15 U.S.C. § 2064 — Substantial product hazards

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, Page 1742 TITLE 15—COMMERCE AND TRADE § 2064 2 So in original. Probably should be ‘‘paragraph (1)(C).’’ the Commission may order the manufacturer or any distributor or retailer of the product to take any one or more of the following actions: (A) To cease distribution of the product. (B) To notify all persons that transport, store, distribute, or otherwise handle the prod- uct, or to which the product has been trans- ported, sold, distributed, or otherwise handled, to cease immediately distribution of the prod- uct. (C) To notify appropriate State and local public health officials. (D) To give public notice of the defect or failure to 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 sub- stantial number of consumers to whom the re- call is directed may not be reached by other notice. (E) To mail notice to each person who is a manufacturer, distributor, or retailer of such product. (F) To mail notice to every person to whom the person required to give notice knows such product was delivered or sold. Any such order shall specify the form and con- tent of any notice required to be given under such order. (2) The Commission may require a notice de- scribed in paragraph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to ade- quately protect the public. (3) If a district court determines, in an action filed under section 2061 of this title, that the product that is the subject of such action is not an imminently hazardous consumer product, the Commission shall rescind any order issued under this subsection with respect to such product. (d) Repair; replacement; refunds; action plan (1) If the Commission determines (after afford- ing interested parties, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (f)) that a product distributed in commerce presents a sub- stantial product hazard and that action under this subsection is in the public interest, it may order the manufacturer or any distributor or re- tailer of such product to provide the notice re- quired by subsection (c) and to take any one or more of the following actions it determines to be in the public interest: (A) To bring such product into conformity with the requirements of the applicable rule, regulation, standard, or ban or to repair the defect in such product. (B) To replace such product with a like or equivalent product which complies with the applicable rule, regulation, standard, or ban or which does not contain the defect. (C) To refund the purchase price of such product (less a reasonable allowance for use, if such product has been in the possession of a consumer for one year or more (i) at the time of public notice under subsection (c), or (ii) at the time the consumer receives actual notice of the defect or noncompliance, whichever first occurs). (2) An order under this subsection shall also require the person to whom it applies to submit a plan, for approval by the Commission, for tak- ing action under whichever of the preceding sub- paragraphs under which such person has been or- dered to act. The Commission shall specify in the order the persons to whom refunds must be made if the Commission orders the action de- scribed in subparagraph (C).2 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)(A) If the Commission approves an action plan, it shall indicate its approval in writing. (B) If the Commission finds that an approved action plan is not effective or appropriate under the circumstances, or that the manufacturer, re- tailer, or distributor is not executing an ap- proved action plan effectively, the Commission may, by order, amend, or require amendment of, the action plan. In determining whether an ap- proved plan is effective or appropriate under the circumstances, the Commission shall consider whether a repair or replacement changes the in- tended functionality of the product. (C) If the Commission determines, after notice and opportunity for comment, that a manufac- turer, retailer, or distributor has failed to com- ply substantially with its obligations under its action plan, the Commission may revoke its ap- proval of the action plan. The manufacturer, re- tailer, or distributor to which the action plan applies may not distribute in commerce the product to which the action plan relates after receipt of notice of a revocation of the action plan. (e) Reimbursement (1) No charge shall be made to any person (other than a manufacturer, distributor, or re- tailer) who avails himself of any remedy pro- vided under an order issued under subsection (d), and the person subject to the order shall reim- burse each person (other than a manufacturer, distributor, or retailer) who is entitled to such a remedy for any reasonable and foreseeable ex- penses incurred by such person in availing him- self of such remedy. (2) An order issued under subsection (c) or (d) with respect to a product may require any per- son who is a manufacturer, distributor, or re- tailer of the product to reimburse any other per- son who is a manufacturer, distributor, or re- tailer of such product for such other person’s ex- penses in connection with carrying out the order, if the Commission determines such reim- bursement to be in the public interest. (f) Hearing (1) Except as provided in paragraph (2), an order under subsection (c) or (d) may be issued Page 1743 TITLE 15—COMMERCE AND TRADE § 2064 3 So in original. Probably should be preceded by ‘‘section’’. 