1. U.S. Code
  2. title 15
  3. chapter 47
  4. § 2074

Collapse to view only § 2074. Private remedies

§ 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.
(Pub. L. 92–573, § 2, Oct. 27, 1972, 86 Stat. 1207.)

CITE AS: 15 USC 2051

§ 2052. Definitions
(a) In general
In this chapter:
(1) Appropriate Congressional committees
(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
(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
1 See References in Text note below.
),
(D) pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]),
(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 [26 U.S.C. 4181] (determined without regard to any exemptions from such tax provided by section 4182 or 4221, or any other provision of such Code), or any component of any such article,
(F) aircraft, aircraft engines, propellers, or appliances (as defined in section 40102(a) of title 49),
(G) boats which could be subjected to safety regulation under chapter 43 of title 46; vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation under title 52 of the Revised Statutes or other marine safety statutes administered by the department in which the Coast Guard is operating; and equipment (including associated equipment, as defined in section 2101(1) of title 46) to the extent that a risk of injury associated with the use of such equipment on boats or vessels could be eliminated or reduced by actions taken under any statute referred to in this subparagraph,
(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 [21 U.S.C. 321(g), (h), and (i)]), or
(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 [21 U.S.C. 321(f)], including poultry and poultry products (as defined in sections 4(e) and (f) of the Poultry Products Inspection Act [21 U.S.C. 453(e) and (f)]), meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and eggs and egg products (as defined in section 4 of the Egg Products Inspection Act [21 U.S.C. 1033]).
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 [15 U.S.C. 1261 et seq.] of fireworks devices or any substance intended for use as a component of any such device, the Commission shall have no authority under the functions transferred pursuant to section 2079 of this title to regulate any product or article described in subparagraph (E) of this paragraph or described, without regard to quantity, in section 845(a)(5) of title 18. See sections 2079(d) 1 and 2080 of this title, for other limitations on Commission’s authority to regulate certain consumer products.
(6) Consumer product safety rule
(7) Distribute in commerce; distribution in commerce
(8) Distributor
(9) Import; importation
(10) Manufactured
(11) Manufacturer
(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
(14) Risk of injury
(15) State
(16) Third-party logistics provider
(17) United States
(b) Common carriers, contract carriers, third-party logistics provider, and freight forwarders
(Pub. L. 92–573, § 3, Oct. 27, 1972, 86 Stat. 1208; Pub. L. 94–284, § 3(b), (d), May 11, 1976, 90 Stat. 503; Pub. L. 97–35, title XII, § 1213, Aug. 13, 1981, 95 Stat. 724; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 110–314, title II, § 235(a)–(c)(1), Aug. 14, 2008, 122 Stat. 3074.)

CITE AS: 15 USC 2052

§ 2053. Consumer Product Safety Commission
(a) Establishment; Chairman
(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
(d) Quorum; seal; Vice Chairman
(e) Offices
(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 section 5108(a) of title 5, the Chairman, subject to the approval of the Commission, and subject to the standards and procedures prescribed by chapter 51 of title 5, may place a total of twelve positions in grades GS–16, GS–17, and GS–18.
(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 (22 U.S.C. 3902)) travel benefits similar to those authorized for members of the Foreign Service of the United Service under chapter 9 1
1 See References in Text note below.
of such Act (22 U.S.C. 4081 et seq.).
(h) Omitted
(i) Civil action against United StatesSubsections (a) and (h) of section 2680 of title 28 do not prohibit the bringing of a civil action on a claim against the United States which—
(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 section 551(13) of title 5).
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
(Pub. L. 92–573, § 4, Oct. 27, 1972, 86 Stat. 1210; Pub. L. 94–284, §§ 4, 5(a), May 11, 1976, 90 Stat. 504; Pub. L. 95–631, § 2, Nov. 10, 1978, 92 Stat. 3742; Pub. L. 96–373, Oct. 3, 1980, 94 Stat. 1366; Pub. L. 101–608, title I, §§ 102–105(a), Nov. 16, 1990, 104 Stat. 3110, 3111; Pub. L. 112–74, div. C, title V, § 501, Dec. 23, 2011, 125 Stat. 907.)

CITE AS: 15 USC 2053

§ 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 section 2053 of this title or section 3101 or 3109 of title 5; and
(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
(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 chapter 81 of title 5 and tort claims liability under chapter 171 of title 28;
(2) chapter 131 of title 5 and the provisions of chapter 11 of title 18; and
(3) any other statute or regulation governing the conduct of Federal employees.
(Pub. L. 110–314, title II, § 208, Aug. 14, 2008, 122 Stat. 3046; Pub. L. 117–286, § 4(c)(25), Dec. 27, 2022, 136 Stat. 4357.)

CITE AS: 15 USC 2053a

§ 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
(d) Availability to public of information
(Pub. L. 92–573, § 5, Oct. 27, 1972, 86 Stat. 1211; Pub. L. 97–35, title XII, § 1209(a), (b), Aug. 13, 1981, 95 Stat. 720; Pub. L. 110–314, title II, § 204(a)(2), Aug. 14, 2008, 122 Stat. 3041.)

CITE AS: 15 USC 2054

§ 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 section 552 of title 5 or which is otherwise protected by law from disclosure to the public.
(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 section 1905 of title 18 or subject to section 552(b)(4) of title 5 shall be considered confidential and shall not be disclosed.
(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 section 2061 of this title (relating to imminently hazardous products), or which the Commission has reasonable cause to believe is in violation of any consumer product safety rule or provision of this Act or similar rule or provision of any other Act enforced by the Commission; or (B) information in the course of or concerning a rulemaking proceeding (which shall commence upon the publication of an advance notice of proposed rulemaking or a notice of proposed rulemaking), an adjudicatory proceeding (which shall commence upon the issuance of a complaint) or other administrative or judicial proceeding under this Act.
(5) In addition to the requirements of paragraph (1), the Commission shall not disclose to the public information submitted pursuant to section 2064(b) of this title respecting a consumer product unless—
(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 section 2064(b) of this title agrees to its public disclosure; or
(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 section 2061 of this title, or which the Commission has reasonable cause to believe is in violation of any consumer product safety rule or provision under this Act or similar rule or provision of any other Act enforced by the Commission, or information in the course of or concerning a judicial proceeding.
(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
(d) “Act” defined; coverage
(1) For purposes of this section, the term “Act” means the Consumer Product Safety Act [15 U.S.C. 2051 et seq.], the Flammable Fabrics Act [15 U.S.C. 1191 et seq.], the Poison Prevention Packaging Act [15 U.S.C. 1471 et seq.], and the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.].
(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 section 552 of title 5, subsection (a)(7) of this section, or of any other law, except as provided in paragraphs (2), (3), and (4), no member of the Commission, no officer or employee of the Commission, and no officer or employee of the Department of Justice may—
(A) publicly disclose information furnished under subsection (c)(1) or (c)(2)(A) of section 2084 of this title;
(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 section 2084 of this title shall be immune from legal process and shall not be subject to subpoena or other discovery in any civil action in a State or Federal court or in any administrative proceeding, except in an action against such manufacturer under section 2069, 2070, or 2071 of this title for failure to furnish information required by section 2084 of this title.
(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 section 2084 of this title, upon payment of the actual or estimated cost of searching the records and furnishing such copies.
(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 section 2084 of this title for purposes that are related to the jurisdiction of such committee or subcommittee.
(5) Any officer or employee of the Commission or other officer or employee of the Federal Government who receives information provided under section 2084 of this title, who willfully violates the requirements of this subsection shall be subject to dismissal or other appropriate disciplinary action consistent with procedures and requirements established by the Office of Personnel Management.
(Pub. L. 92–573, § 6, Oct. 27, 1972, 86 Stat. 1212; Pub. L. 97–35, title XII, § 1204, Aug. 13, 1981, 95 Stat. 713; Pub. L. 97–414, § 9(j)(1), Jan. 4, 1983, 96 Stat. 2064;

CITE AS: 15 USC 2055

§ 2055a. Publicly available consumer product safety information database
(a) Database required
(1) In generalSubject 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
(3) Date of initial availability
(b) Content and organization
(1) ContentsExcept 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 section 2064(c) of this title or any notice to the public relating to a voluntary corrective action taken by a manufacturer, in consultation with the Commission, of which action the Commission has notified the public.
(C) The comments received by the Commission under subsection (c)(2)(A) to the extent requested under subsection (c)(2)(B).
(2) Submission of informationIn 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
(4) Organization of databaseThe 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
(6) Availability of contact information
(c) Procedural requirements
(1) Transmission of reports to manufacturers and private labelers
(2) Opportunity to comment
(A) In general
(B) Request for inclusion in database
(C) Confidential matter
(i) In general
(ii) Redaction
(iii) Review
(3) Publication of reports and comments
(A) Reports
(B) Comments
(4) Inaccurate information
(A) Inaccurate information in reports and comments receivedIf, 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 databaseIf 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
(B) Rule of constructionNothing 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 reportThe Commission shall submit to the appropriate Congressional committees an annual report on the database, including—
(1) the operation, span, 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 studyWithin 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
(2) ConstructionParagraph (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)section 2064(b) of this title; or
(B) any other mandatory or voluntary reporting program established between a retailer, manufacturer, or private labeler and the Commission.
(g) Harm definedIn this section, the term “harm” means—
(1) injury, illness, or death; or
(2) risk of injury, illness, or death, as determined by the Commission.
(Pub. L. 92–573, § 6A, as added Pub. L. 110–314, title II, § 212(a), Aug. 14, 2008, 122 Stat. 3048; amended Pub. L. 112–28, § 7, Aug. 12, 2011, 125 Stat. 281.)

CITE AS: 15 USC 2055a

§ 2056. Consumer product safety standards
(a) Types of requirementsThe Commission may promulgate consumer product safety standards in accordance with the provisions of section 2058 of this title. A consumer product safety standard shall consist of one or more of any of the following types of requirements:
(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
(Pub. L. 92–573, § 7, Oct. 27, 1972, 86 Stat. 1212; Pub. L. 94–284, §§ 6, 7, 8(a), May 11, 1976, 90 Stat. 505, 506; Pub. L. 95–631, §§ 3, 4(a)–(c), 5, Nov. 10, 1978, 92 Stat. 3742–3744; Pub. L. 97–35, title XII, § 1202, Aug. 13, 1981, 95 Stat. 703; Pub. L. 101–608, title I, § 107(a), Nov. 16, 1990, 104 Stat. 3111.)

