The extent to which technology, other than the technology already approved by the Commission, exists for third party conformity assessment bodies to test or to screen for testing consumer products subject to a third party testing requirement.
(vii) Other techniques for lowering the cost of third party testing consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations.
(B) Regulations
Following the public comment period described in subparagraph (A), but not later than 1 year after August 12, 2011, the Commission shall review the public comments and may prescribe new or revised third party testing regulations if it determines that such regulations will reduce third party testing costs consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations.
(C) Report
If the Commission determines that it lacks authority to implement an opportunity for reducing the costs of third-party testing consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations, it shall transmit a report to Congress reviewing those opportunities, along with any recommendations for any legislation to permit such implementation.
(4) Special rules for small batch manufacturers
(A) Special consideration; exemption
(i) Consideration; alternative requirements
Subject to subparagraph (C), in implementing third party testing requirements under this section, the Commission shall take into consideration any economic, administrative, or other limits on the ability of small batch manufacturers to comply with such requirements and shall, after notice and a hearing, provide alternative testing requirements for covered products manufactured by small batch manufacturers in lieu of those required under subsection (a) or (b). Any such alternative requirements shall provide for reasonable methods to assure compliance with any applicable consumer product safety rule, ban, standard, or regulation. The Commission may allow such alternative testing requirements for small batch manufacturers with respect to a specific product or product class or with respect to a specific safety rule, ban, standard, or regulation, or portion thereof.
(ii) Exemption
If the Commission determines that no alternative testing requirement is available or economically practicable, it shall exempt small batch manufacturers from third party testing requirements under subsections (a) and (b).
(iii) Certification
In lieu of or as part of any alternative testing requirements provided under clause (i), the Commission may allow certification of a product to an applicable consumer product safety rule, ban, standard, or regulation, or portion thereof, based on documentation that the product complies with another national or international governmental standard or safety requirement that the Commission determines is the same or more stringent than the consumer product safety rule, ban, standard, or regulation, or portion thereof. Any such certification shall only be allowed to the extent of the equivalency with a consumer product safety rule, ban, standard, or regulation and not to any other part of the consumer product safety rule, ban, standard, or regulation.
(iv) Restriction
Except as provided in subparagraph (C), and except where the Commission determines that the manufacturer does not meet the definition of a small batch manufacturer, for any small batch manufacturer registered pursuant to subparagraph (B), the Commission may not require third party testing of a covered product by a third party conformity assessment body until the Commission has provided either an alternative testing requirement or an exemption in accordance with clause (i) or (ii), respectively.
(B) Registration
Any small batch manufacturer that utilizes alternative requirements or an exemption under this paragraph shall register with the Commission prior to using such alternative requirements or exemptions pursuant to any guidelines issued by the Commission to carry out this requirement.
(C) Limitation
The Commission shall not provide or permit to continue in effect any alternative requirements or exemption from third party testing requirements under this paragraph where it determines, based on notice and a hearing, that full compliance with subsection (a) or (b) is reasonably necessary to protect public health or safety. The Commission shall not provide any alternative requirements or exemption for—
(i) any of the third party testing requirements described in clauses (i) through (v) of subsection (a)(3)(B); or
(ii) durable infant or toddler products, as defined in
(D) Subsequent manufacturer
Nothing in this paragraph shall be construed to affect third party testing or any other requirements with respect to a subsequent manufacturer or other entity that uses components provided by one or more small batch manufacturers.
(E) Definitions
For purposes of this paragraph—
(i) the term "covered product" means a consumer product manufactured by a small batch manufacturer where no more than 7,500 units of the same product were manufactured in the previous calendar year; and
(ii) the term "small batch manufacturer" means a manufacturer that had no more than $1,000,000 in total gross revenue from sales of all consumer products in the previous calendar year. The dollar amount contained in this paragraph shall be adjusted annually by the percentage increase in the Consumer Price Index for all urban consumers published by the Department of Labor.
For purposes of determining the total gross revenue for all sales of all consumer products of a manufacturer under this subparagraph, such total gross revenue shall be considered to include all gross revenue from all sales of all consumer products of each entity that controls, is controlled by, or is under common control with such manufacturer. The Commission shall take steps to ensure that all relevant business affiliations are considered in determining whether or not a manufacturer meets this definition.
(5) Exclusion from third party testing
(A) Certain printed materials
(i) In general
The third party testing requirements established under subsection (a) shall not apply to ordinary books or ordinary paper-based printed materials.
(ii) Definitions
(I) Ordinary book
The term "ordinary book" means a book printed on paper or cardboard, printed with inks or toners, and bound and finished using a conventional method, and that is intended to be read or has educational value. Such term does not include books with inherent play value, books designed or intended for a child 3 years of age or younger, and does not include any toy or other article that is not a book that is sold or packaged with an ordinary book.
(II) Ordinary paper-based printed materials
The term "ordinary paper-based printed materials" means materials printed on paper or cardboard, such as magazines, posters, greeting cards, and similar products, that are printed with inks or toners and bound and finished using a conventional method.