4 So in original. Probably should be ‘‘extend’’. only after an opportunity for a hearing in ac- cordance with section 554 of title 5 except that, if the Commission determines that any person who wishes to participate in such hearing is a part of a class of participants who share an iden- tity of interest, the Commission may limit such person’s participation in such hearing to partici- pation through a single representative des- ignated by such class (or by the Commission if such class fails to designate such a representa- tive). 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 duplica- tive of offers previously made. (2) The requirement for a hearing in paragraph (1) shall not apply to an order issued under sub- section (c) or (d) relating to an imminently haz- ardous consumer product with regard to which the Commission has filed an action under sec- tion 2061 of this title. (g) Preliminary injunction (1) If the Commission has initiated a pro- ceeding under this section for the issuance of an order under subsection (d) with respect to a product which the Commission has reason to be- lieve presents a substantial product hazard, the Commission (without regard to section 2076(b)(7) of this title) or the Attorney General may, in accordance with 2061(d)(1) 3 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 ap- plication of the Attorney General) may apply to the issuing court for extensions of such prelimi- nary injunction. (2) Any preliminary injunction, and any exten- sion of a preliminary injunction, issued under this subsection with respect to a product shall be in effect for such period as the issuing court prescribes not to exceed a period which extends beyond the thirtieth day from the date of the issuance of the preliminary injunction (or, in the case of a preliminary injunction which has been extended, the date of its extension) or the date of the completion or termination of the proceeding under this section respecting such product, whichever date occurs first. (3) The amount in controversy requirement of section 1331 of title 28 does not apply with re- spect to the jurisdiction of a district court of the United States to issue or exend 4 a prelimi- nary injunction under this subsection. (h) Cost-benefit analysis of notification or other action not required Nothing in this section shall be construed to require the Commission, in determining that a product distributed in commerce presents a sub- stantial product hazard and that notification or other action under this section should be taken, to prepare a comparison of the costs that would be incurred in providing notification or taking other action under this section with the benefits from such notification or action. (i) Requirements for recall notices (1) Guidelines Not later than 180 days after August 14, 2008, the Commission shall, by rule, establish guide- lines setting forth a uniform class of informa- tion to be included in any notice required under an order under subsection (c) or (d) of this section or under section 2061 of this title. Such guidelines shall include any information that the Commission determines would be helpful to consumers in— (A) identifying the specific product that is subject to such an order; (B) understanding the hazard that has been identified with such product (including in- formation regarding incidents or injuries known to have occurred involving such prod- uct); and (C) understanding what remedy, if any, is available to a consumer who has purchased the product. (2) Content Except to the extent that the Commission determines with respect to a particular prod- uct that one or more of the following items is unnecessary or inappropriate under the cir- cumstances, the notice shall include the fol- lowing: (A) description of the product, including— (i) the model number or stock keeping unit (SKU) number of the product; (ii) the names by which the product is commonly known; and (iii) a photograph of the product. (B) A description of the action being taken with respect to the product. (C) The number of units of the product with respect to which the action is being taken. (D) A description of the substantial prod- uct hazard and the reasons for the action. (E) An identification of the manufacturers and significant retailers of the product. (F) The dates between which the product was manufactured and sold. (G) The number and a description of any injuries or deaths associated with the prod- uct, the ages of any individuals injured or killed, and the dates on which the Commis- sion received information about such inju- ries or deaths. (H) A description of— (i) any remedy available to a consumer; (ii) any action a consumer must take to obtain a remedy; and (iii) any information a consumer needs in order to obtain a remedy or information about a remedy, such as mailing addresses, telephone numbers, fax numbers, and email addresses. (I) Other information the Commission deems appropriate. (j) Substantial product hazard list (1) In general The Commission may specify, by rule, for any consumer product or class of consumer Page 1744 TITLE 15—COMMERCE AND TRADE § 2064 products, characteristics whose existence or absence shall be deemed a substantial product hazard under subsection (a)(2), if the Commis- sion determines that— (A) such characteristics are readily observ- able and have been addressed by voluntary standards; and (B) such standards have been effective in reducing the risk