CITE AS: 15 USC 2056

§ 2056a. Standards and consumer registration of durable nursery products
(a) Short title
(b) Safety standards
(1) In generalThe 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 section 553 of title 5, promulgate consumer product safety standards that—
(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
(3) Judicial review
(4) Process for considering subsequent revisions to voluntary standard
(A) Notice of adoption of voluntary standard
(B) Commission action on revised voluntary standard
(c) Cribs
(1) In general
(2) Persons to which subsection appliesThis 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 section 2203 of this title applied without regard to the phrase “not owned by the Federal Government”).
(3) Application of any revision
(4) Crib definedIn 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) RulemakingNotwithstanding any provision of chapter 6 of title 5 or the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), not later than 1 year after August 14, 2008, the Commission shall, pursuant to its authority under section 2065(b) of this title, promulgate a final consumer product safety rule to require each manufacturer of a durable infant or toddler product—
(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 formThe 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
(4) Study
(e) Use of alternative recall notification technology
(1) Technology assessment and reportThe 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) DeterminationIf, 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 productAs 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.
(Pub. L. 110–314, title I, § 104, Aug. 14, 2008, 122 Stat. 3028; Pub. L. 112–28, § 3, Aug. 12, 2011, 125 Stat. 279.)

CITE AS: 15 USC 2056a

§ 2056b. Mandatory toy safety standards
(a) In general
(b) Rulemaking for specific toys, components and risks
(1) EvaluationNot 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) RulemakingWithin 1 year after the completion of the assessment required by paragraph (1), the Commission shall promulgate rules in accordance with section 553 of title 5 that—
(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
(d) Consideration of remaining ASTM standardsAfter 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 section 553 of title 5, promulgate consumer product safety rules that—
(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
(f) Treatment as consumer product safety standards
(g) Revisions
(h) Rulemaking to consider exemption from preemption
(1) Exemption of State law from preemptionUpon 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 section 2075(a) of this title (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a children’s product subject to the consumer product safety standards described in subsection (a) or any rule promulgated under this section. The Commission shall grant such an exemption if the State or political subdivision standard or regulation—
(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
(i) Judicial review
(Pub. L. 110–314, title I, § 106, Aug. 14, 2008, 122 Stat. 3033; Pub. L. 112–28, § 4, Aug. 12, 2011, 125 Stat. 280.)

CITE AS: 15 USC 2056b

§ 2056c. Sulfur span in drywall standard
(a) Rule on sulfur span in drywall required
(b) Rule making; consumer product safety standard
A rule under subsection (a)—
(1) shall be promulgated in accordance with section 553 of title 5; and
(2) shall be treated as a consumer product safety rule promulgated under section 2058 of this title.
(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 span 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
(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 span limit in such voluntary standard shall be treated as a consumer product safety rule promulgated under section 2058 of this title beginning on the date that is the later of—
(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
(f) Future rulemaking
(Pub. L. 112–266, § 4, Jan. 14, 2013, 126 Stat. 2438.)

CITE AS: 15 USC 2056c

§ 2056d. Performance standards to protect against portable fuel container explosions near open flames or other ignition sources
(a) Short title
(b) Standards
(1) Rule on safety performance standards required
(2) Rulemaking; consumer product safety standard
A rule under paragraph (1)—
(A) shall be promulgated in accordance with section 553 of title 5; and
(B) shall be treated as a consumer product safety rule promulgated under section 2058 of this title.
(3) Exception
(A) Voluntary standard
Paragraph (1) shall not apply for a class of portable fuel containers in the scope of this section if the Commission determines at any time that—
(i) there is a voluntary standard for flame mitigation devices for those containers that impedes the propagation of flame into the container;
(ii) the voluntary standard described in clause (i) is or will be in effect not later than 18 months after December 27, 2020; and
(iii) the voluntary standard described in clause (i) is developed by ASTM International or such other standard development organization that the Commission determines to have met the intent of this section.
(B) Determination required to be published in the Federal Register
(4) Treatment of voluntary standard for purpose of enforcement
If the Commission determines that a voluntary standard meets the conditions described in paragraph (3)(A), the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 2058 of this title beginning on the date which is the later of—
(A) 180 days after publication of the Commission’s determination under paragraph (3); or
(B) the effective date contained in the voluntary standard.
(5) Revision of voluntary standard
(A) Notice to commission
(B) Effective date of revision
(6) Future rulemaking
(7) Action required
(A) Education campaign
(B) Summary of actions
(8) Portable fuel container defined
In this section, the term “portable fuel container” means any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container)—
(A) intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels;
(B) that is a consumer product with a capacity of 5 gallons or less; and
(C) that the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels.
(9) Rule of construction
(c) Children’s Gasoline Burn Prevention Act
(1) Omitted
(2) Applicability
(Pub. L. 116–260, div. FF, title IX, § 901, Dec. 27, 2020, 134 Stat. 3204.)

CITE AS: 15 USC 2056d

§ 2056e. Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries
(a) In generalNot later than 1 year after August 16, 2022, the Commission shall, in accordance with section 553 of title 5, promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries that shall only contain—
(1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and
(2) warning label requirements—
(A) to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries;
(B) to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and
(C) to be included, as practicable—
(i) directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or
(ii) in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it is impracticable to label the product, this information shall be placed on the packaging or instructions.
(b) Requirements for warning labelsWarning labels required under subsection (a)(2) shall—
(1) clearly identify the hazard of ingestion; and
(2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice.
(c) Treatment of standard for enforcement purposes
(d) Exception for reliance on voluntary standard
(1) Before promulgation of standard by CommissionSubsection (a) shall not apply if the Commission determines, before the Commission promulgates a final consumer product safety standard under such subsection, that—
(A) with respect to any consumer product for which there is a voluntary consumer product safety standard that meets the requirements for a standard promulgated under subsection (a) with respect to such product; and
(B) the voluntary standard described in subparagraph (A)—
(i) is in effect at the time of the determination by the Commission; or
(ii) will be in effect not later than the date that is 180 days after August 16, 2022.
(2) Determination required to be published in Federal Register
(e) Treatment of voluntary standard for enforcement purposes
(1) In general
(2) Date describedThe date described in this paragraph is the later of—
(A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or
(B) the effective date contained in the voluntary standard described in paragraph (1).
(f) Revision of voluntary standard
(1) Notice to Commission
(2) Effective date of revision
(g) Future rulemaking
(Pub. L. 117–171, § 2, Aug. 16, 2022, 136 Stat. 2094.)

CITE AS: 15 USC 2056e

§ 2056f.
(a)
Clothing storage unit defined
(b)
CPSC determination of scope
(c)
Consumer product safety standard required
(1)
In general
Except as provided in subsection (f)(1), not later than 1 year after December 29, 2022, the Consumer Product Safety Commission shall—
(A) in consultation with representatives of consumer groups, clothing storage unit manufacturers, craft or handmade furniture manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for clothing storage units; and
(B) in accordance with section 553 of title 5 and paragraph (2), promulgate a final consumer product safety standard for clothing storage units to protect children from tip-over-related death or injury, that shall take effect 180 days after the date of promulgation or such a later date as the Commission determines appropriate.
(2)
Requirements
The standard promulgated under paragraph (1) shall protect children from tip-over-related death or injury with—
(A) tests that simulate the weight of children up to 60 pounds;
(B) objective, repeatable, reproducible, and measurable tests or series of tests that simulate real-world use and account for impacts on clothing storage unit stability that may result from placement on carpeted surfaces, drawers with items in them, multiple open drawers, and dynamic force;
(C) testing of all clothing storage units, including those 27 inches and above in height; and
(D) warning requirements based on ASTM F2057–19, or its successor at the time of enactment, provided that the Consumer Product Safety Commission may strengthen the warning requirements of ASTM F2057–19, or its successor, if reasonably necessary to protect children from tip-over-related death or injury.
(3)
Testing clarification
(4)
Treatment of standard
(d)
Adoption of voluntary standard
(1)
In general
(2)
Requirements
The requirements of this paragraph with respect to a voluntary standard for clothing storage units are that such standard—
(A) protects children up to 72 months of age from tip-over-related death or injury;
(B) meets the requirements described in subsection (c)(2);
(C) is, or will be, published not later than 60 days after December 29, 2022; and
(D) is developed by ASTM International or such other standard development organization that the Commission determines is in compliance with the intent of this section.
(3)
Notice required to be published in the Federal Register
(e)
Revision of voluntary standard
(1)
Notice to commission
(2)
Treatment of revision
(f)
Subsequent rulemaking
(1)
In general
(2)
Petition for revision of rule
(A)
In general
If the Commission receives a petition for a new or revised test that permits incorporated safety features (excluding tip restraints) to work as intended, if the features cannot be overridden by consumers in normal use and provide an equivalent or greater level of safety as the tests developed under subsection (c)(2) or the performance requirements described in subsection (d)(2)(B), as applicable, the Commission shall determine within 120 days—
(i) whether the petition meets the requirements for petitions set forth in section 1051.5 of title 16, Code of Federal Regulations, or any successor regulation implementing section 2058(i) of this title; and
(ii) whether the petition demonstrates that the test could reasonably meet the requirements of subsection (c)(2)(B), and if so, the Commission shall determine by recorded vote, within 60 days after the determination, whether to initiate rulemaking, in accordance with section 553 of title 5, to revise a consumer product safety standard promulgated under this section to include the new or revised test.
(B)
Demonstration of compliance
(3)
Treatment of rules
(Pub. L. 117–328, div. BB, title II, § 201, Dec. 29, 2022, 136 Stat. 5552.)

CITE AS: 15 USC 2056f

§ 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 section 2058 of this title, promulgate a rule declaring such product a banned hazardous product.
(Pub. L. 92–573, § 8, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 97–35, title XII, § 1203(c), Aug. 13, 1981, 95 Stat. 713.)

CITE AS: 15 USC 2057

§ 2057a. Banning of butyl nitrite
(a) In general
(b) Lawful purposes
(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
(Pub. L. 100–690, title II, § 2404, Nov. 18, 1988, 102 Stat. 4231.)

