15 U.S.C. § 2056a — Standards and consumer registration of

Page 1716 TITLE 15—COMMERCE AND TRADE § 2056a ‘‘(2)(A) Effective on and after January 1, 1993, all residential automatic garage door openers manufac- tured on and after such date for sale in the United States shall conform to any additional entrapment protection requirements of the American National Standards Institute Underwriters Laboratories, Inc. Standards for Safety—UL 325, third edition, which were issued after the date of the enactment of this Act [Nov. 16, 1990] to become effective on or before January 1, 1993. ‘‘(B) If, by June 1, 1992, the Underwriters Labora- tories, Inc., has not issued a revision to the May 4, 1988, Standards for Safety—UL 325, third edition, to require an entrapment protection feature or device in addition to that required by the May 4, 1988, Stand- ard, the Consumer Product Safety Commission shall begin a rulemaking proceeding, to be completed no later than October 31, 1992, to require an additional such feature or device on all automatic residential garage door openers manufactured on or after Janu- ary 1, 1993, for sale in the United States. If such a re- vision is issued by the Underwriters Laboratories, Inc. after the rulemaking has commenced, the rule- making shall be terminated and the revision shall be incorporated in the consumer product safety rule under subsection (a) unless the Commission has de- termined under subsection (c) that such revision does not carry out the purposes of subsection (b). ‘‘(c) REVISION OF RULE.—If, after June 1, 1992, or the date of a revision described in subsection (b)(2)(B) if later, the Underwriters Laboratories, Inc. proposes to further revise the entrapment protection requirements of the American National Standards Institute Under- writers Laboratories, Inc. Standards for Safety—UL 325, third edition, the Laboratories shall notify the Consumer Product Safety Commission of the proposed revision and the proposed revision shall be incor- porated in the consumer product safety rule under sub- section (a) unless, within 30 days of such notice, the Commission notifies the Laboratories that the Com- mission has determined that such revision does not carry out the purposes of subsection (b). ‘‘(d) LABELING.—On and after January 1, 1991, a manu- facturer selling or offering for sale in the United States an automatic residential garage door opener manufac- tured on or after January 1, 1991, shall clearly identify on any container of the system and on the system the month or week and year the system was manufactured and its conformance with the requirements of sub- section (b). The display of the UL logo or listing mark, and compliance with the date marking requirements of UL 325, on both the container and the system, shall sat- isfy the requirements of this subsection. ‘‘(e) NOTIFICATION.—Effective on and after July 1, 1991, all manufacturers of automatic residential garage door openers shall, in consultation with the Consumer Product Safety Commission, notify the public of the potential for entrapment by garage doors equipped with automatic garage door openers and advise the public to test their openers for the entrapment protection fea- ture or device required by subsection (b). ‘‘(f) PREEMPTION.—In applying section 26(a) of the Consumer Product Safety Act (15 U.S.C. 2075) [15 U.S.C. 2075(a)] with respect to the consumer product safety rule of the Consumer Product Safety Commission under subsection (a), only those provisions of laws of States or political subdivisions which relate to the labeling of automatic residential garage door openers and those provisions which do not provide at least the equivalent degree of protection from the risk of injury associated with automatic residential garage door openers as the consumer product safety rule provides shall be subject to such section. ‘‘(g) REGULATIONS.—Section 553 of title 5, United States Code, shall apply with respect to the issuance of any regulations by the Consumer Product Safety Com- mission to implement the requirements of this section and sections 7 and 9 of the Consumer Product Safety Act [15 U.S.C. 2056, 2058] do not apply to such issuance. Any additional or revised requirement issued by the Commission shall provide an adequate degree of protec- tion to the public. ‘‘(h) CONSTRUCTION.—Nothing in this section shall af- fect or modify in any way the obligations or liabilities of any person under the common law or any Federal or State law.’’ § 2056a. Standards and consumer registration of durable nursery products (a) Short title This section may be cited as the ‘‘Danny Keysar Child Product Safety Notification Act’’. (b) Safety standards (1) In general The Commission shall— (A) in consultation with representatives of consumer groups, juvenile product manufac- turers, and independent child product engi- neers and experts, examine and assess the ef- fectiveness of any voluntary consumer prod- uct safety standards for durable infant or toddler products; and (B) in accordance with section 553 of title 5, promulgate consumer product safety standards that— (i) are substantially the same as such voluntary standards; or (ii) are more stringent than such vol- untary standards, if the Commission deter- mines that more stringent standards would further reduce the risk of injury as- sociated with such products. (2) Timetable for rulemaking Not later than 1 year after August 14, 2008, the Commission shall commence the rule- making required under paragraph (1) and shall promulgate standards for no fewer than 2 cat- egories of durable infant or toddler products every 6 months thereafter, beginning