15 U.S.C. § 2065 — Inspection and recordkeeping

Page 1745 TITLE 15—COMMERCE AND TRADE § 2065 Pub. L. 97–414, § 9(j)(3), substituted ‘‘2061(d)(1)’’ for ‘‘section 2061(c)(1)’’. 1981—Subsec. (g)(1). Pub. L. 97–35, § 1211(h)(4), sub- stituted ‘‘section 2061(c)(1)’’ for ‘‘section 2061(e)(1)’’. Pub. 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 Pub. L. 97–414, § 9(m), so as to strike out such directory language. 1976—Subsec. (d). Pub. 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 ap- plies from manufacturing for sale, offering for sale, dis- tributing in commerce, or importing into the customs territory of the United States, the product for which the order was issued. Subsec. (g). Pub. 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 Pub. L. 110–314 ef- fective 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 OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. 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 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. REPORTING REQUIREMENTS Pub. L. 103–267, title I, § 102, June 16, 1994, 108 Stat. 726, provided that: ‘‘(a) REPORTS TO CONSUMER PRODUCT SAFETY COMMIS- SION.— ‘‘(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 (re- gardless 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 profes- sional. ‘‘(2) TREATMENT UNDER CPSA.—For purposes of sec- tion 19(a)(3) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the requirement to report informa- tion under this subsection is deemed to be a require- ment under such Act [15 U.S.C. 2051 et seq.]. ‘‘(3) EFFECT ON LIABILITY.—A report by a manufac- turer, distributor, retailer, or importer under para- graph (1) shall not be interpreted, for any purpose, as an admission of liability or of the truth of the infor- mation contained in the report. ‘‘(b) CONFIDENTIALITY PROTECTIONS.—The confiden- tiality protections of section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) apply to any in- formation reported to the Commission under sub- section (a) of this section. For purposes of section 6(b)(5) of such Act, information so reported shall be treated as information submitted pursuant to section 15(b) of such Act [15 U.S.C. 2064(b)] respecting a con- sumer product.’’ § 2065. Inspection and recordkeeping (a) Inspection For purposes of implementing this chapter, or rules or orders prescribed under this chapter, of- ficers or employees duly designated by the Com- mission, upon presenting appropriate creden- tials 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 fac- tory, warehouse, or establishment in which consumer products are manufactured or held, in connection with distribution in commerce, (B) any firewalled conformity assessment bod- ies 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 rea- sonable promptness. (b) Recordkeeping Every person who is a manufacturer, private labeler, or distributor of a consumer product shall establish and maintain such records, make such reports, and provide such information as the Commission may, by rule, reasonably re- quire for the purposes of implementing this chapter, or to determine compliance with rules or orders prescribed under this chapter. Upon re- quest of an officer or employee duly designated by the Commission, every such manufacturer, private labeler, or distributor shall permit the inspection of appropriate books, records, and pa- pers relevant to determining whether such man- ufacturer, private labeler, or distributor has acted or is acting in compliance with this chap- ter and rules under this chapter. (c) Identification of manufacturers, importers, retailers, and distributors Upon 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 sub- stance over which the Commission has juris- diction under this chapter or any other Act) shall identify the manufacturer of that prod- uct by name, address, or such other identi- fying information as the officer or employee may request, to the extent that such informa- tion 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 infor- mation as the officer or employee may re- quest— (A) each retailer or distributor to which the manufacturer directly supplied a given Page 1746 TITLE 15—COMMERCE AND TRADE § 2066 consumer product (or other product or sub- stance over which the Commission has juris- diction under this chapter or any other Act); (B) each subcontractor involved in the pro- duction or fabrication of such product or substance; and (C) each subcontractor from which the manufacturer obtained a component thereof. (d) Manufacturer’s compliance The Commission shall, by rule, condition the manufacturing for sale, offering for sale, dis- tribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer’s compliance with the inspection and recordkeeping requirements of this chapter and the Commission’s rules with respect to such requirements. (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.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–314, § 215(c)(1), inserted subsec. heading. Subsec. (a)(1). Pub. L. 110–314, § 215(a)(1), substituted ‘‘(B) any firewalled conformity assessment bodies ac- credited under section 2063(f)(2)(D) of this title, or (C)’’ for ‘‘or (B)’’. Subsec. (a)(2). Pub. L. 110–314, § 215(a)(2), inserted ‘‘firewalled conformity assessment body,’’ after ‘‘fac- tory,’’. Subsec. (b). Pub. L. 110–314, § 215(c)(2), inserted subsec. heading. Subsec. (c). Pub. L. 110–314, § 215(b), added subsec. (c). Subsec. (d). Pub. L. 110–314, § 223(c)(2), added subsec. (d). Statutory Notes and Related Subsidiaries 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. § 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 re- fused admission into such customs territory if such product— (1) fails to comply with an applicable con- sumer product safety rule; (2) is not accompanied by a certificate re- quired by this chapter or any other Act en- forced 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 immi- nently hazardous consumer product in a pro- ceeding brought under section 2061 of this title; (4) has a product defect which constitutes a substantial product hazard (within the mean- ing 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 The Secretary of the Treasury shall obtain without charge and deliver to the Commission, upon the latter’s request, a reasonable number of samples of consumer products being offered for import. Except for those owners or con- signees who are or have been afforded an oppor- tunity for a hearing in a proceeding under sec- tion 2061 of this title with respect to an immi- nently hazardous product, the owner or con- signee of the product shall be afforded an oppor- tunity by the Commission for a hearing in ac- cordance with section 554 of title 5 with respect to the importation of such products into the customs territory of the United States. If it ap- pears from examination of such samples or oth- erwise that a product must be refused admission under the terms of subsection (a), such product shall be refused admission, unless subsection (c) of this section applies and is complied with. (c) Modification If it appears to the Commission that any con- sumer product which may be refused admission pursuant to subsection (a) of this section can be so modified that it need not (under the terms of paragraphs (1) through (4) of subsection (a)) be refused admission, the Commission may defer final determination as to the admission of such product and, in accordance with such regula- tions as the Commission and the Secretary of the Treasury shall jointly agree to, permit such product to be delivered from customs custody under bond for the purpose of permitting the owner or consignee an opportunity to so modify such product. (d) Supervision of modifications All actions taken by an owner or consignee to modify such product under subsection (c) shall be subject to the supervision of an officer or em- ployee of the Commission and of the Depart- ment of the Treasury. If it appears to the Com- mission that the product cannot be so modified or that the owner or consignee is not proceeding satisfactorily to modify such product, it shall be refused admission into the customs territory of the United States, and the Commission may di- rect the Secretary to demand redelivery of the product into customs custody, and to seize the product in accordance with section 2071(b) of this title if it is not so redelivered. (e) Product destruction Products refused admission into the customs territory of the United States shall be destroyed unless, upon application by the owner, con- signee, or importer of record, the Secretary of the Treasury permits the export of the product in lieu of destruction. If the owner, consignee, or importer of record does not export the product within 90 days of approval to export, such prod- uct shall be destroyed. (f) Payment of expenses occasioned by refusal of admission All expenses (including travel, per diem or subsistence, and salaries of officers or employees