CITE AS: 15 USC 2057a

§ 2057b. Banning of isopropal nitrite and other nitrites
(a) In general
(b) Lawful purposes
(c) “Commercial purpose” defined
(d) Effective date
(Pub. L. 101–647, title XXXII, § 3202, Nov. 29, 1990, 104 Stat. 4917.)

CITE AS: 15 USC 2057b

§ 2057c. Prohibition on sale of certain products containing specified phthalates
(a) Prohibition on the sale of certain products containing phthalates
(b) Prohibition on the sale of additional products containing certain phthalates
(1) Interim prohibition
(2) Chronic Hazard Advisory Panel
(A) Appointment
(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
(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 section 553 of title 5, promulgate a final rule 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 (15 U.S.C. 2057), as the Commission determines necessary to protect the health of children.
(c) Application
(d) Exclusion for inaccessible component parts
(1) In general
(2) Limitation
(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 section 1278a(b)(2)(B) of this title, with additional consideration, as appropriate, of whether such component can be placed in a child’s mouth.
(4) Application pending commission guidance
(e) Treatment of violation
(f) Treatment as consumer product safety standards; effect on State laws
(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 (15 U.S.C. 2052(a)(1)).
(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
(Pub. L. 110–314, title I, § 108, Aug. 14, 2008, 122 Stat. 3036; Pub. L. 112–28, § 5(a), Aug. 12, 2011, 125 Stat. 280.)

CITE AS: 15 USC 2057c

§ 2057d. Banning of inclined sleepers for infants
(a) In general
(b) Inclined sleeper for infants defined
(Pub. L. 117–126, § 2, May 16, 2022, 136 Stat. 1208.)

CITE AS: 15 USC 2057d

§ 2057e. Banning of crib bumpers
(a) In general
(b) Crib bumper defined
In this section, the term “crib bumper”—
(1) means any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening;
(2) includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers; and
(3) does not include a non-padded mesh crib liner.
(Pub. L. 117–126, § 3, May 16, 2022, 136 Stat. 1208.)

CITE AS: 15 USC 2057e

§ 2058. Procedure for consumer product safety rules
(a) Commencement of proceeding; publication of prescribed notice of proposed rulemaking; transmittal of noticeA 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 noticeNo 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 section 2054(a)(3) of this title would not, within a reasonable period of time, be likely to result in the development of a voluntary consumer product safety standard that would eliminate or adequately reduce the risk of injury addressed by the proposed rule; and
(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 section 553 of title 5, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation.
(e) Expression of risk of injury; consideration of available product data; needs of elderly and handicapped
(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
(i) Petition to initiate rulemaking
(Pub. L. 92–573, § 9, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 94–284, § 9, May 11, 1976, 90 Stat. 506; Pub. L. 95–631, § 4(d), Nov. 10, 1978, 92 Stat. 3744; Pub. L. 97–35, title XII, § 1203(a), Aug. 13, 1981, 95 Stat. 704; Pub. L. 101–608, title I, §§ 108(a), 109, 110(a), Nov. 16, 1990, 104 Stat. 3112, 3113; Pub. L. 110–314, title II, §§ 204(a)(1), 213, 235(c)(3), Aug. 14, 2008, 122 Stat. 3040, 3052, 3074.)

CITE AS: 15 USC 2058

§ 2059. Repealed. Pub. L. 97–35, title XII, § 1210, Aug. 13, 1981, 95 Stat. 721

CITE AS: 15 USC 2059

§ 2060. Judicial review of consumer product safety rules
(a) Petition by persons adversely affected, consumers, or consumer organizations
(b) Additional data, views, or arguments
(c) Jurisdiction; costs and attorneys’ fees; substantial evidence to support administrative findings
(d) Supreme Court review
(e) Other remedies
(f) Computation of reasonable fee for attorney
(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 section 2064(j) of this title (relating to identification of substantial hazards);
(B) any consumer product safety standard promulgated by the Commission pursuant to section 2089 of this title (relating to all-terrain vehicles);
(C) any standard promulgated by the Commission under section 2056a of this title (relating to durable infant and toddler products); and
(D) any consumer product safety standard promulgated by the Commission under section 2056b of this title (relating to mandatory toy safety standards).
(2) In general
(3) Review
(4) Conclusiveness of judgment
(5) Further review
(Pub. L. 92–573, § 11, Oct. 27, 1972, 86 Stat. 1218; Pub. L. 94–284, §§ 10(b), 11(a), May 11, 1976, 90 Stat. 507; Pub. L. 97–35, title XII, § 1211(h)(1)–(3)(A), Aug. 13, 1981, 95 Stat. 723; Pub. L. 97–414, § 9(j)(2), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 110–314, title II, § 236(a), Aug. 14, 2008, 122 Stat. 3075.)

CITE AS: 15 USC 2060

§ 2061. Imminent hazards
(a) Filing of action
(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
(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
(g)1
1 So in original. No subsec. (f) has been enacted.
Cost-benefit analysis of compliance with relief ordered in action for judicial review of consumer product safety rule not required
(Pub. L. 92–573, § 12, Oct. 27, 1972, 86 Stat. 1218; Pub. L. 97–35, title XII, § 1205(a)(2), Aug. 13, 1981, 95 Stat. 716; Pub. L. 101–608, title I, § 111(a)(1), Nov. 16, 1990, 104 Stat. 3114.)

CITE AS: 15 USC 2061

§ 2062. Repealed. Pub. L. 97–35, title XII, § 1211(b), Aug. 13, 1981, 95 Stat. 721

CITE AS: 15 USC 2062

§ 2063. Product certification and labeling
(a) Certification accompanying product; products with more than one manufacturer
(1)General conformity certification.—Except as provided in paragraphs (2) and (3), every manufacturer of a product which is subject to a consumer product safety rule under this chapter or similar rule, ban, standard, or regulation under any other Act enforced by the Commission and which is imported for consumption or warehousing or distributed in commerce (and the private labeler of such product if such product bears a private label) shall issue a certificate which—
(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)Third party testing requirement.—Effective on the dates provided in paragraph (3), before importing for consumption or warehousing or distributing in commerce any children’s product that is subject to a children’s product safety rule, every manufacturer of such children’s product (and the private labeler of such children’s product if such children’s product bears a private label) shall—
(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)Schedule for implementation of third party testing.—
(A)General application.—Except as provided under subparagraph (F), the requirements of paragraph (2) shall apply to any children’s product manufactured more than 90 days after the Commission has established and published notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with a children’s product safety rule to which such children’s product is subject.
(B)Time line for accreditation.—
(i)Lead paint.—Not later than 30 days after August 14, 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with part 1303 of title 16, Code of Federal Regulations.
(ii)Full-size cribs; non full-size cribs; pacifiers.—Not later than 60 days after August 14, 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1508, 1509, and 1511 of such title.
(iii)Small parts.—Not later than 90 days after August 14, 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with part 1501 of such title.
(iv)Children’s metal jewelry.—Not later than 120 days after August 14, 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with the requirements of section 1278a(a)(2) of this title with respect to children’s metal jewelry.
(v)Baby bouncers, walkers, and jumpers.—Not later than 210 days after August 14, 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1500.18(a)(6) and 1500.86(a) of such title.1
1 So in original. Such title refers to title 16, Code of Federal Regulations.
(vi)All other children’s product safety rules.—The Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with other children’s product safety rules at the earliest practicable date, but in no case later than 10 months after August 14, 2008, or, in the case of children’s product safety rules established or revised 1 year or more after such date, not later than 90 days before such rules or revisions take effect.
(C)Accreditation.—Accreditation of third party conformity assessment bodies pursuant to the requirements established under subparagraph (B) may be conducted either by the Commission or by an independent accreditation organization designated by the Commission.
(D)Periodic review.—The Commission shall periodically review and revise the accreditation requirements established under subparagraph (B) to ensure that the requirements assure the highest conformity assessment body quality that is feasible.
(E)Publication of accredited entities.—The Commission shall maintain on its Internet website an up-to-date list of entities that have been accredited to assess conformity with children’s product safety rules in accordance with the requirements published by the Commission under this paragraph.
(F)Extension.—If the Commission determines that an insufficient number of third party conformity assessment bodies have been accredited to permit certification for a children’s product safety rule under the accelerated schedule required by this paragraph, the Commission may extend the deadline for certification to such rule by not more than 60 days.
(G)Rulemaking.—Until the date that is 3 years after August 14, 2008, Commission proceedings under this paragraph shall be exempt from the requirements of sections 553 and 601 through 612 of title 5.
(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
(c) Form and contents of labelsThe Commission may by rule require the use and prescribe the form and span 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
(2) Compliance; continuing testingNot 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) AssessmentNot 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
(C) Report
(4) Special rules for small batch manufacturers
(A) Special consideration; exemption
(i) Consideration; alternative requirements
(ii) Exemption
(iii) Certification
(iv) Restriction
(B) Registration
(C) LimitationThe 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 section 2056a(f) of this title.
(D) Subsequent manufacturer
(E) DefinitionsFor 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
(ii) Definitions(I) Ordinary book(II) Ordinary paper-based printed materials(III) Exclusions
(B) Metal component parts of bicycles
(e) Withdrawal of accreditation
(1) In generalThe 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) ProcedureIn any proceeding to withdraw the accreditation of a conformity assessment body, the Commission—
(A)
(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
(f) DefinitionsIn this section:
(1) Children’s product safety rule
(2) Third party conformity assessment body
(A) In general
(B) Governmental participationSuch 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
(D) Firewalled conformity assessment bodiesUpon 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
(2) English language
(3) Availability of certificates
(4) Electronic filing of certificates for imported products
(h) Rule of construction
(i) Requirement for advertisements
(Pub. L. 92–573, § 14, Oct. 27, 1972, 86 Stat. 1220; Pub. L. 110–314, title I, §§ 102(a)(1)(A), (2), (3), (b), (d), 103, Aug. 14, 2008, 122 Stat. 3022, 3024, 3027, 3028; Pub. L. 112–28, §§ 2(a), 6, 10(a), Aug. 12, 2011, 125 Stat. 276, 281, 283; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