with the product categories that the Commission deter- mines to be of highest priority, until the Com- mission has promulgated standards for all such product categories. Thereafter, the Com- mission shall periodically review and revise the standards set forth under this subsection to ensure that such standards provide the highest level of safety for such products that is feasible. (3) Judicial review Any person adversely affected by such stand- ards may file a petition for review under the procedures set forth in section 2060(g) of this title, as added by section 236 of this Act. (4) Process for considering subsequent revi- sions to voluntary standard (A) Notice of adoption of voluntary standard When the Commission promulgates a con- sumer product safety standard under this subsection that is based, in whole or in part, on a voluntary standard, the Commission shall notify the organization that issued the voluntary standard of the Commission’s ac- tion and shall provide a copy of the con- sumer product safety standard to the organi- zation. (B) Commission action on revised voluntary standard If an organization revises a standard that has been adopted, in whole or in part, as a Page 1717 TITLE 15—COMMERCE AND TRADE § 2056a consumer product safety standard under this subsection, it shall notify the Commission. The revised voluntary standard shall be con- sidered to be a consumer product safety standard issued by the Commission under section 2058 of this title, effective 180 days after the date on which the organization no- tifies the Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after receiv- ing that notice, the Commission notifies the organization that it has determined that the proposed revision does not improve the safe- ty of the consumer product covered by the standard and that the Commission is retain- ing the existing consumer product safety standard. (c) Cribs (1) In general It shall be a violation of section 2068(a)(1) of this title for any person to which this sub- section applies to manufacture, sell, contract to sell or resell, lease, sublet, offer, provide for use, or otherwise place in the stream of com- merce a crib that is not in compliance with a standard promulgated under subsection (b). (2) Persons to which subsection applies This subsection applies to any person that— (A) manufactures, distributes in com- merce, or contracts to sell cribs; (B) based on the person’s occupation, holds itself out as having knowledge or skill pecu- liar to cribs, including child care facilities and family child care homes; (C) is in the business of contracting to sell or resell, lease, sublet, or otherwise place cribs in the stream of commerce; or (D) owns or operates a place of public ac- commodation affecting commerce (as de- fined in section 2203 of this title applied without regard to the phrase ‘‘not owned by the Federal Government’’). (3) Application of any revision With respect to any revision of the standard promulgated under subsection (b)(1)(B) subse- quent to the initial promulgation of a stand- ard under such subsection, paragraph (1) shall apply only to a person that manufactures or imports cribs, unless the Commission deter- mines that application to any other person de- scribed in paragraph (2) is necessary to protect against an unreasonable risk to health or safe- ty. If the Commission determines that applica- tion to a person described in paragraph (2) is necessary, it shall provide not less than 12 months for such person to come into compli- ance. (4) Crib defined In this subsection, the term ‘‘crib’’ in- cludes— (A) new and used cribs; (B) full-sized or nonfull-sized cribs; and (C) portable cribs and crib-pens. (d) Consumer registration requirement (1) Rulemaking Notwithstanding any provision of chapter 6 of title 5 or the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), not later than 1 year after August 14, 2008, the Commission shall, pursuant to its authority under section 2065(b) of this title, promulgate a final con- sumer product safety rule to require each manufacturer of a durable infant or toddler product— (A) to provide consumers with a postage- paid consumer registration form with each such product; (B) to maintain a record of the names, ad- dresses, e-mail addresses, and other contact information of consumers who register their ownership of such products with the manu- facturer in order to improve the effective- ness of manufacturer campaigns to recall such products; and (C) to permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product. (2) Requirements for registration form The registration form required to be pro- vided to consumers under paragraph (1) shall— (A) include spaces for a consumer to pro- vide the consumer’s name, address, tele- phone number, and e-mail address; (B) include space sufficiently large to per- mit easy, legible recording of all desired in- formation; (C) be attached to the surface of each dura- ble infant or toddler product so that, as a practical matter, the consumer must notice and handle the form after purchasing the product; (D) include the manufacturer’s name, model name and number for the product, and the date of manufacture; (E) include a message explaining the pur- pose of the registration and designed to en- courage consumers to complete the registra- tion; (F) include an option for consumers to reg- ister through the Internet; and (G) include a statement that information provided by the consumer shall not be used for any purpose other than to facilitate a re- call of or safety alert regarding that prod- uct. In issuing regulations under this section, the Commission