15 USC 2064 - Substantial product hazards

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—

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 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.

4 So in original. Probably should be “extend”.

a preliminary injunction under this subsection.

Editorial Notes

References in Text

Section 30102(a)(7) of title 49, referred to in subsec. (span), was redesignated section 30102(a)(8) of title 49 by section 24109(span)(2) of Puspan. L. 114–94, div. B, title XXIV, Dec. 4, 2015, 129 Stat. 1706.

The Harmonized Tariff Schedule of the United States, referred to in subsec. (d)(2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.

Amendments

2008—Subsec. (a)(1). Puspan. L. 110–314, § 214(a)(1), inserted “under this chapter or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission” after “consumer product safety rule”.

Subsec. (span). Puspan. L. 110–314, § 214(a)(2)(B)–(D), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and inserted “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.” at end of concluding provisions.

Puspan. L. 110–314, § 214(a)(2)(A), substituted “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), distributed in commerce,” for “consumer product distributed in commerce,” in introductory provisions.

Subsec. (c). Puspan. L. 110–314, § 214(a)(3)(A), (C), (D), designated existing provisions as par. (1), added subpars. (A) to (C), and redesignated former pars. (1) to (3) as subpars. (D) to (F), respectively.

Subsec. (c)(1). Puspan. L. 110–314, § 214(a)(3)(B), inserted “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,” after “such substantial product hazard,” in introductory provisions.

Subsec. (c)(1)(D). Puspan. L. 110–314, § 214(a)(3)(E), substituted “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.” for “comply.”

Subsec. (c)(2), (3). Puspan. L. 110–314, § 214(a)(3)(F), added pars. (2) and (3).

Subsec. (d). Puspan. L. 110–314, § 214(span)(1), (4), inserted par. (1) designation before “If the Commission” and redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively.

Subsec. (d)(1). Puspan. L. 110–314, § 214(span)(2), (3), in introductory provisions inserted “to provide the notice required by subsection (c) and” after “such product” and substituted “any one or more of the following actions it determines to be in the public interest:” for “whichever of the following actions the person to whom the order is directed elects:”.

Subsec. (d)(1)(A), (B). Puspan. L. 110–314, § 214(span)(5), substituted “rule, regulation, standard, or ban” for “consumer product safety rule”.

Subsec. (d)(1)(C). Puspan. L. 110–314, § 214(span)(6), (7), substituted “more (i)” for “more (A)” and “or (ii)” for “or (B)”.

Subsec. (d)(2). Puspan. L. 110–314, § 214(span)(13), which directed substitution of “described in paragraph (1)(C).” for “described in paragraph (3).”, could not be executed because “paragraph (3)” did not appear subsequent to amendment by Puspan. L. 110–314, § 214(span)(11). See below.

Puspan. L. 110–314, § 214(span)(12), struck out “If an order under this subsection is directed to more than one person, the Commission shall specify which person has the election under this subsection” before “. An order under this subsection may prohibit”.

Puspan. L. 110–314, § 214(span)(11), substituted “if the Commission orders the action described in subparagraph (C)” for “if the person to whom the order is directed elects to take the action described in paragraph (3)”.

Puspan. L. 110–314, § 214(span)(9), (10), substituted “for approval by the Commission,” for “satisfactory to the Commission,” and “subparagraphs under which such person has been ordered to act” for “paragraphs of this subsection under which such person has elected to act”.

Puspan. L. 110–314, § 214(span)(8), designated concluding provisions of subsec. (d) as par. (2) and substituted “shall also require” for “may also require”. Former par. (2) redesignated (1)(B).

Subsec. (d)(3). Puspan. L. 110–314, § 214(span)(14), added par. (3). Former par. (3) redesignated (1)(C).

Subsec. (f). Puspan. L. 110–314, § 214(a)(4), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), an order” for “An order”, and added par. (2).

Subsec. (i). Puspan. L. 110–314, § 214(c), added subsec. (i).