CITE AS: 15 USC 2063

§ 2064. Substantial product hazards
(a) “Substantial product hazard” definedFor 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 retailerEvery 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 section 30102(a)(7) of title 49 1
1 See References in Text note below.
), distributed in commerce, and every distributor and retailer of such product, who obtains information which reasonably supports the conclusion that such product—
(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 section 2058 of this title;
(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 section 1264 of this title, except for offenses which require a showing of intent to defraud or mislead.
(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 section 2061 of this title, the Commission may order the manufacturer or any distributor or retailer of the product to take any one or more of the following actions:
(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 span 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 section 2061 of this title, that the product that is the subject of such action is not an imminently hazardous consumer product, the Commission shall rescind any order issued under this subsection with respect to such product.
(d) Repair; replacement; refunds; action plan
(1)
(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
2 So in original. Probably should be “paragraph (1)(C).”
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 section 554 of title 5 except that, if the Commission determines that any person who wishes to participate in such hearing is a part of a class of participants who share an identity of interest, the Commission may limit such person’s participation in such hearing to participation through a single representative designated by such class (or by the Commission if such class fails to designate such a representative). Any settlement offer which is submitted to the presiding officer at a hearing under this subsection shall be transmitted by the officer to the Commission for its consideration unless the settlement offer is clearly frivolous or duplicative of offers previously made.
(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 section 2061 of this title.
(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 section 2076(b)(7) of this title) or the Attorney General may, in accordance with 2061(d)(1) 3
3 So in original. Probably should be preceded by “section”.
of this title, apply to a district court of the United States for the issuance of a preliminary injunction to restrain the distribution in commerce of such product pending the completion of such proceeding. If such a preliminary injunction has been issued, the Commission (or the Attorney General if the preliminary injunction was issued upon an application of the Attorney General) may apply to the issuing court for extensions of such preliminary injunction.
(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 section 1331 of title 28 does not apply with respect to the jurisdiction of a district court of the United States to issue or exend 4
4 So in original. Probably should be “extend”.
a preliminary injunction under this subsection.
(h) Cost-benefit analysis of notification or other action not required
(i) Requirements for recall notices
(1) GuidelinesNot 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 section 2061 of this title. Such guidelines shall include any information that the Commission determines would be helpful to consumers in—
(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) ContentExcept 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 generalThe 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
(Pub. L. 92–573, § 15, Oct. 27, 1972, 86 Stat. 1221; Pub. L. 94–284, § 12(a), May 11, 1976, 90 Stat. 508; Pub. L. 97–35, title XII, § 1211(h)(4), Aug. 13, 1981, 95 Stat. 723; Pub. L. 97–414, § 9(j)(3), (m), Jan. 4, 1983, 96 Stat. 2064, 2065; Pub. L. 100–418, title I, § 1214(d), Aug. 23, 1988, 102 Stat. 1156; Pub. L. 101–608, title I, §§ 111(a)(2), 112(a), 113, Nov. 16, 1990, 104 Stat. 3114, 3115, 3117; Pub. L. 110–314, title II, §§ 214, 223(a), Aug. 14, 2008, 122 Stat. 3052, 3068.)

CITE AS: 15 USC 2064

§ 2065. Inspection and recordkeeping
(a) InspectionFor 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 section 2063(f)(2)(D) of this title, or (C) any conveyance being used to transport consumer products in connection with distribution in commerce; and
(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
(c) Identification of manufacturers, importers, retailers, and distributorsUpon 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
(Pub. L. 92–573, § 16, Oct. 27, 1972, 86 Stat. 1222; Pub. L. 110–314, title II, §§ 215, 223(c)(2), Aug. 14, 2008, 122 Stat. 3056, 3069.)

CITE AS: 15 USC 2065

§ 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 section 2063 of this title or any rule or regulation under such section;
(3) is or has been determined to be an imminently hazardous consumer product in a proceeding brought under section 2061 of this title;
(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
(c) Modification
(d) Supervision of modifications
(e) Product destruction
(f) Payment of expenses occasioned by refusal of admission
(g) Inspection and recordkeeping requirement
(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).
(Pub. L. 92–573, § 17, Oct. 27, 1972, 86 Stat. 1223; Pub. L. 100–418, title I, § 1214(d), Aug. 23, 1988, 102 Stat. 1156; Pub. L. 101–608, title I, § 114, Nov. 16, 1990, 104 Stat. 3118; Pub. L. 110–314, title II, §§ 216(b), 223(b), (c)(1), 235(c)(6), Aug. 14, 2008, 122 Stat. 3058, 3068, 3069, 3075.)

CITE AS: 15 USC 2066

§ 2067. Exemption of exports
(a) Risk of injury to consumers within United States
(b) Statement of exportation: filing period, information; notification of foreign country; petition for minimum filing period: good cause
(c) Authority to prohibit exports
(d) Export pursuant to section 2066(e)
(Pub. L. 92–573, § 18, Oct. 27, 1972, 86 Stat. 1224; Pub. L. 95–631, § 6(a), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 110–314, title II, § 221(a), Aug. 14, 2008, 122 Stat. 3065.)

CITE AS: 15 USC 2067

§ 2068. Prohibited acts
(a) DesignationIt 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
1 So in original. No subpar. (A) has been enacted.
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 section 2061 or 2064 of this title; or
(D) a banned hazardous substance within the meaning of section 1261(q)(1) of this title;
(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 section 2064(b) of this title;
(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 section 2063 of this title (including the requirement for tracking labels) or any rule or regulation under such section;
(7) fail to comply with any rule under section 2058(g)(2) of this title (relating to stockpiling);
(8) fail to comply with any rule under section 2076(e) of this title (relating to provision of performance and technical data);
(9) fail to comply with any rule or requirement under section 2082 of this title (relating to labeling and testing of cellulose insulation);
(10) fail to file a statement with the Commission pursuant to section 2067(b) of this title;
(11) fail to furnish information required by section 2084 of this title.
(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 section 2061 or 2064 of this title, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this chapter or any other Act enforced by the Commission; or 3
3 So in original. The word “or” probably should not appear.
(14) exercise, or attempt to exercise, undue influence on a third party conformity assessment body (as defined in section 2063(f)(2) of this title) with respect to the testing, or reporting of the results of testing, of any product for compliance under this chapter or any other Act enforced by the Commission, or to subdivide the production of any children’s product into small quantities that have the effect of evading any third party testing requirements under section 2063(a)(2) of this title;
(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 section 2066(e) of this title) that—
(A) is subject to an order issued under section 2061 or 2064 of this title or is a banned hazardous substance within the meaning of section 1261(q)(1) of this title; or
(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 section 2067(c) of this title.
(b) Exception
(Pub. L. 92–573, § 19, Oct. 27, 1972, 86 Stat. 1224; Pub. L. 94–284, §§ 12(b), 13(a), May 11, 1976, 90 Stat. 508, 509; Pub. L. 95–319, § 3(b), July 11, 1978, 92 Stat. 390; Pub. L. 95–631, § 6(b), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97–414, § 9(j)(4), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 101–608, title I, § 112(d), Nov. 16, 1990, 104 Stat. 3117; Pub. L. 110–314, title II, § 216(a), Aug. 14, 2008, 122 Stat. 3056; Pub. L. 112–28, § 2(b), Aug. 12, 2011, 125 Stat. 279.)

CITE AS: 15 USC 2068

§ 2069. Civil penalties
(a) Amount of penalty
(1) Any person who knowingly violates section 2068 of this title shall be subject to a civil penalty not to exceed $100,000 for each such violation. Subject to paragraph (2), a violation of section 2068(a)(1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of this title shall constitute a separate offense with respect to each consumer product involved, except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations. A violation of section 2068(a)(3) of this title shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required thereby; and, if such violation is a continuing one, each day of such violation shall constitute a separate offense, except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations.
(2) The second sentence of paragraph (1) of this subsection shall not apply to violations of paragraph (1) or (2) of section 2068(a) of this title—
(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
(c) Compromise of penalty; deductions from penalty
(d) “Knowingly” defined
(Pub. L. 92–573, § 20, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 94–284, § 13(b), May 11, 1976, 90 Stat. 509; Pub. L. 95–631, § 6(c), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97–35, title XII, § 1211(c), Aug. 13, 1981, 95 Stat. 721; Pub. L. 101–608, title I, §§ 112(e), 115(a), Nov. 16, 1990, 104 Stat. 3117, 3118; Pub. L. 110–314, title II, § 217(a)(1), (b)(1)(A), Aug. 14, 2008, 122 Stat. 3058.)

CITE AS: 15 USC 2069

§ 2070. Criminal penalties
(a) Violation of section 2068 of this title is punishable by—
(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;
(2) a fine determined under section 3571 of title 18; or
(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 section 2068 of this title shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a).
(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.
(Pub. L. 92–573, § 21, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 110–314, title II, § 217(c)(1), (2), (d), Aug. 14, 2008, 122 Stat. 3060.)

CITE AS: 15 USC 2070

§ 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 section 2068 of this title.
(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 section 2064(d) of this title.
(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 section 2076(b)(7)(A) of this title) or by the Attorney General in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts business. In any action under this section process may be served on a defendant in any other district in which the defendant resides or may be found.
(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 section 2064(d) of this title,
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.
(Pub. L. 92–573, § 22, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 94–284, §§ 11(b), 12(c), May 11, 1976, 90 Stat. 507, 508.)

CITE AS: 15 USC 2071

§ 2072. Suits for damages
(a) Persons injured; costs; amount in controversy
(b) Denial and imposition of costs
(c) Remedies available
(Pub. L. 92–573, § 23, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(c), May 11, 1976, 90 Stat. 507; Pub. L. 96–486, § 3, Dec. 1, 1980, 94 Stat. 2369; Pub. L. 97–35, title XII, § 1211(h)(3)(B), Aug. 13, 1981, 95 Stat. 723.)