(III) Exclusions
Such terms do not include books or printed materials that contain components that are printed on material other than paper or cardboard or contain nonpaper-based components such as metal or plastic parts or accessories that are not part of the binding and finishing materials used in a conventional method.
(B) Metal component parts of bicycles
The third party testing requirements established under subsection (a) shall not apply to metal component parts of bicycles with respect to compliance with the lead content limits in place pursuant to
(e) Withdrawal of accreditation
(1) In general
The Commission may withdraw its accreditation or its acceptance of the accreditation of a third party conformity assessment body accredited under this section if the Commission finds, after notice and investigation, that—
(A) a manufacturer, private labeler, or governmental entity has exerted undue influence on such conformity assessment body or otherwise interfered with or compromised the integrity of the testing process with respect to the certification of a children's product under this section; or
(B) such conformity assessment body failed to comply with an applicable protocol, standard, or requirement established by the Commission under subsection (d).
(2) Procedure
In any proceeding to withdraw the accreditation of a conformity assessment body, the Commission—
(A) shall consider the gravity of the conformity assessment body's action or failure to act, including—
(i) whether the action or failure to act resulted in injury, death, or the risk of injury or death;
(ii) whether the action or failure to act constitutes an isolated incident or represents a pattern or practice; and
(iii) whether and when the conformity assessment body initiated remedial action; and
(B) may—
(i) withdraw its acceptance of the accreditation of the conformity assessment body on a permanent or temporary basis; and
(ii) establish requirements for reaccreditation of the conformity assessment body.
(3) Failure to cooperate
The Commission may suspend the accreditation of a conformity assessment body if it fails to cooperate with the Commission in an investigation under this section.
(f) Definitions
In this section:
(1) Children's product safety rule
The term "children's product safety rule" means a consumer product safety rule under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the Commission, including a rule declaring a consumer product to be a banned hazardous product or substance.
(2) Third party conformity assessment body
(A) In general
The term "third party conformity assessment body" means a conformity assessment body that, except as provided in subparagraph (D), is not owned, managed, or controlled by the manufacturer or private labeler of a product assessed by such conformity assessment body.
(B) Governmental participation
Such term may include an entity that is owned or controlled in whole or in part by a government if—
(i) to the extent practicable, manufacturers or private labelers located in any nation are permitted to choose conformity assessment bodies that are not owned or controlled by the government of that nation;
(ii) the entity's testing results are not subject to undue influence by any other person, including another governmental entity;
(iii) the entity is not accorded more favorable treatment than other third party conformity assessment bodies in the same nation who have been accredited under this section;
(iv) the entity's testing results are accorded no greater weight by other governmental authorities than those of other third party conformity assessment bodies accredited under this section; and
(v) the entity does not exercise undue influence over other governmental authorities on matters affecting its operations or on decisions by other governmental authorities controlling distribution of products based on outcomes of the entity's conformity assessments.
(C) Testing and certification of art materials and products
A certifying organization (as defined in appendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations (or any successor regulation or ruling)) meets the requirements of subparagraph (A) with respect to the certification of art material and art products required under this section or by regulations prescribed under the Federal Hazardous Substances Act (
(D) Firewalled conformity assessment bodies
Upon request, the Commission may accredit a conformity assessment body that is owned, managed, or controlled by a manufacturer or private labeler as a third party conformity assessment body if the Commission by order finds that—
(i) accreditation of the conformity assessment body would provide equal or greater consumer safety protection than the manufacturer's or private labeler's use of an independent third party conformity assessment body; and
(ii) the conformity assessment body has established procedures to ensure that—
(I) its test results are protected from undue influence by the manufacturer, private labeler or other interested party;
(II) the Commission is notified immediately of any attempt by the manufacturer, private labeler or other interested party to hide or exert undue influence over test results; and
(III) allegations of undue influence may be reported confidentially to the Commission.
(g) Requirements for certificates
(1) Identification of issuer and conformity assessment body
Every certificate required under this section shall identify the manufacturer or private labeler issuing the certificate and any third party conformity assessment body on whose testing the certificate depends. The certificate shall include, at a minimum, the date and place of manufacture, the date and place where the product was tested, each party's name, full mailing address, telephone number, and contact information for the individual responsible for maintaining records of test results.
(2) English language
Every certificate required under this section shall be legible and all content required by this section shall be in the English language. A certificate may also contain the same content in any other language.
(3) Availability of certificates
Every certificate required under this section shall accompany the applicable product or shipment of products covered by the same certificate and a copy of the certificate shall be furnished to each distributor or retailer of the product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy of the certificate to the Commission.
(4) Electronic filing of certificates for imported products
In consultation with the Commissioner of U.S. Customs and Border Protection, the Commission may, by rule, provide for the electronic filing of certificates under this section up to 24 hours before arrival of an imported product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy to the Commission and to the Commissioner of U.S. Customs and Border Protection.