of injury from consumer products and that there is substantial com- pliance with such standards. (2) Judicial review Not later than 60 days after promulgation of a rule under paragraph (1), any person ad- versely affected by such rule may file a peti- tion for review under the procedures set forth in section 2060 of this title. (Pub. L. 92–573, § 15, Oct. 27, 1972, 86 Stat. 1221; Pub. L. 94–284, § 12(a), May 11, 1976, 90 Stat. 508; Pub. L. 97–35, title XII, § 1211(h)(4), Aug. 13, 1981, 95 Stat. 723; Pub. L. 97–414, § 9(j)(3), (m), Jan. 4, 1983, 96 Stat. 2064, 2065; Pub. L. 100–418, title I, § 1214(d), Aug. 23, 1988, 102 Stat. 1156; Pub. L. 101–608, title I, §§ 111(a)(2), 112(a), 113, Nov. 16, 1990, 104 Stat. 3114, 3115, 3117; Pub. L. 110–314, title II, §§ 214, 223(a), Aug. 14, 2008, 122 Stat. 3052, 3068.) Editorial Notes REFERENCES IN TEXT Section 30102(a)(7) of title 49, referred to in subsec. (b), was redesignated section 30102(a)(8) of title 49 by section 24109(b)(2) of Pub. 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). Pub. L. 110–314, § 214(a)(1), in- serted ‘‘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. (b). Pub. 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 show- ing of intent to defraud or mislead.’’ at end of con- cluding provisions. Pub. 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 en- forced by the Commission (other than motor vehicle equipment as defined in section 30102(a)(7) of title 49), distributed in commerce,’’ for ‘‘consumer product dis- tributed in commerce,’’ in introductory provisions. Subsec. (c). Pub. L. 110–314, § 214(a)(3)(A), (C), (D), des- ignated 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). Pub. L. 110–314, § 214(a)(3)(B), inserted ‘‘or if the Commission, after notifying the manufac- turer, determines a product to be an imminently haz- ardous consumer product and has filed an action under section 2061 of this title,’’ after ‘‘such substantial prod- uct hazard,’’ in introductory provisions. Subsec. (c)(1)(D). Pub. L. 110–314, § 214(a)(3)(E), sub- stituted ‘‘comply, including posting clear and con- spicuous notice on its Internet website, providing no- tice to any third party Internet website on which such manufacturer, retailer, distributor, or licensor has placed the product for sale, and announcements in lan- guages 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). Pub. L. 110–314, § 214(a)(3)(F), added pars. (2) and (3). Subsec. (d). Pub. L. 110–314, § 214(b)(1), (4), inserted par. (1) designation before ‘‘If the Commission’’ and re- designated former pars. (1) to (3) as subpars. (A) to (C), respectively. Subsec. (d)(1). Pub. L. 110–314, § 214(b)(2), (3), in intro- ductory provisions inserted ‘‘to provide the notice re- quired 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 ‘‘which- ever of the following actions the person to whom the order is directed elects:’’. Subsec. (d)(1)(A), (B). Pub. L. 110–314, § 214(b)(5), sub- stituted ‘‘rule, regulation, standard, or ban’’ for ‘‘con- sumer product safety rule’’. Subsec. (d)(1)(C). Pub. L. 110–314, § 214(b)(6), (7), sub- stituted ‘‘more (i)’’ for ‘‘more (A)’’ and ‘‘or (ii)’’ for ‘‘or (B)’’. Subsec. (d)(2). Pub. L. 110–314, § 214(b)(13), which di- rected 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 Pub. L. 110–314, § 214(b)(11). See below. Pub. L. 110–314, § 214(b)(12), struck out ‘‘If an order under this subsection is directed to more than one per- son, the Commission shall specify which person has the election under this subsection’’ before ‘‘. An order under this subsection may prohibit’’. Pub. L. 110–314, § 214(b)(11), substituted ‘‘if the Com- mission 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)’’. Pub. L. 110–314, § 214(b)(9), (10), substituted ‘‘for ap- proval 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’’. Pub. L. 110–314, § 214(b)(8), designated concluding pro- visions of subsec. (d) as par. (2) and substituted ‘‘shall also require’’ for ‘‘may also require’’. Former par. (2) redesignated (1)(B). Subsec. (d)(3). Pub. L. 110–314, § 214(b)(14), added par. (3). Former par. (3) redesignated (1)(C). Subsec. (f). Pub. L. 110–314, § 214(a)(4), designated ex- isting provisions as par. (1), substituted ‘‘Except as pro- vided in paragraph (2), an order’’ for ‘‘An order’’, and added par. (2). Subsec. (i). Pub. L. 110–314, § 214(c), added subsec. (i). Subsec. (j). Pub. L. 110–314, § 223(a), added subsec. (j). 1990—Subsec. (b). Pub. L. 101–608, § 112(a)(4), (5), in concluding provisions substituted ‘‘comply, of such de- fect, 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. (b)(1). Pub. L. 101–608, § 112(a)(1), inserted ref- erence to voluntary consumer product safety standard upon which Commission has relied under section 2058 of this title. Subsec. (b)(3). Pub. L. 101–608, § 112(a)(2), (3), added par. (3). Subsec. (f). Pub. L. 101–608, § 113, inserted at end ‘‘Any settlement offer which is submitted to the presiding of- ficer at a hearing under this subsection shall be trans- mitted by the officer to the Commission for its consid- eration unless the settlement offer is clearly frivolous or duplicative of offers previously made.’’ Subsec. (h). Pub. L. 101–608, § 111(a)(2), added subsec. (h). 1988—Subsec. (d). Pub. 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). Pub. L. 97–414, § 9(m), amended, in part, Pub. L. 97–35, § 1211(h)(4). See 1981 Amendment note below. 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