CITE AS: 15 USC 2072

§ 2073. Additional enforcement of product safety rules and section 2064 orders
(a) In general
(b) State Attorney General enforcement
(1) Right of action
(2) Initiation of civil action
(A) Notice to Commission required in all cases
(B) Filing of complaintA 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.
(C) Actions involving substantial product hazard
(D) Form of notice
(E) Copy of complaint
(3) Intervention by the CommissionThe Commission may intervene in such civil action and upon intervening—
(A) be heard on all matters arising in such civil action; and
(B) file petitions for appeal of a decision in such civil action.
(4) ConstructionNothing in this section, section 1264(d) of this title, section 1477 of this title, or section 1194(a) of this title shall be construed—
(A) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or
(B) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.
(5) Limitation
(6) Restrictions on private counselIf private counsel is retained to assist in any civil action under paragraph (1), the private counsel retained to assist the State may not—
(A) share with participants in other private civil actions that arise out of the same operative facts any information that is—
(i) subject to attorney-client or work product privilege; and
(ii) was obtained during discovery in the action under paragraph (1); or
(B) use any information that is subject to attorney-client or work product privilege that was obtained while assisting the State in the action under paragraph (1) in any other private civil actions that arise out of the same operative facts.
(Pub. L. 92–573, § 24, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(d), May 11, 1976, 90 Stat. 507; Pub. L. 97–35, title XII, § 1211(a), (h)(3)(C), Aug. 13, 1981, 95 Stat. 721, 723; Pub. L. 110–314, title II, § 218(a), Aug. 14, 2008, 122 Stat. 3060.)

CITE AS: 15 USC 2073

§ 2074. Private remedies
(a) Liability at common law or under State statute not relieved by compliance
(b) Evidence of Commission’s inaction inadmissible in actions relating to consumer products
(c) Public information
(Pub. L. 92–573, § 25, Oct. 27, 1972, 86 Stat. 1227.)

CITE AS: 15 USC 2074

§ 2075. State standards
(a) State compliance to Federal standards
(b) Consumer product safety requirements which impose performance standards more stringent than Federal standards
(c) Exemptions
Upon application of a State or political subdivision of a State, the Commission may by rule, after notice and opportunity for oral presentation of views, exempt from the provisions of subsection (a) (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a consumer product subject to a consumer product safety standard under this chapter if the State or political subdivision standard or regulation—
(1) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard under this chapter, and
(2) 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 chapter for such consumer product.
(Pub. L. 92–573, § 26, Oct. 27, 1972, 86 Stat. 1227; Pub. L. 94–284, § 17(d), May 11, 1976, 90 Stat. 514.)

CITE AS: 15 USC 2075

§ 2076. Additional functions of Consumer Product Safety Commission
(a) Authority to conduct hearings or other inquiries
(b) Commission powers; ordersThe Commission shall also have the power—
(1) to require, by special or general orders, any person to submit in writing such reports and answers to questions as the Commission may prescribe to carry out a specific regulatory or enforcement function of the Commission; and such submission shall be made within such reasonable period and under oath or otherwise as the Commission may determine;
(2) to administer oaths;
(3) to require by subpena the attendance and testimony of witnesses and the production of all documentary and physical evidence relating to the execution of its duties;
(4) in any proceeding or investigation to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection;
(5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States;
(6) to accept gifts and voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
(7) to—
(A) initiate, prosecute, defend, or appeal (other than to the Supreme Court of the United States), through its own legal representative and in the name of the Commission, any civil action if the Commission makes a written request to the Attorney General for representation in such civil action and the Attorney General does not within the 45-day period beginning on the date such request was made notify the Commission in writing that the Attorney General will represent the Commission in such civil action, and
(B) initiate, prosecute, or appeal, through its own legal representative, with the concurrence of the Attorney General or through the Attorney General, any criminal action,
for the purpose of enforcing the laws subject to its jurisdiction;
(8) to lease buildings or parts of buildings in the District of Columbia, without regard to section 8141 of title 40, for the use of the Commission;
(9) to delegate to the general counsel of the Commission the authority to issue subpoenas solely to Federal, State, or local government agencies for evidence described in paragraph (3); and
(10) to delegate any of its functions or powers, other than the power to issue subpenas under paragraph (3) (except as provided in paragraph (9)), to any officer or employee of the Commission.
An order issued under paragraph (1) shall contain a complete statement of the reason the Commission requires the report or answers specified in the order to carry out a specific regulatory or enforcement function of the Commission. Such an order shall be designed to place the least burden on the person subject to the order as is practicable taking into account the purpose for which the order was issued.
(c) Noncompliance with subpena or Commission order; contempt
(d) Disclosure of information
(e) Performance and technical data
(f) Purchase of consumer products by Commission
(g) Contract authority
(h) Research, development, and testing facilities
(i) Recordkeeping; audit
(1) Each recipient of assistance under this chapter pursuant to grants or contracts entered into under other than competitive bidding procedures shall keep such records as the Commission by rule shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project undertaken in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(2) The Commission and the Comptroller General of the United States, or their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the grants or contracts entered into under this chapter under other than competitive bidding procedures.
(j) Report to President and CongressNotwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note), the Commission shall prepare and submit to the President and the Congress at the beginning of each regular session of Congress a comprehensive report on the administration of this chapter for the preceding fiscal year. Such report shall include—
(1) a thorough appraisal, including statistical analyses, estimates, and long-term projections, of the incidence of injury and effects to the population resulting from consumer products, with a breakdown, insofar as practicable, among the various sources of such injury;
(2) a list of consumer product safety rules prescribed or in effect during such year;
(3) an evaluation of the degree of observance of consumer product safety rules, including a list of enforcement actions, court decisions, and compromises of alleged violations, by location and company name;
(4) a summary of outstanding problems confronting the administration of this chapter in order of priority;
(5) the number and a summary of recall orders issued under section 2061 or 2064 of this title during such year and a summary of voluntary corrective actions taken by manufacturers in consultation with the Commission of which the Commission has notified the public, and an assessment of such orders and actions;
(6) beginning not later than 1 year after August 14, 2008—
(A) progress reports and incident updates with respect to action plans implemented under section 2064(d) of this title;
(B) statistics with respect to injuries and deaths associated with products that the Commission determines present a substantial product hazard under section 2064(c) of this title; and
(C) the number and type of communication from consumers to the Commission with respect to each product with respect to which the Commission takes action under section 2064(d) of this title;
(7) an analysis and evaluation of public and private consumer product safety research activities;
(8) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter;
(9) the extent to which technical information was disseminated to the scientific and commercial communities and consumer information was made available to the public;
(10) the extent of cooperation between Commission officials and representatives of industry and other interested parties in the implementation of this chapter, including a log or summary of meetings held between Commission officials and representatives of industry and other interested parties;
(11) an appraisal of significant actions of State and local governments relating to the responsibilities of the Commission;
(12) with respect to voluntary consumer product safety standards for which the Commission has participated in the development through monitoring or offering of assistance and with respect to voluntary consumer product safety standards relating to risks of injury that are the subject or regulatory action by the Commission, a description of—
(A) the number of such standards adopted;
(B) the nature and number of the products which are the subject of such standards;
(C) the effectiveness of such standards in reducing potential harm from consumer products;
(D) the degree to which staff members of the Commission participate in the development of such standards;
(E) the amount of resources of the Commission devoted to encouraging development of such standards; and
(F) such other information as the Commission determines appropriate or necessary to inform the Congress on the current status of the voluntary consumer product safety standard program; and
(13) such recommendations for additional legislation as the Commission deems necessary to carry out the purposes of this chapter.
(k) Budget estimates and requests; legislative recommendations; testimony; comments on legislation
(1) Whenever the Commission submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit a copy of that estimate or request to the Congress.
(2) Whenever the Commission submits any legislative recommendations, or testimony, or comments on legislation to the President or the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, or testimony, or comments on legislation, to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress.
(Pub. L. 92–573, § 27, Oct. 27, 1972, 86 Stat. 1227; Pub. L. 94–273, § 31, Apr. 21, 1976, 90 Stat. 380; Pub. L. 94–284, §§ 8(b), 11(c), (d), 14, May 11, 1976, 90 Stat. 506–509; Pub. L. 95–631, § 11, Nov. 10, 1978, 92 Stat. 3748; Pub. L. 97–35, title XII, §§ 1207(b), 1208, 1209(c), 1211(d), Aug. 13, 1981, 95 Stat. 718, 720, 721; Pub. L. 110–314, title II, § 209(a), Aug. 14, 2008, 122 Stat. 3046; Pub. L. 112–28, § 8, Aug. 12, 2011, 125 Stat. 282.)

CITE AS: 15 USC 2076

§ 2076a. Report on civil penalties
(1) Beginning 1 year after November 16, 1990, and every year thereafter, the Consumer Product Safety Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives the information specified in paragraph (2). Such information may be included in the annual report to the Congress submitted by the Commission.
(2) The Commission shall submit information with respect to the imposition of civil penalties under the statutes which it administers. The information shall include the number of civil penalties imposed, an identification of the violations that led to the imposition of such penalties, and the amount of revenue recovered from the imposition of such penalties.
(Pub. L. 101–608, title I, § 115(d), Nov. 16, 1990, 104 Stat. 3121.)

CITE AS: 15 USC 2076a

§ 2076b. Inspector General audits and reports
(a) Improvements by the Commission
The Inspector General of the Commission shall conduct reviews and audits to assess—
(1) the Commission’s capital improvement efforts, including improvements and upgrades of the Commission’s information technology architecture and systems and the development of the database of publicly available information on incidents involving injury or death required under section 2055a of this title, as added by section 212 of this Act; and
(2) the adequacy of procedures for accrediting conformity assessment bodies as authorized by section 2063(a)(3) of this title, as amended by this Act, and overseeing the third party testing required by such section.
(b) Employee complaints
Within 1 year after August 14, 2008, the Inspector General shall conduct a review of—
(1) complaints received by the Inspector General from employees of the Commission about failures of other employees to enforce the rules or regulations of the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] or any other Act enforced by the Commission or otherwise carry out their responsibilities under such Acts if such alleged failures raise issues of conflicts of interest, ethical violations, or the absence of good faith; and
(2) actions taken by the Commission to address such failures and complaints, including an assessment of the timeliness and effectiveness of such actions.
(c) Public Internet website links
Not later than 30 days after August 14, 2008, the Commission shall establish and maintain—
(1) a direct link on the homepage of its Internet website to the Internet webpage of the Commission’s Office of Inspector General; and
(2) a mechanism on the webpage of the Commission’s Office of Inspector General by which individuals may anonymously report cases of waste, fraud, or abuse with respect to the Commission.
(d) Reports
(1) Activities and needs of Inspector General
(2) Reviews of improvements and employee complaints
(Pub. L. 110–314, title II, § 205, Aug. 14, 2008, 122 Stat. 3043.)