may prescribe the exact text and format of the required registration form. (3) Record keeping and notification require- ments The rules required under this section shall require each manufacturer of a durable infant or toddler product to maintain a record of reg- istrants for each product manufactured that includes all of the information provided by each consumer registered, and to use such in- formation to notify such consumers in the event of a voluntary or involuntary recall of or safety alert regarding such product. Each manufacturer shall maintain such a record for a period of not less than 6 years after the date of manufacture of the product. Consumer in- formation collected by a manufacturer under this Act may not be used by the manufacturer, nor disseminated by such manufacturer to any Page 1718 TITLE 15—COMMERCE AND TRADE § 2056b other party, for any purpose other than notifi- cation to such consumer in the event of a product recall or safety alert. (4) Study The Commission shall conduct a study at such time as it considers appropriate on the effectiveness of the consumer registration forms required by this section in facilitating product recalls and whether such registration forms should be required for other children’s products. Not later than 4 years after August 14, 2008, the Commission shall report its find- ings to the appropriate Congressional commit- tees. (e) Use of alternative recall notification tech- nology (1) Technology assessment and report The Commission shall— (A) beginning 2 years after a rule is pro- mulgated under subsection (d), regularly re- view recall notification technology and as- sess the effectiveness of such technology in facilitating recalls of durable infant or tod- dler products; and (B) not later than 3 years after August 14, 2008, and periodically thereafter as the Com- mission considers appropriate, transmit a report on such assessments to the appro- priate Congressional committees. (2) Determination If, based on the assessment required by para- graph (1), the Commission determines by rule that a recall notification technology is likely to be as effective or more effective in facili- tating recalls of durable infant or toddler products as the registration forms required by subsection (d), the Commission— (A) shall submit to the appropriate Con- gressional committees a report on such de- termination; and (B) shall permit a manufacturer of durable infant or toddler products to use such tech- nology in lieu of such registration forms to facilitate recalls of durable infant or toddler products. (f) Definition of durable infant or toddler prod- uct As used in this section, the term ‘‘durable in- fant or toddler product’’— (1) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (2) includes— (A) full-size cribs and nonfull-size cribs; (B) toddler beds; (C) high chairs, booster chairs, and hook- on chairs; (D) bath seats; (E) gates and other enclosures for con- fining a child; (F) play yards; (G) stationary activity centers; (H) infant carriers; (I) strollers; (J) walkers; (K) swings; and (L) bassinets and cradles. (Pub. L. 110–314, title I, § 104, Aug. 14, 2008, 122 Stat. 3028; Pub. L. 112–28, § 3, Aug. 12, 2011, 125 Stat. 279.) Editorial Notes REFERENCES IN TEXT Section 2060(g) of this title, as added by section 236 of this Act, referred to in subsec. (b)(3), is section 2060(g) of this title, as added by section 236 of Pub. L. 110–314. The Paperwork Reduction Act of 1980, referred to in subsec. (d)(1), is Pub. L. 96–511, Dec. 11, 1980, 94 Stat. 2812, which was classified principally to chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Docu- ments, prior to the general amendment of that chapter by Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under sec- tion 101 of Title 44 and Tables. This Act, referred to in subsec. (d)(3), is Pub. L. 110–314, Aug. 14, 2008, 122 Stat. 3016, known as the Con- sumer Product Safety Improvement Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under sec- tion 2051 of this title and Tables. CODIFICATION Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter. AMENDMENTS 2011—Subsec. (b)(4). Pub. L. 112–28, § 3(a), added par. (4). Subsec. (c)(3), (4). Pub. L. 112–28, § 3(b), added par. (3) and redesignated former par. (3) as (4). Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Commission’’ and ‘‘appropriate Congressional committees’’ used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2056b. Mandatory toy safety standards (a) In general Beginning 180 days after August 14, 2008, the provisions of ASTM International Standard F963–07 Consumer Safety Specifications for Toy Safety (ASTM F963), as it exists on August 14, 2008 (except for section 4.2 and Annex 4 or any provision that restates or incorporates an exist- ing mandatory standard or ban promulgated by the Commission or by statute or any provision that restates or incorporates a regulation pro- mulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration) shall be considered to be consumer product safety standards issued by the Commission under section 2058 of this title. (b) Rulemaking for specific toys, components and risks (1) Evaluation Not later than 1 year after August 14, 2008, the Commission, in consultation with rep- resentatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, shall examine and assess the effectiveness of ASTM F963 or its successor standard (except for section 4.2 and Annex 4), as it relates to safety require- ments, safety labeling requirements, and test methods related to— (A) internal harm or injury hazards caused by the ingestion or inhalation of magnets in children’s products;