(h) Rule of construction
Compliance of any children's product with third party testing and certification or general conformity certification requirements under this section shall not be construed to exempt such children's product from any requirement that such product actually be in conformity with all applicable rules, regulation, standards, or ban under any Act enforced by the Commission.
(i) Requirement for advertisements
No advertisement for a consumer product or label or packaging of such product may contain a reference to a consumer product safety rule or a voluntary consumer product safety standard unless such product conforms with the applicable safety requirements of such rule or standard.
(
References in Text
The Federal Hazardous Substances Act, referred to in subsec. (f)(2)(C), is
Amendments
2011—Subsec. (a)(5).
Subsec. (d).
Subsec. (d)(2)(B)(ii).
Subsec. (d)(3) to (5).
Subsec. (i).
2008—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (b).
Subsec. (c)(2) to (4).
Subsec. (d).
Subsecs. (e) to (h).
Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in two places in subsec. (g)(4) on authority of section 802(d)(2) of
Effective Date of 2008 Amendment
Amendment by section 103(c) of
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
CPSC Consideration of Existing Requirements
1 So in original. Such title refers to title 16, Code of Federal Regulations.
§2064. Substantial product hazards
(a) "Substantial product hazard" defined
For purposes of this section, the term "substantial product hazard" means—
(1) a failure to comply with an applicable consumer product safety rule under this chapter or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or
(2) a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.
(b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailer
Every manufacturer of a consumer product, or other product or substance over which the Commission has jurisdiction under any other Act enforced by the Commission (other than motor vehicle equipment as defined in
(1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Commission has relied under
(2) fails to comply with any other rule, regulation, standard, or ban under this chapter or any other Act enforced by the Commission;
(3) contains a defect which could create a substantial product hazard described in subsection (a)(2); or
(4) creates an unreasonable risk of serious injury or death,
shall immediately inform the Commission of such failure to comply, of such defect, or of such risk, unless such manufacturer, distributor, or retailer has actual knowledge that the Commission has been adequately informed of such defect, failure to comply, or such risk. A report provided under paragraph (2) may not be used as the basis for criminal prosecution of the reporting person under
(c) Notice of defect or failure to comply; mail notice
(1) If the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (f) of this section) that a product distributed in commerce presents a substantial product hazard and that notification is required in order to adequately protect the public from such substantial product hazard, or if the Commission, after notifying the manufacturer, determines a product to be an imminently hazardous consumer product and has filed an action under
(A) To cease distribution of the product.
(B) To notify all persons that transport, store, distribute, or otherwise handle the product, or to which the product has been transported, sold, distributed, or otherwise handled, to cease immediately distribution of the product.
(C) To notify appropriate State and local public health officials.
(D) To give public notice of the defect or failure to comply, including posting clear and conspicuous notice on its Internet website, providing notice to any third party Internet website on which such manufacturer, retailer, distributor, or licensor has placed the product for sale, and announcements in languages other than English and on radio and television where the Commission determines that a substantial number of consumers to whom the recall is directed may not be reached by other notice.
(E) To mail notice to each person who is a manufacturer, distributor, or retailer of such product.
(F) To mail notice to every person to whom the person required to give notice knows such product was delivered or sold.
Any such order shall specify the form and content of any notice required to be given under such order.
(2) The Commission may require a notice described in paragraph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to adequately protect the public.
(3) If a district court determines, in an action filed under
(d) Repair; replacement; refunds; action plan
(1) If the Commission determines (after affording interested parties, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (f)) that a product distributed in commerce presents a substantial product hazard and that action under this subsection is in the public interest, it may order the manufacturer or any distributor or retailer of such product to provide the notice required by subsection (c) and to take any one or more of the following actions it determines to be in the public interest:
(A) To bring such product into conformity with the requirements of the applicable rule, regulation, standard, or ban or to repair the defect in such product.
(B) To replace such product with a like or equivalent product which complies with the applicable rule, regulation, standard, or ban or which does not contain the defect.
(C) To refund the purchase price of such product (less a reasonable allowance for use, if such product has been in the possession of a consumer for one year or more (i) at the time of public notice under subsection (c), or (ii) at the time the consumer receives actual notice of the defect or noncompliance, whichever first occurs).
(2) An order under this subsection shall also require the person to whom it applies to submit a plan, for approval by the Commission, for taking action under whichever of the preceding subparagraphs under which such person has been ordered to act. The Commission shall specify in the order the persons to whom refunds must be made if the Commission orders the action described in subparagraph (C).2 An order under this subsection may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States), or from doing any combination of such actions, the product with respect to which the order was issued.
(3)(A) If the Commission approves an action plan, it shall indicate its approval in writing.
(B) If the Commission finds that an approved action plan is not effective or appropriate under the circumstances, or that the manufacturer, retailer, or distributor is not executing an approved action plan effectively, the Commission may, by order, amend, or require amendment of, the action plan. In determining whether an approved plan is effective or appropriate under the circumstances, the Commission shall consider whether a repair or replacement changes the intended functionality of the product.