CITE AS: 15 USC 2076b

§ 2077. Chronic Hazard Advisory Panels
(a) Appointment; purposes
(b) Composition; membership
Each Panel shall consist of 7 members appointed by the Commission from a list of nominees who shall be nominated by the President of the National Academy of Sciences from scientists—
(1) who are not officers or employees of the United States (other than employees of the National Institutes of Health, the National Toxicology Program, or the National Center for Toxicological Research), and who do not receive compensation from or have any substantial financial interest in any manufacturer, distributor, or retailer of a consumer product; and
(2) who have demonstrated the ability to critically assess chronic hazards and risks to human health presented by the exposure of humans to toxic substances or as demonstrated by the exposure of animals to such substances.
The President of the National Academy of Sciences shall nominate for each Panel a number of individuals equal to three times the number of members to be appointed to the Panel.
(c) Chairman and Vice Chairman; election; term
(d) Majority vote
(e) Administrative support services
(f) Compensation
(g) Requests for and disclosures of information
(h) Information from other Federal departments and agencies
(1) Notwithstanding any statutory restriction on the authority of agencies and departments of the Federal Government to share information, such agencies and departments shall provide the Panel with such information and data as each Panel, through the Commission, may request to carry out its duties under section 2080 of this title. Each Panel may request information, through the Commission, from States, industry and other private sources as it may require to carry out its responsibilities.
(2)Section 2055 of this title shall apply to the disclosure of information by the Panel but shall not apply to the disclosure of information to the Panel.
(Pub. L. 92–573, § 28, as added Pub. L. 97–35, title XII, § 1206(a), Aug. 13, 1981, 95 Stat. 716; amended Pub. L. 101–608, title I, § 116, Nov. 16, 1990, 104 Stat. 3121; Pub. L. 110–314, title II, § 235(c)(6), Aug. 14, 2008, 122 Stat. 3075.)

CITE AS: 15 USC 2077

§ 2078. Cooperation with States and other Federal agencies
(a) Programs to promote Federal-State cooperation
(1) accept from any State or local authorities engaged in activities relating to health, safety, or consumer protection assistance in such functions as injury data collection, investigation, and educational programs, as well as other assistance in the administration and enforcement of this chapter which such States or localities may be able and willing to provide and, if so agreed, may pay in advance or otherwise for the reasonable cost of such assistance, and
(2) commission any qualified officer or employee of any State or local agency as an officer of the Commission for the purpose of conducting examinations, investigations, and inspections.
(b) Appropriateness of State and local programs
(c) Cooperation of Federal departments and agencies
(d) Utilization of National Institute of Standards and Technology
(e) Copies of accident or investigation reports to other agencies; conditionsNotwithstanding section 2055(a)(3) of this title, the Commission may provide to another Federal agency or a State or local agency or authority engaged in activities relating to health, safety, or consumer protection, copies of any accident or investigation report made under this chapter by any officer, employee, or agent of the Commission only if (1) information which under section 2055(a)(2) of this title is to be considered confidential is not included in any copy of such report which is provided under this subsection; and (2) each Federal agency and State and local agency and authority which is to receive under this subsection a copy of such report provides assurances satisfactory to the Commission that the identity of any injured person and any person who treated an injured person will not, without the consent of the person identified, be included in—
(A) any copy of any such report, or
(B) any information contained in any such report,
which the agency or authority makes available to any member of the public. No Federal agency or State or local agency or authority may disclose to the public any information contained in a report received by the agency or authority under this subsection unless with respect to such information the Commission has complied with the applicable requirements of section 2055(b) of this title.
(f) Sharing of information with Federal, State, local, and foreign government agencies
(1) Agreements and conditionsNotwithstanding the requirements of subsections (a)(3) and (b) of section 2055 of this title, relating to public disclosure of information, the Commission may make information obtained by the Commission available to any Federal, State, local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement or consumer protection purposes, if—
(A) the agency has set forth a bona fide legal basis for its authority to maintain the material in confidence;
(B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of—
(i) laws regulating the manufacture, importation, distribution, or sale of defective or unsafe consumer products, or other practices substantially similar to practices prohibited by any law administered by the Commission;
(ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; or
(iii) with respect to a foreign law enforcement agency, with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency’s government; and
(C) in the case of a foreign government agency, such agency is not from a foreign state that the Secretary of State has determined, in accordance with section 4605(j) 1
1 See References in Text note below.
of title 50, has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 4605(j)(4) 1 of title 50.
(2) Abrogation of agreements
(3) Additional rules against disclosureExcept as provided in paragraph (4), the Commission shall not be required to disclose under section 552 of title 5 or any other provision of law—
(A) any material obtained from a foreign government agency, if the foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material;
(B) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; or
(C) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign government agencies.
(4) Limitation
(5) DefinitionIn this subsection, the term “foreign government agency” means—
(A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and
(B) any multinational organization, to the extent that it is acting on behalf of an entity described in subparagraph (A).
(g) Notification to State health departments
(Pub. L. 92–573, § 29, Oct. 27, 1972, 86 Stat. 1230; Pub. L. 94–284, § 15, May 11, 1976, 90 Stat. 510; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 110–314, title II, §§ 207, 235(c)(7), Aug. 14, 2008, 122 Stat. 3044, 3075.)

CITE AS: 15 USC 2078

§ 2079. Transfers of functions
(a) Hazardous substances and poisons
(b) Flammable fabrics
(c) Household refrigerators
(d) Repealed. Pub. L. 110–314, title II, § 237, Aug. 14, 2008, 122 Stat. 3076
(e) Transfer of personnel, property, records, etc.; continued application of orders, rules, etc.
(1)
(A) All personnel, property, records, obligations, and commitments, which are used primarily with respect to any function transferred under the provisions of subsections (a), (b) and (c) of this section shall be transferred to the Commission, except those associated with fire and flammability research in the National Institute of Standards and Technology. The transfer of personnel pursuant to this paragraph shall be without reduction in classification or compensation for one year after such transfer, except that the Chairman of the Commission shall have full authority to assign personnel during such one-year period in order to efficiently carry out functions transferred to the Commission under this section.
(B) Any commissioned officer of the Public Health Service who upon the day before the effective date of this section, is serving as such officer primarily in the performance of functions transferred by this chapter to the Commission, may, if such officer so elects, acquire competitive status and be transferred to a competitive position in the Commission subject to subparagraph (A) of this paragraph, under the terms prescribed in paragraphs (3) through (8)(A) of section 15(b) of the Clean Air Amendments of 1970.
(2) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges (A) which have been issued, made, granted, or allowed to become effective in the exercise of functions which are transferred under this section by any department or agency, any functions of which are transferred by this section, and (B) which are in effect at the time this section takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Commission, by any court of competent jurisdiction, or by operation of law.
(3) The provisions of this section shall not affect any proceedings pending at the time this section takes effect before any department or agency, functions of which are transferred by this section; except that such proceedings, to the extent that they relate to functions so transferred, shall be continued before the Commission. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Commission, by a court of competent jurisdiction, or by operation of law.
(4) The provisions of this section shall not affect suits commenced prior to the date this section takes effect and in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this section had not been enacted; except that if before the date on which this section takes effect, any department or agency (or officer thereof in his official capacity) is a party to a suit involving functions transferred to the Commission, then such suit shall be continued by the Commission. No cause of action, and no suit, action, or other proceeding, by or against any department or agency (or officer thereof in his official capacity) functions of which are transferred by this section, shall abate by reason of the enactment of this section. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or the Commission as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter an order which will give effect to the provisions of this paragraph.
(f) “Function” defined
(Pub. L. 92–573, § 30, Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94–284, §§ 3(f), 16, May 11, 1976, 90 Stat. 504, 510; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 110–314, title II, § 237, Aug. 14, 2008, 122 Stat. 3076.)

CITE AS: 15 USC 2079

§ 2080. Limitations on jurisdiction of Consumer Product Safety Commission
(a) Authority to regulate
(b) Certain notices of proposed rulemaking; duties of Chronic Hazard Advisory Panel
(1) The Commission may not issue—
(A) an advance notice of proposed rulemaking for a consumer product safety rule,
(B) a notice of proposed rulemaking for a rule under section 2076(e) of this title, or
(C) an advance notice of proposed rulemaking for regulations under section 1261(q)(1) of this title,
relating to a risk of cancer, birth defects, or gene mutations from a consumer product unless a Chronic Hazard Advisory Panel, established under section 2077 of this title, has, in accordance with paragraph (2), submitted a report to the Commission with respect to whether a substance contained in such product is a carcinogen, mutagen, or teratogen.
(2)
(A) Before the Commission issues an advance notice of proposed rulemaking for—
(i) a consumer product safety rule,
(ii) a rule under section 2076(e) of this title, or
(iii) a regulation under section 1261(q)(1) of this title,
relating to a risk of cancer, birth defects, or gene mutations from a consumer product, the Commission shall request the Panel to review the scientific data and other relevant information relating to such risk to determine if any substance in the product is a carcinogen, mutagen, or a teratogen and to report its determination to the Commission.
(B) When the Commission appoints a Panel, the Panel shall convene within 30 days after the date the final appointment is made to the Panel. The Panel shall report its determination to the Commission not later than 120 days after the date the Panel is convened or, if the Panel requests additional time, within a time period specified by the Commission. If the determination reported to the Commission states that a substance in a product is a carcinogen, mutagen, or a teratogen, the Panel shall include in its report an estimate, if such an estimate is feasible, of the probable harm to human health that will result from exposure to the substance.
(C) A Panel appointed under section 2077 of this title shall terminate when it has submitted its report unless the Commission extends the existence of the Panel.
(D) Chapter 10 of title 5 shall not apply with respect to any Panel established under this section.
(c) Panel report; incorporation into advance notice and final rule
(Pub. L. 92–573, § 31, Oct. 27, 1972, 86 Stat. 1232; Pub. L. 97–35, title XII, § 1206(b), Aug. 13, 1981, 95 Stat. 717; Pub. L. 97–414, § 9(j)(5), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 117–286, § 4(a)(67), Dec. 27, 2022, 136 Stat. 4313.)

