15 U.S.C. § 2055a — Publicly available consumer product

Page 1711 TITLE 15—COMMERCE AND TRADE § 2055a 552(b)(4) of title 5, shall be considered confidential and shall not be disclosed’’ for ‘‘title 18 shall be considered confidential and shall not be disclosed, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. Nothing in this chapter shall authorize the withholding of information by the Commission or any officer or em- ployee under its control from the duly authorized com- mittees of the Congress’’. Subsec. (a)(3) to (8). Pub. L. 97–35 added pars. (3) to (8). Subsec. (b)(1). Pub. L. 97–35 amended par. (1) gen- erally, substituting ‘‘notice and publishes such a find- ing in the Federal Register),’’ for ‘‘notice),’’, and ‘‘In disclosing any information under this subsection, the Commission may, and upon the request of the manufac- turer or private labeler shall, include with the disclo- sure any comments or other information or a summary thereof submitted by such manufacturer or private la- beler to the extent permitted by and subject to the re- quirements of this section’’ for ‘‘If the Commission finds that, in the administration of this chapter, it has made public disclosure of inaccurate or misleading in- formation which reflects adversely upon the safety of any consumer product, or the practices of any manu- facturer, private labeler, distributor, or retailer of con- sumer products, it shall, in a manner similar to that in which such disclosure was made, publish a retraction of such inaccurate or misleading information’’. Subsec. (b)(2) to (4). Pub. L. 97–35 added pars. (2) and (3), redesignated former par. (2) as (4) and substituted ‘‘Paragraphs (1) through (3) of this subsection’’ for ‘‘Paragraph (1) (except for the last sentence thereof)’’ and ‘‘a rulemaking proceeding (which shall commence upon the publication of an advance notice of proposed rulemaking or a notice of proposed rulemaking), an ad- judicatory proceeding (which shall commence upon the issuance of a complaint) or other administrative or ju- dicial proceeding under this chapter’’ for ‘‘any adminis- trative or judicial proceeding under this chapter’’. Subsec. (b)(5) to (8). Pub. L. 97–35 added pars. (5) to (8). Subsecs. (c), (d). Pub. L. 97–35 reenacted subsec. (c) without change and added subsec. (d). 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. CONFIDENTIALITY PROTECTIONS FOR INFORMATION REPORTED ON INCIDENTS OF CHILDREN CHOKING For purposes of subsection (b)(5) of this section, infor- mation reported to Consumer Product Safety Commis- sion on incidents of children choking on a marble, small ball, latex balloon, or other small part contained in a toy or game, to be treated as information sub- mitted pursuant to section 2064(b) of this title, see sec- tion 102 of Pub. L. 103–267, set out as a Reporting Re- quirements note under section 2064 of this title. § 2055a. Publicly available consumer product safety information database (a) Database required (1) In general Subject to the availability of appropriations, the Commission shall, in accordance with the requirements of this section, establish and maintain a database on the safety of consumer products, and other products or substances regulated by the Commission, that is— (A) publicly available; (B) searchable; and (C) accessible through the Internet website of the Commission. (2) Submission of detailed implementation plan to Congress Not later than 180 days after August 14, 2008, the Commission shall transmit to the appro- priate Congressional committees a detailed plan for establishing and maintaining the database required by paragraph (1), including plans for the operation, content, maintenance, and functionality of the database. The plan shall detail the integration of the database into the Commission’s overall information technology improvement objectives and plans. The plan submitted under this subsection shall include a detailed implementation sched- ule for the database, and plans for a public awareness campaign to be conducted by the Commission to increase consumer awareness of the database. (3) Date of initial availability Not later than 18 months after the date on which the Commission submits the plan re- quired by paragraph (2), the Commission shall establish the database required by paragraph (1). (b) Content and organization (1) Contents Except as provided in subsection (c)(4), the database shall include the following: (A) Reports of harm relating to the use of consumer products, and other products or substances regulated by the Commission, that are received by the Commission from— (i) consumers; (ii) local, State, or Federal government agencies; (iii) health care professionals; (iv) child service providers; and (v) public safety entities. (B) Information derived by the Commis- sion 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 Commis- sion has notified the