(C) If the Commission determines, after notice and opportunity for comment, that a manufacturer, retailer, or distributor has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan. The manufacturer, retailer, or distributor to which the action plan applies may not distribute in commerce the product to which the action plan relates after receipt of notice of a revocation of the action plan.
(e) Reimbursement
(1) No charge shall be made to any person (other than a manufacturer, distributor, or retailer) who avails himself of any remedy provided under an order issued under subsection (d), and the person subject to the order shall reimburse each person (other than a manufacturer, distributor, or retailer) who is entitled to such a remedy for any reasonable and foreseeable expenses incurred by such person in availing himself of such remedy.
(2) An order issued under subsection (c) or (d) with respect to a product may require any person who is a manufacturer, distributor, or retailer of the product to reimburse any other person who is a manufacturer, distributor, or retailer of such product for such other person's expenses in connection with carrying out the order, if the Commission determines such reimbursement to be in the public interest.
(f) Hearing
(1) Except as provided in paragraph (2), an order under subsection (c) or (d) may be issued only after an opportunity for a hearing in accordance with
(2) The requirement for a hearing in paragraph (1) shall not apply to an order issued under subsection (c) or (d) relating to an imminently hazardous consumer product with regard to which the Commission has filed an action under
(g) Preliminary injunction
(1) If the Commission has initiated a proceeding under this section for the issuance of an order under subsection (d) with respect to a product which the Commission has reason to believe presents a substantial product hazard, the Commission (without regard to
(2) Any preliminary injunction, and any extension of a preliminary injunction, issued under this subsection with respect to a product shall be in effect for such period as the issuing court prescribes not to exceed a period which extends beyond the thirtieth day from the date of the issuance of the preliminary injunction (or, in the case of a preliminary injunction which has been extended, the date of its extension) or the date of the completion or termination of the proceeding under this section respecting such product, whichever date occurs first.
(3) The amount in controversy requirement of
(h) Cost-benefit analysis of notification or other action not required
Nothing in this section shall be construed to require the Commission, in determining that a product distributed in commerce presents a substantial product hazard and that notification or other action under this section should be taken, to prepare a comparison of the costs that would be incurred in providing notification or taking other action under this section with the benefits from such notification or action.
(i) Requirements for recall notices
(1) Guidelines
Not later than 180 days after August 14, 2008, the Commission shall, by rule, establish guidelines setting forth a uniform class of information to be included in any notice required under an order under subsection (c) or (d) of this section or under
(A) identifying the specific product that is subject to such an order;
(B) understanding the hazard that has been identified with such product (including information regarding incidents or injuries known to have occurred involving such product); and
(C) understanding what remedy, if any, is available to a consumer who has purchased the product.
(2) Content
Except to the extent that the Commission determines with respect to a particular product that one or more of the following items is unnecessary or inappropriate under the circumstances, the notice shall include the following:
(A) description of the product, including—
(i) the model number or stock keeping unit (SKU) number of the product;
(ii) the names by which the product is commonly known; and
(iii) a photograph of the product.
(B) A description of the action being taken with respect to the product.
(C) The number of units of the product with respect to which the action is being taken.
(D) A description of the substantial product hazard and the reasons for the action.
(E) An identification of the manufacturers and significant retailers of the product.
(F) The dates between which the product was manufactured and sold.
(G) The number and a description of any injuries or deaths associated with the product, the ages of any individuals injured or killed, and the dates on which the Commission received information about such injuries or deaths.
(H) A description of—
(i) any remedy available to a consumer;
(ii) any action a consumer must take to obtain a remedy; and
(iii) any information a consumer needs in order to obtain a remedy or information about a remedy, such as mailing addresses, telephone numbers, fax numbers, and email addresses.
(I) Other information the Commission deems appropriate.
(j) Substantial product hazard list
(1) In general
The Commission may specify, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence shall be deemed a substantial product hazard under subsection (a)(2), if the Commission determines that—
(A) such characteristics are readily observable and have been addressed by voluntary standards; and
(B) such standards have been effective in reducing the risk of injury from consumer products and that there is substantial compliance with such standards.
(2) Judicial review
Not later than 60 days after promulgation of a rule under paragraph (1), any person adversely affected by such rule may file a petition for review under the procedures set forth in
(
References in Text
The Harmonized Tariff Schedule of the United States, referred to in subsec. (d)(2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
Amendments
2008—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(1)(D).
Subsec. (c)(2), (3).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(1)(A), (B).
Subsec. (d)(1)(C).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (f).
Subsec. (i).
Subsec. (j).
1990—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (f).
Subsec. (h).
1988—Subsec. (d).
1983—Subsec. (g)(1).
1981—Subsec. (g)(1).
1976—Subsec. (d).
Subsec. (g).