CITE AS: 15 USC 2080

§ 2081. Authorization of appropriations
(a) General authorization of appropriations
(1) In general
There are authorized to be appropriated to the Commission for the purpose of carrying out the provisions of this chapter and any other provision of law the Commission is authorized or directed to carry out—
(A) $118,200,000 for fiscal year 2010;
(B) $115,640,000 for fiscal year 2011;
(C) $123,994,000 for fiscal year 2012;
(D) $131,783,000 for fiscal year 2013; and
(E) $136,409,000 for fiscal year 2014.
(2) Travel allowance
From amounts appropriated pursuant to paragraph (1), there shall be made available $1,200,000 for fiscal year 2010, $1,248,000 for fiscal year 2011, $1,297,000 for fiscal year 2012, $1,350,000 for fiscal year 2013, and $1,403,000 for fiscal year 2014, for travel, subsistence, and related expenses incurred in furtherance of the official duties of Commissioners and employees with respect to attendance at meetings or similar functions, which shall be used by the Commission for such purposes in lieu of acceptance of payment or reimbursement for such expenses from any person—
(A) seeking official action from, doing business with, or conducting activities regulated by, the Commission; or
(B) whose interests may be substantially affected by the performance or nonperformance of the Commissioner’s or employee’s official duties.
(b) Limitation
(Pub. L. 92–573, § 32, Oct. 27, 1972, 86 Stat. 1233; Pub. L. 94–284, §§ 2, 5(b), May 11, 1976, 90 Stat. 503, 505; Pub. L. 95–631, § 1, Nov. 10, 1978, 92 Stat. 3742; Pub. L. 97–35, title XII, § 1214, Aug. 13, 1981, 95 Stat. 724; Pub. L. 101–608, title I, § 117, Nov. 16, 1990, 104 Stat. 3121; Pub. L. 103–437, § 5(c)(1), Nov. 2, 1994, 108 Stat. 4582; Pub. L. 110–314, title II, §§ 201(a), (c), 235(c)(4), Aug. 14, 2008, 122 Stat. 3038, 3039, 3075.)

CITE AS: 15 USC 2081

§ 2082. Interim cellulose insulation safety standard
(a) Applicability of specification of General Services Administration; authority and effect of interim standard; modifications; criteria; labeling requirements
(1) Subject to the provisions of paragraph (2), on and after the last day of the 60-day period beginning on July 11, 1978, the requirements for flame resistance and corrosiveness set forth in the General Services Administration’s specification for cellulose insulation, HH–I–515C (as such specification was in effect on February 1, 1978), shall be deemed to be an interim consumer product safety standard which shall have all the authority and effect of any other consumer product safety standard promulgated by the Commission under this chapter. During the 45-day period beginning on July 11, 1978, the Commission may make, and shall publish in the Federal Register, such technical, nonsubstantive changes in such requirements as it deems appropriate to make such requirements suitable for promulgation as a consumer product safety standard. At the end of the 60-day period specified in the first sentence of this paragraph, the Commission shall publish in the Federal Register such interim consumer product safety standard, as altered by the Commission under this paragraph.
(2) The interim consumer product safety standard established in paragraph (1) shall provide that any cellulose insulation which is produced or distributed for sale or use as a consumer product shall have a flame spread rating of 0 to 25, as such rating is set forth in the General Services Administration’s specification for cellulose insulation, HH–I–515C.
(3) During the period for which the interim consumer product safety standard established in subsection (a) is in effect, in addition to complying with any labeling requirement established by the Commission under this chapter, each manufacturer or private labeler of cellulose insulation shall include the following statement on any container of such cellulose insulation: “ATTENTION: This material meets the applicable minimum Federal flammability standard. This standard is based upon laboratory tests only, which do not represent actual conditions which may occur in the home”. Such statement shall be located in a conspicuous place on such container and shall appear in conspicuous and legible type in contrast by typography, layout, and color with other printed matter on such container.
(b) Scope of judicial review
(c) Enforcement; violations; promulgation of final standard; procedures applicable to promulgation; revision of interim standard; procedures applicable to revision
(1)
(A) Any interim consumer product safety standard established pursuant to this section shall be enforced in the same manner as any other consumer product safety standard until such time as there is in effect a final consumer product safety standard promulgated by the Commission, as provided in subparagraph (B), or until such time as it is revoked by the Commission under section 2058(e) of this title. A violation of the interim consumer product safety standard shall be deemed to be a violation of a consumer product safety standard promulgated by the Commission under section 2058 of this title.
(B) If the Commission determines that the interim consumer product safety standard does not adequately protect the public from the unreasonable risk of injury associated with flammable or corrosive cellulose insulation, it shall promulgate a final consumer product safety standard to protect against such risk. Such final standard shall be promulgated pursuant to section 553 of title 5, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. The provisions of section 2058(b), (c), and (d) of this title shall apply to any proceeding to promulgate such final standard. In any judicial review of such final standard under section 2060 of this title, the court shall not require any demonstration that each particular finding made by the Commission under section 2058(c) of this title is supported by substantial evidence. The court shall affirm the action of the Commission unless the court determines that such action is not supported by substantial evidence on the record taken as a whole.
(2)
(A) Until there is in effect such a final consumer product safety standard, the Commission shall incorporate into the interim consumer product safety standard, in accordance with the provisions of this paragraph, each revision superseding the requirements for flame resistance and corrosiveness referred to in subsection (a) and promulgated by the General Services Administration.
(B) At least 45 days before any revision superseding such requirements is to become effective, the Administrator of the General Services Administration shall notify the Commission of such revision. In the case of any such revision which becomes effective during the period beginning on February 1, 1978, and ending on July 11, 1978, such notice from the Administrator of the General Services Administration shall be deemed to have been made on July 11, 1978.
(C)
(i) No later than 45 days after receiving any notice under subparagraph (B), the Commission shall publish the revision, including such changes in the revision as it considers appropriate to make the revision suitable for promulgation as an amendment to the interim consumer product safety standard, in the Federal Register as a proposed amendment to the interim consumer product safety standard.
(ii) The Commission may extend the 45-day period specified in clause (i) for an additional period of not more than 150 days if the Commission determines that such extension is necessary to study the technical and scientific basis for the revision involved, or to study the safety and economic consequences of such revision.
(D)
(i) Additional extensions of the 45-day period specified in subparagraph (C)(i) may be taken by the Commission if—(I) the Commission makes the determination required in subparagraph (C)(ii) with respect to each such extension; and(II) in the case of further extensions proposed by the Commission after an initial extension under this clause, such further extensions have not been disapproved under clause (iv).
(ii) Any extension made by the Commission under this subparagraph shall be for a period of not more than 45 days.
(iii) Prior notice of each extension made by the Commission under this subparagraph, together with a statement of the reasons for such extension and an estimate of the length of time required by the Commission to complete its action upon the revision involved, shall be published in the Federal Register and shall be submitted to the appropriate Congressional committees.
(iv) In any case in which the Commission takes an initial 45-day extension under clause (i), the Commission may not take any further extensions under clause (i) if each committee referred to in clause (iii) disapproves by committee resolution any such further extensions before the end of the 15-day period following notice of such initial extension made by the Commission in accordance with clause (iii).
(E) The Commission shall give interested persons an opportunity to comment upon any proposed amendment to the interim consumer product safety standard during the 30-day period following any publication by the Commission under subparagraph (C).
(F) No later than 90 days after the end of the period specified in subparagraph (E), the Commission shall promulgate the amendment to the interim consumer product safety standard unless the Commission determines, after consultation with the Secretary of Energy, that—
(i) such amendment is not necessary for the protection of consumers from the unreasonable risk of injury associated with flammable or corrosive cellulose insulation; or
(ii) implementation of such amendment will create an undue burden upon persons who are subject to the interim consumer product safety standard.
(G) The provisions of section 2060 of this title shall not apply to any judicial review of any amendment to the interim product safety standard promulgated under this paragraph.
(d) Reporting requirements of other Federal departments, agencies, etc., of violations
(e) Reporting requirements of Commission to Congressional committees; contents, time of submission, etc.
(1) The Commission, no later than 45 days after July 11, 1978, shall submit a report to the appropriate Congressional committees which shall contain a detailed statement of the manner in which the Commission intends to carry out the enforcement of this section.
(2)
(A) The Commission, no later than 6 months after the date upon which the report required in paragraph (1) is due (and no later than the end of each 6-month period thereafter), shall submit a report to each committee referred to in paragraph (1) which shall describe the enforcement activities of the Commission with respect to this section during the most recent 6-month period.
(B) The first report which the Commission submits under subparagraph (A) shall include the results of tests of cellulose insulation manufactured by at least 25 manufacturers which the Commission shall conduct to determine whether such cellulose insulation complies with the interim consumer product safety standard. The second such report shall include the results of such tests with respect to 50 manufacturers who were not included in testing conducted by the Commission for inclusion in the first report.
(f) Compliance with certification requirements; implementation; waiver; rules and regulations
(1) The Commission shall have the authority to require that any person required to comply with the certification requirements of section 2063 of this title with respect to the manufacture of cellulose insulation shall provide for the performance of any test or testing program required for such certification through the use of an independent third party qualified to perform such test or testing program. The Commission may impose such requirement whether or not the Commission has established a testing program for cellulose insulation under section 2063(b) of this title.
(2) The Commission, upon petition by a manufacturer, may waive the requirements of paragraph (1) with respect to such manufacturer if the Commission determines that the use of an independent third party is not necessary in order for such manufacturer to comply with the certification requirements of section 2063 of this title.
(3) The Commission may prescribe such rules as it considers necessary to carry out the provisions of this subsection.
(g) Authorization of appropriations
(Pub. L. 92–573, § 35, as added Pub. L. 95–319, § 3(a), July 11, 1978, 92 Stat. 386; amended Pub. L. 103–437, § 5(c)(2), Nov. 2, 1994, 108 Stat. 4582; Pub. L. 110–314, title II, § 235(c)(3), (5), Aug. 14, 2008, 122 Stat. 3074, 3075.)

CITE AS: 15 USC 2082

§ 2083. Congressional veto of consumer product safety rules
(a) Transmission to Congress
(b) Disapproval by concurrent resolution
Any rule specified in subsection (a) shall not take effect if—
(1) within the 90 calendar days of continuous session of the Congress which occur after the date of the promulgation of such rule, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): “That the Congress disapproves the consumer product safety rule which was promulgated by the Consumer Product Safety Commission with respect to            and which was transmitted to the Congress on            and disapproves the rule for the following reasons:           .”; or
(2) within the 60 calendar days of continuous session of the Congress which occur after the date of the promulgation of such rule, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the 30 calendar days of continuous session of the Congress which occur after the date of such transmittal.
(c) Presumptions from Congressional action or inaction
(d) Continuous session of Congress
For purposes of this section—
(1) continuity of session is broken only by an adjournment of the Congress sine die; and
(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b).
(Pub. L. 92–573, § 36, as added Pub. L. 97–35, title XII, § 1207(a), Aug. 13, 1981, 95 Stat. 718.)

