15 U.S.C. § 2063 — Product certification and labeling

Page 1735 TITLE 15—COMMERCE AND TRADE § 2063 1 So in original. No subsec. (f) has been enacted. (e) Employment of attorneys by Commission Notwithstanding any other provision of law, in any action under this section, the Commission may direct attorneys employed by it to appear and represent it. (g) 1 Cost-benefit analysis of compliance with re- lief ordered in action for judicial review of consumer product safety rule not required Nothing in this section shall be construed to require the Commission, in determining whether to bring an action against a consumer product or a person under this section, to prepare a com- parison of the costs that would be incurred in complying with the relief that may be ordered in such action with the benefits to the public from such relief. (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.) Editorial Notes AMENDMENTS 1990—Subsec. (g). Pub. L. 101–608 added subsec. (g). 1981—Subsecs. (d) to (f). Pub. L. 97–35 redesignated subsecs. (e) and (f) as (d) and (e), respectively. Former subsec. (d), which provided for consultation with the Product Safety Advisory Council by the Commission prior to commencing an action, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. 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 Pub. L. 92–573, set out as a note under section 2051 of this title. § 2062. Repealed. Pub. L. 97–35, title XII, § 1211(b), Aug. 13, 1981, 95 Stat. 721 Section, Pub. L. 92–573, § 13, Oct. 27, 1972, 86 Stat. 1219, provided that Commission could prescribe procedures to insure that manufacturer of a new consumer product notify Commission of new product prior to its distribu- tion. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 2052 of this title. § 2063. Product certification and labeling (a) Certification accompanying product; prod- ucts with more than one manufacturer (1) GENERAL CONFORMITY CERTIFICATION.—Ex- cept 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 Commis- sion and which is imported for consumption or warehousing or distributed in commerce (and the private labeler of such product if such prod- uct bears a private label) shall issue a certifi- cate 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, stand- ard, or regulation applicable to the product. (2) THIRD PARTY TESTING REQUIREMENT.—Effec- tive on the dates provided in paragraph (3), be- fore importing for consumption or warehousing or distributing in commerce any children’s prod- uct that is subject to a children’s product safety rule, every manufacturer of such children’s product (and the private labeler of such chil- dren’s product if such children’s product bears a private label) shall— (A) submit sufficient samples of the chil- dren’s product, or samples that are identical in all material respects to the product, to a third party conformity assessment body ac- credited under paragraph (3) to be tested for compliance with such children’s product safe- ty 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 con- duct such tests. A manufacturer or private labeler shall issue ei- ther 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 spec- ified. (3) SCHEDULE FOR IMPLEMENTATION OF THIRD PARTY TESTING.— (A) GENERAL APPLICATION.—Except as pro- vided under subparagraph (F), the require- ments of paragraph (2) shall apply to any chil- dren’s product manufactured more than 90 days after the Commission has established and published notice of the requirements for ac- creditation of third party conformity assess- ment bodies to assess conformity with a chil- dren’s product safety rule to which such chil- dren’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 ac- creditation of third party conformity assess- ment 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 Au- gust 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 ac- creditation of third party conformity assess- Page 1736 TITLE 15—COMMERCE AND TRADE § 2063 1 So in original. Such title refers to title 16, Code of Federal Regulations. ment 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 Com- mission shall publish notice of the require- ments for accreditation of third party con- formity assessment bodies to assess con- formity with the requirements of section 1278a(a)(2) of this title with respect to chil- dren’s metal jewelry. (v) BABY BOUNCERS, WALKERS, AND JUMP- ERS.—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 (vi) ALL OTHER CHILDREN’S PRODUCT SAFETY RULES.—The Commission shall publish no- tice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with other children’s product safety rules at the earliest prac- ticable 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 revi- sions take effect. (C) ACCREDITATION.—Accreditation of third party conformity assessment bodies pursuant to the requirements established under sub- paragraph (B) may be conducted either by the Commission or by an independent accredita- tion organization designated by the Commis- sion. (D) PERIODIC REVIEW.—The Commission shall periodically review and revise the accredita- tion requirements established under subpara- graph (B) to ensure that the requirements as- sure the highest conformity assessment body quality that is feasible. (E) PUBLICATION OF ACCREDITED ENTITIES.