Effective Date of 2008 Amendment
Amendment by section 214(a)(2) of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Reporting Requirements
"(a)
"(1)
"(A) an incident occurred in which a child (regardless of age) choked on such a marble, small ball, or latex balloon or on a marble, small ball, latex balloon, or other small part contained in such toy or game; and
"(B) as a result of that incident the child died, suffered serious injury, ceased breathing for any length of time, or was treated by a medical professional.
"(2)
"(3)
"(b)
1 See References in Text note below.
2 So in original. Probably should be "paragraph (1)(C)."
3 So in original. Probably should be preceded by "section".
4 So in original. Probably should be "extend".
§2065. Inspection and recordkeeping
(a) Inspection
For purposes of implementing this chapter, or rules or orders prescribed under this chapter, officers or employees duly designated by the Commission, upon presenting appropriate credentials and a written notice from the Commission to the owner, operator, or agent in charge, are authorized—
(1) to enter, at reasonable times, (A) any factory, warehouse, or establishment in which consumer products are manufactured or held, in connection with distribution in commerce, (B) any firewalled conformity assessment bodies accredited under
(2) to inspect, at reasonable times and in a reasonable manner such conveyance or those areas of such factory, firewalled conformity assessment body, warehouse, or establishment where such products are manufactured, held, or transported and which may relate to the safety of such products. Each such inspection shall be commenced and completed with reasonable promptness.
(b) Recordkeeping
Every person who is a manufacturer, private labeler, or distributor of a consumer product shall establish and maintain such records, make such reports, and provide such information as the Commission may, by rule, reasonably require for the purposes of implementing this chapter, or to determine compliance with rules or orders prescribed under this chapter. Upon request of an officer or employee duly designated by the Commission, every such manufacturer, private labeler, or distributor shall permit the inspection of appropriate books, records, and papers relevant to determining whether such manufacturer, private labeler, or distributor has acted or is acting in compliance with this chapter and rules under this chapter.
(c) Identification of manufacturers, importers, retailers, and distributors
Upon request by an officer or employee duly designated by the Commission—
(1) every importer, retailer, or distributor of a consumer product (or other product or substance over which the Commission has jurisdiction under this chapter or any other Act) shall identify the manufacturer of that product by name, address, or such other identifying information as the officer or employee may request, to the extent that such information is known or can be readily determined by the importer, retailer, or distributor; and
(2) every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request—
(A) each retailer or distributor to which the manufacturer directly supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this chapter or any other Act);
(B) each subcontractor involved in the production or fabrication of such product or substance; and
(C) each subcontractor from which the manufacturer obtained a component thereof.
(d) Manufacturer's compliance
The Commission shall, by rule, condition the manufacturing for sale, offering for sale, distribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer's compliance with the inspection and recordkeeping requirements of this chapter and the Commission's rules with respect to such requirements.
(
Amendments
2008—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
§2066. Imported products
(a) Refusal of admission
Any consumer product offered for importation into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) shall be refused admission into such customs territory if such product—
(1) fails to comply with an applicable consumer product safety rule;
(2) is not accompanied by a certificate required by this chapter or any other Act enforced by the Commission, or is accompanied by a false certificate, if the manufacturer in the exercise of due care has reason to know that the certificate is false or misleading in any material respect, or is not accompanied by any label or certificate (including tracking labels) required under
(3) is or has been determined to be an imminently hazardous consumer product in a proceeding brought under
(4) has a product defect which constitutes a substantial product hazard (within the meaning of section 2064(a)(2)) of this title; or
(5) is a product which was manufactured by a person who the Commission has informed the Secretary of the Treasury is in violation of subsection (g).
(b) Samples
The Secretary of the Treasury shall obtain without charge and deliver to the Commission, upon the latter's request, a reasonable number of samples of consumer products being offered for import. Except for those owners or consignees who are or have been afforded an opportunity for a hearing in a proceeding under
(c) Modification
If it appears to the Commission that any consumer product which may be refused admission pursuant to subsection (a) of this section can be so modified that it need not (under the terms of paragraphs (1) through (4) of subsection (a)) be refused admission, the Commission may defer final determination as to the admission of such product and, in accordance with such regulations as the Commission and the Secretary of the Treasury shall jointly agree to, permit such product to be delivered from customs custody under bond for the purpose of permitting the owner or consignee an opportunity to so modify such product.
(d) Supervision of modifications
All actions taken by an owner or consignee to modify such product under subsection (c) shall be subject to the supervision of an officer or employee of the Commission and of the Department of the Treasury. If it appears to the Commission that the product cannot be so modified or that the owner or consignee is not proceeding satisfactorily to modify such product, it shall be refused admission into the customs territory of the United States, and the Commission may direct the Secretary to demand redelivery of the product into customs custody, and to seize the product in accordance with
(e) Product destruction
Products refused admission into the customs territory of the United States shall be destroyed unless, upon application by the owner, consignee, or importer of record, the Secretary of the Treasury permits the export of the product in lieu of destruction. If the owner, consignee, or importer of record does not export the product within 90 days of approval to export, such product shall be destroyed.