CITE AS: 15 USC 2083

§ 2084. Information reporting
(a) Notification of settlements or judgments
(b) Calculation of 24-month periods
(c) Information required to be reported
(1) The information required by subsection (a) to be reported to the Commission, with respect to each civil action described in subsection (a), shall include and in addition to any voluntary information provided under paragraph (2) shall be limited to the following:
(A) The name and address of the manufacturer.
(B) The model and model number or designation of the consumer product subject to the civil action.
(C) A statement as to whether the civil action alleged death or grievous bodily injury, and in the case of an allegation of grievous bodily injury, a statement of the category of such injury.
(D) A statement as to whether the civil action resulted in a final settlement or a judgment in favor of the plaintiff.
(E) in 1
1 So in original. Probably should be capitalized.
the case of a judgment in favor of the plaintiff, the name of the civil action, the number assigned the civil action, and the court in which the civil action was filed.
(2) A manufacturer furnishing the report required by paragraph (1) may include (A) a statement as to whether any judgment in favor of the plaintiff is under appeal or is expected to be appealed or (B) any other information which the manufacturer chooses to provide. A manufacturer reporting to the Commission under subsection (a) need not admit or may specifically deny that the information it submits reasonably supports the conclusion that its consumer product caused a death or grievous bodily injury.
(3) No statement of the amount paid by the manufacturer in a final settlement shall be required as part of the report furnished under subsection (a), nor shall such a statement of settlement amount be required under any other section of this chapter.
(d) Report not deemed an admission of liabilityThe reporting of a civil action described in subsection (a) by a manufacturer shall not constitute an admission of—
(1) an unreasonable risk of injury,
(2) a defect in the consumer product which was the subject of such action,
(3) a substantial product hazard,
(4) an imminent hazard, or
(5) any other admission of liability under any statute or under any common law.
(e) DefinitionsFor purposes of this section:
(1) A grievous bodily injury includes any of the following categories of injury: mutilation, amputation, dismemberment, disfigurement, loss of important bodily functions, debilitating internal disorder, severe burn, severe electric shock, and injuries likely to require extended hospitalization.
(2) For purposes of this section,2
2 So in original.
a particular model of a consumer product is one that is distinctive in functional design, construction, warnings or instructions related to safety, function, user population, or other characteristics which could affect the product’s safety related performance.
(Pub. L. 92–573, § 37, as added Pub. L. 101–608, title I, § 112(b), Nov. 16, 1990, 104 Stat. 3115.)

CITE AS: 15 USC 2084

§ 2085. Low-speed electric bicycles
(a) Construction
(b) Definition
(c) Promulgation of requirements
(d) Preemption
(Pub. L. 92–573, § 38, as added Pub. L. 107–319, § 1, Dec. 4, 2002, 116 Stat. 2776.)

CITE AS: 15 USC 2085

§ 2086. Prohibition on industry-sponsored travel
Notwithstanding section 1353 of title 31 and section 2076(b)(6) of this title, no Commissioner or employee of the Commission shall accept travel, subsistence, or related expenses with respect to attendance by a Commissioner or employee at any meeting or similar function relating to official duties of a Commissioner or an employee, from a person—
(1) seeking official action from, doing business with, or conducting activities regulated by, the Commission; or
(2) whose interests may be substantially affected by the performance or nonperformance of the Commissioner’s or employee’s official duties.
(Pub. L. 92–573, § 39, as added Pub. L. 110–314, title II, § 206(a), Aug. 14, 2008, 122 Stat. 3044.)

CITE AS: 15 USC 2086

§ 2087. Whistleblower protection
(a) No manufacturer, private labeler, distributor, or retailer,1
1 So in original. The comma probably should not appear.
may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee’s initiative or in the ordinary course of the employee’s duties (or any person acting pursuant to a request of the employee)—
(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of this chapter or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts;
(2) testified or is about to testify in a proceeding concerning such violation;
(3) assisted or participated or is about to assist or participate in such a proceeding; or
(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this chapter or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts.
(b)
(1) A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).
(2)
(A) Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the complainant and the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary’s findings. If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.
(B)
(i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
(ii) Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.
(iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
(iv) Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior.
(3)
(A) Not later than 120 days after the date of conclusion of any hearing under paragraph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation.
(B) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation—
(i) to take affirmative action to abate the violation;
(ii) to reinstate the complainant to his or her former position together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
(iii) to provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.
(C) If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys’ fee, not exceeding $1,000, to be paid by the complainant.
(4) If the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States with jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(B). The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including—
(A) reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination;
(B) the amount of back pay, with interest; and
(C) compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney’s fees.
(5)
(A) Unless the complainant brings an action under paragraph (4), any person adversely affected or aggrieved by a final order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.
(B) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.
(6) Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages.
(7)
(A) A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.
(B) The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys’ and expert witness fees) to any party whenever the court determines such award is appropriate.
(c) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28.
(d) Subsection (a) shall not apply with respect to an employee of a manufacturer, private labeler, distributor, or retailer who, acting without direction from such manufacturer, private labeler, distributor, or retailer (or such person’s agent), deliberately causes a violation of any requirement relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this chapter or any other law enforced by the Commission.
(Pub. L. 92–573, § 40, as added Pub. L. 110–314, title II, § 219(a), Aug. 14, 2008, 122 Stat. 3062.)

CITE AS: 15 USC 2087

§ 2088. Financial responsibility
(a) Identification and determination of bond
(b) Study of requiring escrow for recalls and destruction of products
(1) Study
The Comptroller General shall conduct a study to determine the feasibility of requiring—
(A) the posting of an escrow, proof of insurance, or security sufficient in amount to cover the cost of destruction of a domestically-produced product or substance regulated under this chapter or any other Act enforced by the Commission; and
(B) the posting of an escrow, proof of insurance, or security sufficient in amount to cover the cost of an effective recall of a product or substance, domestic or imported, regulated under this chapter or any other Act enforced by the Commission.
(2) Report
(Pub. L. 92–573, § 41, as added Pub. L. 110–314, title II, § 224(a), Aug. 14, 2008, 122 Stat. 3069.)

CITE AS: 15 USC 2088

§ 2089. All-terrain vehicles
(a) In general
(1) Mandatory standard
(2) Compliance with standard
After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle unless—
(A) the all-terrain vehicle complies with each applicable provision of the standard;
(B) the ATV is subject to an ATV action plan filed with the Commission before August 14, 2008, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; and
(C) the manufacturer or distributor is in compliance with all provisions of the applicable ATV action plan.
(3) Violation
(4) Compliant models with additional features
(b) Modification of standard
(1) ANSI revisions
(2) Commission action
(3) Unreasonable risk of injury
(4) Certain provisions not applicable
(c) Requirements for 3-wheeled all-terrain vehicles
(d) Further proceedings
(1) Deadline
(2) Categories of youth ATVs
In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, may provide for a multiple factor method of categorization that, at a minimum, takes into account—
(A) the weight of the ATV;
(B) the maximum speed of the ATV;
(C) the velocity at which an ATV of a given weight is traveling at the maximum speed of the ATV;
(D) the age of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV; and
(E) the average weight of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV.
(3) Additional safety standards
In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, shall review the standard published under subsection (a)(1) and establish additional safety standards for all-terrain vehicles to the extent necessary to protect the public health and safety. As part of its review, the Commission shall consider, at a minimum, establishing or strengthening standards on—
(A) suspension;
(B) brake performance;
(C) speed governors;
(D) warning labels;
(E) marketing; and
(F) dynamic stability.
(e) Definitions
In this section:
(1) All-terrain vehicle or ATV
The term “all-terrain vehicle” or “ATV” means—
(A) any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but
(B) does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.
(2) ATV action plan
(Pub. L. 92–573, § 42, as added Pub. L. 110–314, title II, § 232(a), Aug. 14, 2008, 122 Stat. 3071.)

CITE AS: 15 USC 2089

§ 2090. Grant program for carbon monoxide poisoning prevention
(a) In general
(b) EligibilityFor the purposes of this section, an eligible State or Tribal organization is any State or Tribal organization that—
(1) demonstrates to the satisfaction of the Commission that the State or Tribal organization has adopted a statute or a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 72, the IFC, or the IRC; and
(2) submits an application—
(A) to the Commission at such time, in such form, and containing such additional information as the Commission may require; and
(B) that may be filed on behalf of the State or Tribal organization by the fire safety code enforcement agency of that State or Tribal organization.
(c) Grant amount
(d) Selection of grant recipientsIn selecting eligible States and Tribal organizations for the award of grants under this section, the Commission shall give favorable consideration to an eligible State or Tribal organization that demonstrates a reasonable need for funding under this section and that—
(1) requires the installation of one or more compliant carbon monoxide alarms in a new or existing educational facility, childcare facility, health care facility, adult dependent care facility, government building, restaurant, theater, lodging establishment, or dwelling unit—
(A) within which a fuel-burning appliance, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel, is installed; or
(B) that has an attached garage; and
(2) has developed a strategy to protect vulnerable populations, such as children, the elderly, or low-income households, from exposure to unhealthy levels of carbon monoxide.
(e) Use of grant funds
(1) In generalSubject to paragraph (2), an eligible State or Tribal organization to which a grant is awarded under this section may use the grant—
(A) to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly individuals, facilities that commonly serve children or the elderly (including childcare facilities, public schools, and senior centers);
(B) for the development and dissemination of training materials, instructors, and any other costs relating to the training sessions authorized under this subsection; or
(C) to educate the public about—
(i) the risk associated with carbon monoxide as a poison; and
(ii) the importance of proper carbon monoxide alarm use.
(2) Limitations
(A) Administrative costs
(B) Public outreach
(C) State contributions
(f) Funding
(1) In general
(2) Limitation on administrative expenses
(g) Report
(Pub. L. 117–103, div. Q, title II, § 204, Mar. 15, 2022, 136 Stat. 814.)

CITE AS: 15 USC 2090