— The Commission shall maintain on its Inter- net website an up-to-date list of entities that have been accredited to assess conformity with children’s product safety rules in accord- ance with the requirements published by the Commission under this paragraph. (F) EXTENSION.—If the Commission deter- mines that an insufficient number of third party conformity assessment bodies have been accredited to permit certification for a chil- dren’s product safety rule under the acceler- ated schedule required by this paragraph, the Commission may extend the deadline for cer- tification to such rule by not more than 60 days. (G) RULEMAKING.—Until the date that is 3 years after August 14, 2008, Commission pro- ceedings 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 manufac- turers 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 re- quirement 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 prac- ticable, that will enable— (i) the manufacturer to ascertain the loca- tion and date of production of the product, co- hort 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, ex- clude a specific product or class of products from the requirements in subparagraph (A) if the Commission determines that it is not prac- ticable for such product or class of products to bear the marks required by such subparagraph. The Commission may establish alternative re- quirements for any product or class of products excluded under the preceding sentence con- sistent with the purposes described in clauses (i) and (ii) of subparagraph (A). (b) Rules to establish reasonable testing pro- grams The Commission may by rule prescribe reason- able testing programs for any product which is subject to a consumer product safety rule under this chapter, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission, and for which a certificate is required under subsection (a). Any test or testing program on the basis of which a certifi- cate is issued under subsection (a) may, at the option of the person required to certify the prod- uct, be conducted by an independent third party qualified to perform such tests, unless the Com- mission, by rule, requires testing by an inde- pendent third party for a particular rule, regula- tion, standard, or ban, or for a particular class of products. (c) Form and contents of labels The Commission may by rule require the use and prescribe the form and content of labels which contain the following information (or that portion of it specified in the rule)— (1) The date and place of manufacture of any consumer product. (2) The cohort information (including the batch, run number, or other identifying char- acteristic) of the product. (3) A suitable identification of the manufac- turer of the consumer product, unless the product bears a private label in which case it shall identify the private labeler and shall also Page 1737 TITLE 15—COMMERCE AND TRADE § 2063 contain a code mark which will permit the seller of such product to identify the manufac- turer thereof to the purchaser upon his re- quest. (4) In the case of a consumer product subject to a consumer product safety rule, a certifi- cation that the product meets all applicable consumer product safety standards and a spec- ification of the standards which are applica- ble. Such labels, where practicable, may be required by the Commission to be permanently marked on or affixed to any such consumer product. The Commission may, in appropriate cases, permit information required under paragraphs (1) and (2) of this subsection to be coded. (d) Additional regulations for third party testing (1) Audit Not later than 10 months after August 14, 2008, the Commission shall by regulation es- tablish requirements for the periodic audit of third party conformity assessment bodies as a condition for the continuing accreditation of such conformity assessment bodies under sub- section (a)(3)(C). (2) Compliance; continuing testing Not later than 15 months after August 14, 2008, the Commission shall by regulation— (A) initiate a program by which a manu- facturer or private labeler may label a con- sumer product as complying with the certifi- cation 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 sam- ples to ensure continued compliance; (iii) for verifying that a children’s prod- uct 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 con- formity assessment body by a manufac- turer or private labeler. (3) Reducing third party testing burdens (A) Assessment Not later than 60 days after August 12, 2011, the Commission shall seek public com- ment on opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applica- ble consumer product safety rule, ban, standard, or regulation. The request for pub- lic comment shall include the following: (i) The extent to which the use of mate- rials subject to regulations of another gov- ernment agency that requires third party testing of those materials may provide suf- ficient assurance of conformity with an applicable consumer product safety rule, ban, standard, or regulation without fur- ther 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 substan- tially