(f) Payment of expenses occasioned by refusal of admission
All expenses (including travel, per diem or subsistence, and salaries of officers or employees of the United States) in connection with the destruction provided for in this section (the amount of such expenses to be determined in accordance with regulations of the Secretary of the Treasury) and all expenses in connection with the storage, cartage, or labor with respect to any consumer product refused admission under this section, shall be paid by the owner or consignee and, in default of such payment, shall constitute a lien against any future importations made by such owner or consignee.
(g) Inspection and recordkeeping requirement
Manufacturers of imported products shall be in compliance with all inspection and recordkeeping requirements under
(h) Product surveillance program
(1) The Commission shall establish and maintain a permanent product surveillance program, in cooperation with other appropriate Federal agencies, for the purpose of carrying out the Commission's responsibilities under this chapter and the other Acts administered by the Commission and preventing the entry of unsafe consumer products into the commerce of the United States.
(2) The Commission may provide to the agencies with which it is cooperating under paragraph (1) such information, data, violator lists, test results, and other support, guidance, and documents as may be necessary or helpful for such agencies to cooperate with the Commission to carry out the product surveillance program under paragraph (1).
(3) The Commission shall periodically report to the appropriate Congressional committees the results of the surveillance program under paragraph (1).
(
References in Text
The Harmonized Tariff Schedule of the United States, referred to in subsec. (a), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
Amendments
2008—Subsec. (a)(2).
Subsec. (e).
Subsec. (g).
Subsec. (h)(3).
1990—Subsec. (h).
1988—Subsec. (a).
Effective Date of 2008 Amendment
Amendment by sections 216(b) and 223(b) of
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Import Safety Management and Interagency Cooperation
"(a)
"(1) intended for import into the United States; and
"(2) likely to include consumer products in violation of section 17(a) of the Consumer Product Safety Act (
"(b)
"(1) provide for the use of the International Trade Data System, insofar as is practicable, established under section 411(d) of the Tariff Act of 1930 (
"(2) incorporate the risk assessment methodology required under this section into its information technology modernization plan;
"(3) examine, in consultation with U.S. Customs and Border Protection, how to share information collected and retained by the Commission, including information in the database required under section 6A of the Consumer Product Safety Act [
"(4) examine, in consultation with U.S. Customs and Border Protection, how to share information required by section 15(j) of the CPSA [
"(c)
"(1) The number of full-time equivalent personnel employed by the Commission that should be stationed at U.S. ports of entry for the purpose of identifying shipments of consumer products that are in violation of section 17(a) of the Consumer Product Safety Act (
"(2) The extent and nature of cooperation between the Commission and U.S. Customs and Border Protection personnel stationed at ports of entry in the identification of shipments of consumer product that are in violation of section 17(a) of the Consumer Product Safety Act (
"(3) The number of full-time equivalent personnel employed by the Commission that should be stationed at the National Targeting Center (or its equivalent) of U.S. Customs and Border Protection, including—
"(A) the extent and nature of cooperation between Commission and U.S. Customs and Border Protection personnel stationed at the National Targeting Center (or its equivalent), as well as at United States ports of entry;
"(B) the responsibilities of Commission personnel assigned to the National Targeting Center (or its equivalent) under subsection (b)(3); and
"(C) whether the information available at the National Targeting Center (or its equivalent) would be useful to the Commission or U.S. Customs and Border Protection in identifying the consumer products described in subsection (a).
"(4) The development of rule sets for the Automated Targeting System and expedited access for the Commission to the Automated Targeting System.
"(5) The information and resources necessary for the development, updating, and effective implementation of the risk assessment methodology required in subsection (a).
"(d)
"(1) The Commission's plan for implementing the risk assessment methodology required under this section.
"(2) The changes made or necessary to be made to the Commission's memorandum of understanding with U.S. Customs and Border Protection.
"(3) The status of—
"(A) the development of the Automated Targeting System rule set required under subsection (c)(4) of this section;
"(B) the Commission's access to the Automated Targeting System; and
"(C) the effectiveness of the International Trade Data System in enhancing cooperation between the Commission and U.S. Customs and Border Protection for the purpose of identifying shipments of consumer products in violation of section 17(a) of the Consumer Product Safety Act (
"(4) Whether the Commission requires additional statutory authority under the Consumer Product Safety Act [
"(5) The level of appropriations necessary to implement the risk assessment methodology required under this section."
[For definitions of "Commission" and "appropriate Congressional committees" used in section 222 of
§2067. Exemption of exports
(a) Risk of injury to consumers within United States
This chapter shall not apply to any consumer product if (1) it can be shown that such product is manufactured, sold, or held for sale for export from the United States (or that such product was imported for export), unless (A) such consumer product is in fact distributed in commerce for use in the United States, or (B) the Commission determines that exportation of such product presents an unreasonable risk of injury to consumers within the United States, and (2) such consumer product when distributed in commerce, or any container in which it is enclosed when so distributed, bears a stamp or label stating that such consumer product is intended for export; except that this chapter shall apply to any consumer product manufactured for sale, offered for sale, or sold for shipment to any installation of the United States located outside of the United States.
