View all text of Chapter 47 [§ 2051 - § 2090]
§ 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.)