similar or identical in all material respects. (iii) The extent to which products with a substantial number of different compo- nents subject to third party testing may be evaluated to show compliance with an applicable rule, ban, standard, or regula- tion 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 sam- pling procedures that reduce the overall test burden without compromising the benefits of third party testing. (v) The extent to which evidence of con- formity with other national or inter- national governmental standards may pro- vide 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 ap- proved 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 require- ment. (vii) Other techniques for lowering the cost of third party testing consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations. (B) Regulations Following the public comment period de- scribed in subparagraph (A), but not later than 1 year after August 12, 2011, the Com- mission shall review the public comments and may prescribe new or revised third party testing regulations if it determines that such regulations will reduce third party testing costs consistent with assuring com- pliance with the applicable consumer prod- uct safety rules, bans, standards, and regula- tions. (C) Report If the Commission determines that it lacks authority to implement an opportunity for reducing the costs of third-party testing consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations, it shall transmit a report to Congress review- ing those opportunities, along with any rec- ommendations for any legislation to permit such implementation. (4) Special rules for small batch manufacturers (A) Special consideration; exemption (i) Consideration; alternative requirements Subject to subparagraph (C), in imple- menting third party testing requirements Page 1738 TITLE 15—COMMERCE AND TRADE § 2063 under this section, the Commission shall take into consideration any economic, ad- ministrative, or other limits on the ability of small batch manufacturers to comply with such requirements and shall, after no- tice and a hearing, provide alternative testing requirements for covered products manufactured by small batch manufactur- ers in lieu of those required under sub- section (a) or (b). Any such alternative re- quirements shall provide for reasonable methods to assure compliance with any applicable consumer product safety rule, ban, standard, or regulation. The Commis- sion may allow such alternative testing re- quirements for small batch manufacturers with respect to a specific product or prod- uct class or with respect to a specific safe- ty rule, ban, standard, or regulation, or portion thereof. (ii) Exemption If the Commission determines that no al- ternative testing requirement is available or economically practicable, it shall ex- empt small batch manufacturers from third party testing requirements under subsections (a) and (b). (iii) Certification In lieu of or as part of any alternative testing requirements provided under clause (i), the Commission may allow cer- tification of a product to an applicable consumer product safety rule, ban, stand- ard, or regulation, or portion thereof, based on documentation that the product complies with another national or inter- national governmental standard or safety requirement that the Commission deter- mines is the same or more stringent than the consumer product safety rule, ban, standard, or regulation, or portion thereof. Any such certification shall only be al- lowed to the extent of the equivalency with a consumer product safety rule, ban, standard, or regulation and not to any other part of the consumer product safety rule, ban, standard, or regulation. (iv) Restriction Except as provided in subparagraph (C), and except where the Commission deter- mines that the manufacturer does not meet the definition of a small batch manu- facturer, for any small batch manufac- turer registered pursuant to subparagraph (B), the Commission may not require third party testing of a covered product by a third party conformity assessment body until the Commission has provided either an alternative testing requirement or an exemption in accordance with clause (i) or (ii), respectively. (B) Registration Any small batch manufacturer that uti- lizes alternative requirements or an exemp- tion under this paragraph shall register with the Commission prior to using such alter- native requirements or exemptions pursuant to any guidelines issued by the Commission to carry out this requirement. (C) Limitation The Commission shall not provide or per- mit to continue in effect any alternative re- quirements or exemption from third party testing requirements under this paragraph where it determines, based on notice and a hearing, that full compliance with sub- section (a) or (b) is reasonably necessary to protect public health or safety. The Commis- sion shall not provide any alternative re- quirements or exemption for— (i) any of the third party testing require- ments 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 Nothing in this paragraph shall be con- strued to affect third party testing or any other requirements with respect to a