public. (C) The comments received by the Com- mission under subsection (c)(2)(A) to the ex- tent requested under subsection (c)(2)(B). (2) Submission of information In implementing the database, the Commis- sion 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 de- scribed in paragraph (1)(A) submitted for in- clusion in such database include, at a min- imum— (i) a description of the consumer product (or other product or substance regulated by the Commission) concerned; Page 1712 TITLE 15—COMMERCE AND TRADE § 2055a (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 submit- ting the information that the information submitted is true and accurate to the best of the person’s knowledge and that the person consents that such information be included in the database. (3) Additional information In addition to the reports received under paragraph (1), the Commission shall include in the database, consistent with the require- ments of section 2055(a) and (b) of this title, any additional information it determines to be in the public interest. (4) Organization of database The Commission shall categorize the infor- mation 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 sub- mitted for inclusion in the database; (B) the name of the consumer product (or other product or substance regulated by the Commission); (C) the model name; (D) the manufacturer’s or private labeler’s name; and (E) such other elements as the Commission considers in the public interest. (5) Notice requirements The Commission shall provide clear and con- spicuous notice to users of the database that the Commission does not guarantee the accu- racy, completeness, or adequacy of the con- tents of the database. (6) Availability of contact information The Commission may not disclose, under this section, the name, address, or other con- tact information of any individual or entity that submits to the Commission a report de- scribed in paragraph (1)(A), except that the Commission may provide such information to the manufacturer or private labeler of the product with the express written consent of the person submitting the information. Con- sumer information provided to a manufacturer or private labeler under this section may not be used or disseminated to any other party for any purpose other than verifying a report sub- mitted under paragraph (1)(A). (c) Procedural requirements (1) Transmission of reports to manufacturers and private labelers Not later than 5 business days after the Commission receives a report described in sub- section (b)(1)(A) which includes the informa- tion required by subsection (b)(2)(B), the Com- mission shall to the extent practicable trans- mit the report, subject to subsection (b)(6), to the manufacturer or private labeler identified in the report. (2) Opportunity to comment (A) In general If the Commission transmits a report under paragraph (1) to a manufacturer or private labeler, the Commission shall pro- vide such manufacturer or private labeler an opportunity to submit comments to the Commission on the information contained in such report. (B) Request for inclusion in database A manufacturer or private labeler may re- quest the Commission to include its com- ments in the database. (C) Confidential matter (i) In general If the Commission transmits a report re- ceived under paragraph (1) to a manufac- turer or private labeler, the manufacturer or private labeler may review the report for confidential information and request that portions of the report identified as confidential be so designated. (ii) Redaction If the Commission determines that the designated information contains, or re- lates to, a trade secret or other matter re- ferred to in section 1905 of title 18, or that is subject to section 552(b)(4) of title 5, the Commission shall redact the designated in- formation in the report before it is placed in the database. (iii) Review If the Commission determines that the designated information is not confidential under clause (ii), the Commission shall no- tify the manufacturer or private labeler and include the information in the data- base. The manufacturer or private labeler may bring an action in the district court of the United States in the district in which the complainant resides, or has its principal place of business, or in the United States District Court for the Dis- trict of Columbia, to seek removal of the information from the database. (3) Publication of reports and comments (A) Reports Except as provided in paragraph (4)(A) or paragraph (5), if the Commission receives a report described in subsection (b)(1)(A), the Commission shall make the report available in the database not later than the 10th busi- ness day after the date on which the Com- mission transmits the report under para- graph (1) of this subsection. (B) Comments Except as provided in paragraph (4)(A), if the Commission receives a comment