(b) Statement of exportation: filing period, information; notification of foreign country; petition for minimum filing period: good cause
Not less than thirty days before any person exports to a foreign country any product which is not in conformity with an applicable consumer product safety rule in effect under this chapter, such person shall file a statement with the Commission notifying the Commission of such exportation, and the Commission, upon receipt of such statement, shall promptly notify the government of such country of such exportation and the basis for such safety standard or rule. Any statement filed with the Commission under the preceding sentence shall specify the anticipated date of shipment of such product, the country and port of destination of such product, and the quantity of such product that will be exported, and shall contain such other information as the Commission may by regulation require. Upon petition filed with the Commission by any person required to file a statement under this subsection respecting an exportation, the Commission may, for good cause shown, exempt such person from the requirement of this subsection that such a statement be filed no less than thirty days before the date of the exportation, except that in no case shall the Commission permit such a statement to be filed later than the tenth day before such date.
(c) Authority to prohibit exports
The Commission may prohibit a person from exporting from the United States for purpose of sale any consumer product that is not in conformity with an applicable consumer product safety rule under this chapter, unless the importing country has notified the Commission that such country accepts the importation of such consumer product, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as appropriate within its authority with respect to the disposition of the product under the circumstances.
(d) Export pursuant to section 2066(e)
Nothing in this section shall apply to any consumer product, the export of which is permitted by the Secretary of the Treasury pursuant to
(
Amendments
2008—Subsec. (b).
"(1) which is not in conformity with an applicable consumer product safety standard in effect under this chapter, or
"(2) which is declared to be a banned hazardous substance by a rule promulgated under
Subsecs. (c), (d).
1978—Subsec. (a).
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
§2068. Prohibited acts
(a) Designation
It shall be unlawful for any person to—
(1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this chapter, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission;
(2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is—
(B) 1 subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public or if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action;
(C) subject to an order issued under
(D) a banned hazardous substance within the meaning of
(3) fail or refuse to permit access to or copying of records, or fail or refuse to establish or maintain records, or fail or refuse to make reports or provide information, or fail or refuse to permit entry or inspection, as required under this chapter or rule thereunder;
(4) fail to furnish information required by
(5) fail to comply with an order issued under section 2064(c) or (d) of this title (relating to notification, to repair, replacement, and refund, and to prohibited acts);
(6) fail to furnish a certificate required by this chapter or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any requirement of
(7) fail to comply with any rule under
(8) fail to comply with any rule under
(9) fail to comply with any rule or requirement under
(10) fail to file a statement with the Commission pursuant to
(11) fail to furnish information required by
(12) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark;
(13) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under
(14) exercise, or attempt to exercise, undue influence on a third party conformity assessment body (as defined in
(15) export from the United States for purpose of sale any consumer product, or other product or substance regulated by the Commission (other than a consumer product or substance, the export of which is permitted by the Secretary of the Treasury pursuant to
(A) is subject to an order issued under
(B) is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public; or
(16) violate an order of the Commission issued under
(b) Exception
Paragraphs (1) and (2) of subsection (a) of this section shall not apply to any person (1) who holds a certificate issued in accordance with
(
Amendments
2011—Subsec. (a)(14).
2008—Subsec. (a)(1), (2).
"(1) manufacture for sale, offer for sale, distribute in commerce, or import into the United States any consumer product which is not in conformity with an applicable consumer product safety standard under this chapter;
"(2) manufacture for sale, offer for sale, distribute in commerce, or import into the United States any consumer product which has been declared a banned hazardous product by a rule under this chapter;".
Subsec. (a)(6).
Subsec. (a)(7) to (10).
Subsec. (a)(12) to (16).
1990—Subsec. (a)(11).
1983—Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9), (10).
1978—Subsec. (a)(10).
1976—Subsec. (a).
Effective Date of 2008 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Duty To Report Choking Incidents Caused by Children's Toys or Games
For purposes of subsec. (a)(3) of this section, requirement to report information relating to choking incidents caused by children's toys or games to Consumer Product Safety Commission deemed a requirement under this chapter, see section 102 of
1 So in original. No subpar. (A) has been enacted.
2 So in original. The period probably should be a semicolon.
3 So in original. The word "or" probably should not appear.
§2069. Civil penalties
(a) Amount of penalty
(1) Any person who knowingly violates
(2) The second sentence of paragraph (1) of this subsection shall not apply to violations of paragraph (1) or (2) of
(A) if the person who violated such paragraphs is not the manufacturer or private labeler or a distributor of the products involved, and
(B) if such person did not have either (i) actual knowledge that his distribution or sale of the product violated such paragraphs or (ii) notice from the Commission that such distribution or sale would be a violation of such paragraphs.
(3)(A) The maximum penalty amounts authorized in paragraph (1) shall be adjusted for inflation as provided in this paragraph.