subse- quent manufacturer or other entity that uses components provided by one or more small batch manufacturers. (E) Definitions For purposes of this paragraph— (i) the term ‘‘covered product’’ means a consumer product manufactured by a small batch manufacturer where no more than 7,500 units of the same product were manufactured in the previous calendar year; and (ii) the term ‘‘small batch manufac- turer’’ 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 ad- justed 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 prod- ucts of a manufacturer under this subpara- graph, such total gross revenue shall be con- sidered to include all gross revenue from all sales of all consumer products of each entity that controls, is controlled by, or is under common control with such manufacturer. The Commission shall take steps to ensure that all relevant business affiliations are considered in determining whether or not a manufacturer meets this definition. (5) Exclusion from third party testing (A) Certain printed materials (i) In general The third party testing requirements es- tablished under subsection (a) shall not apply to ordinary books or ordinary paper- based printed materials. (ii) Definitions (I) Ordinary book The term ‘‘ordinary book’’ means a book printed on paper or cardboard, printed with inks or toners, and bound and finished using a conventional meth- od, and that is intended to be read or has Page 1739 TITLE 15—COMMERCE AND TRADE § 2063 educational value. Such term does not include books with inherent play value, books designed or intended for a child 3 years of age or younger, and does not in- clude any toy or other article that is not a book that is sold or packaged with an ordinary book. (II) Ordinary paper-based printed mate- rials The term ‘‘ordinary paper-based print- ed materials’’ means materials printed on paper or cardboard, such as maga- zines, posters, greeting cards, and simi- lar products, that are printed with inks or toners and bound and finished using a conventional method. (III) Exclusions Such terms do not include books or printed materials that contain compo- nents that are printed on material other than paper or cardboard or contain nonpaper-based components such as metal or plastic parts or accessories that are not part of the binding and finishing materials used in a conventional meth- od. (B) Metal component parts of bicycles The third party testing requirements es- tablished under subsection (a) shall not apply to metal component parts of bicycles with respect to compliance with the lead content limits in place pursuant to section 1278a(b)(6) of this title. (e) Withdrawal of accreditation (1) In general The Commission may withdraw its accredi- tation or its acceptance of the accreditation of a third party conformity assessment body ac- credited under this section if the Commission finds, after notice and investigation, that— (A) a manufacturer, private labeler, or governmental entity has exerted undue in- fluence on such conformity assessment body or otherwise interfered with or compromised the integrity of the testing process with re- spect to the certification of a children’s product under this section; or (B) such conformity assessment body failed to comply with an applicable protocol, standard, or requirement established by the Commission under subsection (d). (2) Procedure In any proceeding to withdraw the accredi- tation of a conformity assessment body, the Commission— (A) shall consider the gravity of the con- formity assessment body’s action or failure to act, including— (i) whether the action or failure to act resulted in injury, death, or the risk of in- jury or death; (ii) whether the action or failure to act constitutes an isolated incident or rep- resents 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 ac- creditation of the conformity assessment body on a permanent or temporary basis; and (ii) establish requirements for reaccredi- tation of the conformity assessment body. (3) Failure to cooperate The Commission may suspend the accredita- tion of a conformity assessment body if it fails to cooperate with the Commission in an inves- tigation under this section. (f) Definitions In this section: (1) Children’s product safety rule The term ‘‘children’s product safety rule’’ means a consumer product safety rule under this chapter or similar rule, regulation, stand- ard, or ban under any other Act enforced by the Commission, including a rule declaring a consumer product to be a banned hazardous product or substance. (2) Third party conformity assessment body (A) In general The term ‘‘third party conformity assess- ment body’’ means a conformity assessment body that, except as provided in subpara- graph (D), is not owned, managed, or con- trolled by the manufacturer or private label- er of a product assessed by such conformity assessment body. (B) Governmental participation Such term may include an entity that is owned or controlled in whole or in part by a government if— (i) to the extent practicable, manufac- turers 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 na- tion; (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 fa- vorable 