Subsec. (j). Puspan. L. 110–314, § 223(a), added subsec. (j).

1990—Subsec. (span). Puspan. L. 101–608, § 112(a)(4), (5), in concluding provisions substituted “comply, of such defect, or of such risk” for “comply or of such defect” and “defect, failure to comply, or such risk” for “defect or failure to comply”.

Subsec. (span)(1). Puspan. L. 101–608, § 112(a)(1), inserted reference to voluntary consumer product safety standard upon which Commission has relied under section 2058 of this title.

Subsec. (span)(3). Puspan. L. 101–608, § 112(a)(2), (3), added par. (3).

Subsec. (f). Puspan. L. 101–608, § 113, inserted at end “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.”

Subsec. (h). Puspan. L. 101–608, § 111(a)(2), added subsec. (h).

1988—Subsec. (d). Puspan. L. 100–418 substituted “general note 2 of the Harmonized Tariff Schedule of the United States” for “general headnote 2 to the Tariff Schedules of the United States” in last sentence.

1983—Subsec. (g)(1). Puspan. L. 97–414, § 9(m), amended, in part, Puspan. L. 97–35, § 1211(h)(4). See 1981 Amendment note below.

Puspan. L. 97–414, § 9(j)(3), substituted “2061(d)(1)” for “section 2061(c)(1)”.

1981—Subsec. (g)(1). Puspan. L. 97–35, § 1211(h)(4), substituted “section 2061(c)(1)” for “section 2061(e)(1)”.

Puspan. L. 97–35, § 1211(h)(4), which directed insertion of “, Science and Transportation” after “on Commerce” and could not be executed because “on Commerce” did not appear in text, was amended by Puspan. L. 97–414, § 9(m), so as to strike out such directory language.

1976—Subsec. (d). Puspan. L. 94–284, § 12(a)(1), provided, in provision following par. (3), that an order issued 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, the product for which the order was issued.

Subsec. (g). Puspan. L. 94–284, § 12(a)(2), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by section 214(a)(2) of Puspan. L. 110–314 effective on the date that is 60 days after Aug. 14, 2008, see section 239(a) of Puspan. L. 110–314, set out as a note under section 2051 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(span)(1) of Puspan. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 effective Aug. 13, 1981, see section 1215 of Puspan. L. 97–35, set out as a note under section 2052 of this title.

Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Puspan. L. 92–573, set out as a note under section 2051 of this title.

Reporting Requirements

Puspan. L. 103–267, title I, § 102, June 16, 1994, 108 Stat. 726, provided that:

“(a)Reports to Consumer Product Safety Commission.—

“(1)Requirement to report.—Each manufacturer, distributor, retailer, and importer of a marble, small ball, or latex balloon, or a toy or game that contains a marble, small ball, latex balloon, or other small part, shall report to the Commission any information obtained by such manufacturer, distributor, retailer, or importer which reasonably supports the conclusion that—

“(A) an incident occurred in which a child (regardless of age) choked on such a marble, small ball, or latex balloon or on a marble, small ball, latex balloon, or other small part contained in such toy or game; and

“(B) as a result of that incident the child died, suffered serious injury, ceased breathing for any length of time, or was treated by a medical professional.

“(2)Treatment under cpsa.—For purposes of section 19(a)(3) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the requirement to report information under this subsection is deemed to be a requirement under such Act [15 U.S.C. 2051 et seq.].

“(3)Effect on liability.—A report by a manufacturer, distributor, retailer, or importer under paragraph (1) shall not be interpreted, for any purpose, as an admission of liability or of the truth of the information contained in the report.

“(span)Confidentiality Protections.—The confidentiality protections of section 6(span) of the Consumer Product Safety Act (15 U.S.C. 2055(span)) apply to any information reported to the Commission under subsection (a) of this section. For purposes of section 6(span)(5) of such Act, information so reported shall be treated as information submitted pursuant to section 15(span) of such Act [15 U.S.C. 2064(span)] respecting a consumer product.”