15 U.S.C. § 2062 — Repealed. Pub. L. 97–35, title XII, § 1211(b),

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 Repealed.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-