(B) Not later than December 1, 2011, and December 1 of each fifth calendar year thereafter, the Commission shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication.
(C) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts referred to in paragraph (1) by the cost-of-living adjustment for the preceding five years. Any increase determined under the preceding sentence shall be rounded to—
(i) in the case of penalties greater than $1,000 but less than or equal to $10,000, the nearest multiple of $1,000;
(ii) in the case of penalties greater than $10,000 but less than or equal to $100,000, the nearest multiple of $5,000;
(iii) in the case of penalties greater than $100,000 but less than or equal to $200,000, the nearest multiple of $10,000; and
(iv) in the case of penalties greater than $200,000, the nearest multiple of $25,000.
(D) For purposes of this subsection:
(i) The term "Consumer Price Index" means the Consumer Price Index for all-urban consumers published by the Department of Labor.
(ii) The term "cost-of-living adjustment for the preceding five years" means the percentage by which—
(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds
(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.
(b) Relevant factors in determining amount of penalty
In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of
(c) Compromise of penalty; deductions from penalty
Any civil penalty under this section may be compromised by the Commission. In determining the amount of such penalty or whether it should be remitted or mitigated and in what amount, the Commission shall consider the appropriateness of such penalty to the size of the business of the person charged, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including,1 the nature of the product defect, the severity of the risk of injury, the occurrence or absence of injury, and the number of defective products distributed, and such other factors as appropriate. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged.
(d) "Knowingly" defined
As used in the first sentence of subsection (a)(1) of this section, the term "knowingly" means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations.
(
Amendments
2008—Subsec. (a)(1).
Subsec. (a)(3)(B).
Subsec. (b).
Subsec. (c).
1990—Subsec. (a)(1).
Subsec. (a)(3).
1981—Subsecs. (b) to (d).
1978—Subsec. (a)(1).
1976—Subsec. (a)(1).
Effective Date of 2008 Amendment
Amendment by section 217(a)(1) of
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
Civil Penalty Criteria
1 So in original. The comma probably should not appear.
§2070. Criminal penalties
(a) Violation of
(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;
(2) a fine determined under
(3) both.
(b) Any individual director, officer, or agent of a corporation who knowingly and willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of
(c)(1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this chapter or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation.
(2) In this subsection, the term "criminal violation" means a violation of this chapter or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.
(
Amendments
2008—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
§2071. Injunctive enforcement and seizure
(a) Jurisdiction
The United States district courts shall have jurisdiction to take the following action:
(1) Restrain any violation of
(2) Restrain any person from manufacturing for sale, offering for sale, distributing in commerce, or importing into the United States a product in violation of an order in effect under
(3) Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule.
Such actions may be brought by the Commission (without regard to
(b) Products liable to proceeding
Any consumer product—
(1) which fails to conform with an applicable consumer product safety rule, or
(2) the manufacture for sale, offering for sale, distribution in commerce, or the importation into the United States of which has been prohibited by an order in effect under
when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which such consumer product is found. Proceedings in cases instituted under the authority of this subsection shall conform as nearly as possible to proceedings in rem in admiralty. Whenever such proceedings involving substantially similar consumer products are pending in courts of two or more judicial districts they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest upon notice to all other parties in interest.
(
Amendments
1976—Subsec. (a).
Subsec. (b).
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
§2072. Suits for damages
(a) Persons injured; costs; amount in controversy
Any person who shall sustain injury by reason of any knowing (including willful) violation of a consumer product safety rule, or any other rule or order issued by the Commission may sue any person who knowingly (including willfully) violated any such rule or order in any district court of the United States in the district in which the defendant resides or is found or has an agent, shall recover damages sustained and may, if the court determines it to be in the interest of justice, recover the costs of suit, including reasonable attorneys' fees (determined in accordance with
(b) Denial and imposition of costs
Except when express provision is made in a statute of the United States, in any case in which the plaintiff is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interests and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
(c) Remedies available
The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by common law or under Federal or State law.
(
Amendments
1981—Subsec. (a).
1980—Subsec. (a).
Subsecs. (b), (c).
1976—Subsec. (a).
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment; Applicability
For effective date and applicability of amendment by
Effective Date
Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of
§2073. Additional enforcement of product safety rules and section 2064 orders
(a) In general
Any interested person (including any individual or nonprofit, business, or other entity) may bring an action in any United States district court for the district in which the defendant is found or transacts business to enforce a consumer product safety rule or an order under
(b) State Attorney General enforcement
(1) Right of action
Except as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of
(2) Initiation of civil action
(A) Notice to Commission required in all cases
A State shall provide written notice to the Commission regarding any civil action under paragraph (1). Except when proceeding under subparagraph (C), the State shall provide the notice at least 30 days before the date on which the State intends to initiate the civil action by filing a complaint.
(B) Filing of complaint
A State may initiate the civil action by filing a complaint—
(i) at any time after the date on which the 30-day period ends; or
(ii) earlier than such date if the Commission consents to an earlier initiation of the civil action by the State.