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 ac- corded no greater weight by other govern- mental authorities than those of other third party conformity assessment bodies accredited under this section; and (v) the entity does not exercise undue in- fluence over other governmental authori- ties on matters affecting its operations or on decisions by other governmental au- thorities controlling distribution of prod- ucts based on outcomes of the entity’s con- formity assessments. (C) Testing and certification of art materials and products A certifying organization (as defined in ap- pendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations (or any suc- Page 1740 TITLE 15—COMMERCE AND TRADE § 2063 cessor regulation or ruling)) meets the re- quirements of subparagraph (A) with respect to the certification of art material and art products required under this section or by regulations prescribed under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.). (D) Firewalled conformity assessment bodies Upon request, the Commission may ac- credit a conformity assessment body that is owned, managed, or controlled by a manu- facturer or private labeler as a third party conformity assessment body if the Commis- sion by order finds that— (i) accreditation of the conformity as- sessment 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 imme- diately of any attempt by the manufac- turer, 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 as- sessment body Every certificate required under this section shall identify the manufacturer or private la- beler issuing the certificate and any third party conformity assessment body on whose testing the certificate depends. The certificate shall include, at a minimum, the date and place of manufacture, the date and place where the product was tested, each party’s name, full mailing address, telephone number, and contact information for the individual re- sponsible for maintaining records of test re- sults. (2) English language Every certificate required under this section shall be legible and all content required by this section shall be in the English language. A certificate may also contain the same con- tent in any other language. (3) Availability of certificates Every certificate required under this section shall accompany the applicable product or shipment of products covered by the same cer- tificate and a copy of the certificate shall be furnished to each distributor or retailer of the product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy of the certificate to the Com- mission. (4) Electronic filing of certificates for imported products In consultation with the Commissioner of U.S. Customs and Border Protection, the Com- mission may, by rule, provide for the elec- tronic filing of certificates under this section up to 24 hours before arrival of an imported product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy to the Commission and to the Commissioner of U.S. Customs and Border Protection. (h) Rule of construction Compliance of any children’s product with third party testing and certification or general conformity certification requirements under this section shall not be construed to exempt such children’s product from any requirement that such product actually be in conformity with all applicable rules, regulation, standards, or ban under any Act enforced by the Commis- sion. (i) Requirement for advertisements No advertisement for a consumer product or label or packaging of such product may contain a reference to a consumer product safety rule or a voluntary consumer product safety standard unless such product conforms with the applica- ble safety requirements of such rule or standard. (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.) Editorial Notes REFERENCES IN TEXT The Federal Hazardous Substances Act, referred to in subsec. (f)(2)(C), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1261 of this title and Tables. AMENDMENTS 2011—Subsec. (a)(5). Pub. L. 112–28, § 6, designated ex- isting provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B). Subsec. (d). Pub. L. 112–28, § 10(a), redesignated sub- sec. (d), relating to requirement for advertisements, as (i). Subsec. (d)(2)(B)(ii). Pub. L. 112–28, § 2(a)(1), sub- stituted ‘‘representative’’ for ‘‘random’’. Subsec. (d)(3) to (5). Pub. L. 112–28, § 2(a)(2), added pars. (3) to (5). Subsec. (i). Pub. L. 112–28, § 10(a), redesignated subsec. (d), relating to requirement for advertisements, as (i). 2008—Subsec. (a)(1). Pub. L. 110–314, § 102(a)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Every manufacturer of a product which is subject to a consumer product safety standard under this chapter and which is distributed in com- merce (and the private labeler of such product if it bears a private label) shall issue a certificate which shall certify that such product conforms to all applica- ble consumer product safety standards, and shall speci- fy any standard which is applicable. Such certificate shall accompany the product or shall otherwise be fur- nished to any distributor or retailer to whom the prod- uct is delivered. Any certificate under this subsection shall be based on a test of each product or upon a rea- sonable testing program; shall state the name of the manufacturer or private labeler issuing the certificate; and shall include the date and place of manufacture.’’ Page 1741 TITLE 15—COMMERCE AND TRADE § 2064 1 See References in Text note below. Subsec. (a)(2), (3). Pub. L. 110–314, § 102(a)(2), which di- rected amendment of par. (2) of this section by adding pars. (2) and (3), was executed by adding pars. (2) and (3) to subsec. (a) of this section, to reflect the probable in- tent of Congress. Former par. (2) redesignated (4). Subsec. (a)(4). Pub. L. 110–314, § 102(a)(3), substituted ‘‘required under paragraph (1), (2), or (3)’’ for ‘‘required by paragraph (1) of this subsection’’ and ‘‘requirement under paragraph (1), (2), or (3)’’ for ‘‘requirement under paragraph (1)’’. Pub. L. 110–314, § 102(a)(2), which directed amendment of par. (2) of this section by redesignating par. (2) as (4), was executed to subsec. (a) of this section, to reflect the probable intent of Congress. Subsec. (a)(5). Pub. L. 110–314, § 103(a), added par. (5). Subsec. (b). Pub. L. 110–314, § 102(d), substituted ‘‘any product which is subject to a consumer product safety rule under this chapter, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission,’’ for ‘‘consumer products which are sub- ject to consumer product safety standards under this chapter’’ and ‘‘, unless the Commission, by rule, re- quires testing by an independent third party for a par- ticular rule, regulation, standard, or ban, or for a par- ticular class of products.’’ for ‘‘or testing programs.’’ Subsec. (c)(2) to (4). Pub. L. 110–314, § 103(b), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (d). Pub. L. 110–314, § 103(c), added subsec (d) relating to requirement for advertisements. Pub. L. 110–314, § 102(b), added subsec. (d) relating to additional regulations for third party testing. Subsecs. (e) to (h). Pub. L. 110–314, § 102(b), added sub- secs. (e) to (h). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in two places in subsec. (g)(4) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under sec- tion 211 of Title 6, Domestic Security. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–314, title I, § 102(a)(1)(B), Aug. 14, 2008, 122 Stat. 3022, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take ef- fect 90 days after the date of enactment of this Act [Aug. 14, 2008].’’ Amendment by section 103(c) of Pub. L. 110–314 effec- tive on the date that is 60 days after Aug. 14, 2008, see section 239(a) of Pub. L. 110–314, set out as a note under section 2051 of this title. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. CPSC CONSIDERATION OF EXISTING REQUIREMENTS Pub. L. 110–314, title I, § 102(c), Aug. 14, 2008, 122 Stat. 3027, provided that: ‘‘In establishing standards for ac- creditation of a third party conformity assessment body under section 14(a)(3) of the Consumer Product Safety Act [15 U.S.C. 2063(a)(3)], as added by subsection (a), the [Consumer Product Safety] Commission may consider standards and protocols for accreditation of such conformity assessment bodies by independent ac- creditation organizations that are in effect on the date of enactment of this Act [Aug. 14, 2008], but shall en- sure that the protocols, standards, and requirements prescribed under such section 14(a)(3) incorporate, as the standard for accreditation, the most current sci- entific and technological standards and techniques available.’’ § 2064. Substantial product hazards (a) ‘‘Substantial product hazard’’ defined For purposes of this section, the term ‘‘sub- stantial product hazard’’ means— (1) a failure to comply with an applicable consumer product safety rule under this chap- ter or a similar rule, regulation, standard, or ban under any other Act enforced by the Com- mission which creates a substantial risk of in- jury to the public, or (2) a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the sever- ity of the risk, or otherwise) creates a sub- stantial risk of injury to the public. (b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailer Every manufacturer of a consumer product, or other product or substance over which the Com- mission has jurisdiction under any other Act en- forced by the Commission (other than motor ve- hicle equipment as defined in section 30102(a)(7) of title 49 1), distributed in commerce, and every distributor and retailer of such product, who ob- tains information which reasonably supports the conclusion that such product— (1) fails to comply with an applicable con- sumer 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, regu- lation, 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 sub- section (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 Commis- sion has been adequately informed of such de- fect, failure to comply, or such risk. A report provided under paragraph (2) may not be used as the basis for criminal prosecution of the report- ing 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 no- tice (1) If the Commission determines (after afford- ing 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 im- minently hazardous consumer product and has filed an action under section 2061 of this title,