under paragraph (2)(A) with respect to a report de- Page 1713 TITLE 15—COMMERCE AND TRADE § 2055a scribed in subsection (b)(1)(A) and a request with respect to such comment under para- graph (2)(B) of this subsection, the Commis- sion shall make such comment available in the database at the same time as such report or as soon as practicable thereafter. (4) Inaccurate information (A) Inaccurate information in reports and comments received If, prior to making a report described in subsection (b)(1)(A) or a comment described in paragraph (2) of this subsection available in the database, the Commission receives no- tice that the information in such report or comment is materially inaccurate, the Com- mission shall stay the publication of the re- port on the database as required under para- graph (3) for a period of no more than 5 addi- tional days. If the Commission determines that the information in such report or com- ment is materially inaccurate, the Commis- sion shall— (i) decline to add the materially inac- curate information to the database; (ii) correct the materially inaccurate in- formation in the report or comment and add the report or comment to the data- base; or (iii) add information to correct inac- curate information in the database. (B) Inaccurate information in database If the Commission determines, after inves- tigation, that information previously made available in the database is materially inac- curate or duplicative of information in the database, the Commission shall, not later than 7 business days after such determina- tion— (i) remove such information from the database; (ii) correct such information; or (iii) add information to correct inac- curate information in the database. (5) Obtaining certain product identification in- formation (A) In general If the Commission receives a report de- scribed in subsection (b)(1)(A) that does not include the model or serial number of the consumer product concerned, the Commis- sion shall seek from the individual or entity submitting the report such model or serial number or, if such model or serial number is not available, a photograph of the product. If the Commission obtains information relat- ing to the serial or model number of the product or a photograph of the product, it shall immediately forward such information to the manufacturer of the product. The Commission shall make the report available in the database on the 15th business day after the date on which the Commission transmits the report under paragraph (1) and shall include in the database any additional information about the product obtained under this paragraph. (B) Rule of construction Nothing in this paragraph shall be con- strued to— (i) permit the Commission to delay transmission of the report under para- graph (1) until the Commission has ob- tained the model or serial number or a photograph of the consumer product con- cerned; or (ii) make inclusion in the database of a report described in subsection (b)(1)(A) contingent on the availability of the model or serial number or a photograph of the consumer product concerned. (d) Annual report The Commission shall submit to the appro- priate Congressional committees an annual re- port on the database, including— (1) the operation, content, maintenance, functionality, and cost of the database for the reporting year; and (2) the number of reports and comments for the year— (A) received by the Commission under this section; (B) posted on the database; and (C) corrected on or removed from the data- base. (e) GAO study Within 2 years after the date on which the Commission establishes the database under this section, the Comptroller General shall submit a report to the appropriate Congressional commit- tees 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 wheth- er 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 in- crease use of the database by consumers and to ensure use by a broad range of the public. (f) Application of certain notice and disclosure requirements (1) In general The provisions of section 2055(a) and (b) of this title shall not apply to the disclosure under this section of a report described in sub- section (b)(1)(A) of this section. (2) Construction Paragraph (1) shall not be construed to ex- empt 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 re- porting program established between a re- tailer, manufacturer, or private labeler and the Commission. (g) Harm defined In this section, the term ‘‘harm’’ means— (1) injury, illness, or death; or (2) risk of injury, illness, or death, as deter- mined by the Commission. (Pub. L. 92–573, § 6A, as added Pub. L. 110–314, title II, § 212(a), Aug. 14, 2008, 122 Stat. 3048; Page 1714 TITLE 15—COMMERCE AND TRADE § 2056 amended Pub. L. 112–28, § 7, Aug. 12, 2011, 125 Stat. 281.) Editorial Notes AMENDMENTS 2011—Subsec. (c)(3)(A). Pub. L. 112–28, § 7(1), inserted ‘‘or paragraph (5)’’ after ‘‘paragraph (4)(A)’’. Subsec. (c)(4)(A). Pub. L. 112–28, § 7(2), substituted ‘‘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 ma- terially inaccurate, the Commission shall—’’ for ‘‘de- termines that the information in such report or com- ment is materially inaccurate, the Commission shall— ’’ in introductory provisions. Subsec. (c)(5). Pub. L. 112–28, § 7(3), added par. (5). § 2056. Consumer product safety standards (a) Types of requirements The Commission may promulgate consumer product safety standards in accordance with the provisions of section 2058 of this title. A con- sumer product safety standard shall consist of one or more of any of the following types of re- quirements: (1) Requirements expressed in terms of per- formance requirements. (2) Requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions, or require- ments respecting the form of warnings or in- structions. Any requirement of such a standard shall be rea- sonably necessary to prevent or reduce an un- reasonable 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 stand- ards— (A) upon which the Commission has relied under paragraph (1); (B) which were developed with the participa- tion of the Commission; or (C) whose development the Commission has monitored. (c) Contribution of Commission to development cost If any person participates with the Commis- sion in the development of a consumer product safety standard, the Commission may agree to contribute to the person’s cost with respect to such participation, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory stand- ard than would be developed without such con- tribution, and that the person is financially re- sponsible. Regulations of the Commission shall set forth the items of cost in which it may par- ticipate, and shall exclude any contribution to the acquisition of land or buildings. Payments under agreements entered into under this sub- section may be made without regard to section 3324(a) and (b) of title 31. (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.) Editorial Notes CODIFICATION In subsec. (c), ‘‘section 3324(a) and (b) of title 31’’ sub- stituted for ‘‘section 3648 of the Revised Statutes of the United States (31 U.S.C. 529)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. AMENDMENTS 1990—Subsec. (b). Pub. L. 101–608 designated existing provisions as par. (1) and added par. (2). 1981—Subsec. (a). Pub. L. 97–35 amended subsec. (a) generally, and in the requirements for consumer prod- uct safety standards, struck out reference to composi- tion, contents, design, construction, finish, or pack- aging of consumer products, and struck out provision that the requirements of the standards other than re- quirements relating to labeling, warnings, or instruc- tions, shall, whenever, feasible, be expressed in terms of performance requirements. Subsec. (b). Pub. L. 97–35 amended subsec. (b) gen- erally, substituting provisions relating to the reliance by the Commission upon voluntary standards for provi- sions prescribing procedure for development of con- sumer product safety standards. Subsec. (c). Pub. L. 97–35 amended subsec. (c) gen- erally, substituting provisions relating to contribution by the Commission to the development cost of con- sumer safety standards for provisions relating to publi- cation of proposed safety rules developed from existing standards. Subsec. (d). Pub. L. 97–35 struck out subsec. (d) which related to the acceptance of offers to develop proposed standards and the Commission’s contribution to devel- opment costs. Subsec. (e). Pub. L. 97–35 struck out subsec. (e) which related to development of proposed safety rules by the Commission. Subsec. (f). Pub. L. 97–35 struck out subsec. (f) which provided for termination of rule-making proceedings and a statement relating to the reasons therefor. 1978—Subsec. (b). Pub. L. 95–631, § 3, designated exist- ing provision as par. (1), and in par. (1) as so redesig- nated, redesignated pars. (1) to (4) as subpars. (A) and (D), in subpar. (D) as so redesignated, inserted provi- sion including as a means of commencing a proceeding, a publication in the Federal Register of a statement that the Commission intends to develop the proposed consumer product safety standard, added subpar. (E), struck out provision that the period specified within which the offeror of an accepted offer develops the pro- posed standard be a period ending 150 days after the date the offer was accepted unless the Commission for good cause found, and included such finding in the no- tice that a different period was appropriate, and added par. (2). Subsec. (c). Pub. L. 95–631, § 5, amended subsec. (c) generally, inserting provisions relating to subsec. (b)(1)(D) and striking out provisions for publication of a proposed consumer product safety rule, in lieu of ac- ceptance of an offer under subsec. (d), where a standard