U.S. Consumer Product Safety Commission

U.S. Reporting Obligations and Recall

LawsMarc J. Schoem

November 2, 2011ICPHSO Asia-Pacific Symposium

1Views expressed in this presentation are those of the staff

and do not necessarily represent the views of the Commission

REPORTING OBLIGATIONSSection 15 [U.S.C. § 2064] – Substantial

Product Hazards

a) Substantial Product Hazard Means –

1) Failure to comply with an applicable consumer product safety rule under this Act or a similar rule, regulation, standard or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or…

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REPORTING OBLIGATIONSSection 15 [U.S.C. § 2064] – Substantial

Product Hazards

2) a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.

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REPORTING OBLIGATIONSSection 15 [U.S.C § 2064] – Substantial Product

Hazards

b) Substantial Product Hazard Means –

Every manufacturer of a consumer product,or other product or substance over which theCommission has jurisdiction under any otherAct enforced by the Commission other thanmotor vehicle equipment as defined insection 30102(a)(7) of title 49, United StatesCode),distributed in commerce, and everydistributor and retailer of such product, whoobtains information which reasonablysupports the conclusion that such product-

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REPORTING OBLIGATIONSSection 15 [U.S.C. § 2064] – Substantial

Product Hazards

1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard under which the Commission has relied under section 9 [15 U.S.C. § 2058];

2) fails to comply with any other rule, regulation, standard, or ban under this Act or any other Act enforced by the Commission;

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REPORTING OBLIGATIONSSection 15 [U.S.C. § 2064] – Substantial

Product Hazards

3) contains a defect which could create a substantial product hazard described in subsection (1)(2); or

4) creates an unreasonable risk of serious injury or death,

shall immediately inform the Commission ofsuch failure to comply, of such defect, or ofsuch risk, unless such manufacturer,distributor, or retailer has actual knowledgethat the Commission has been adequatelyinformed of such defect, failure to comply, orsuch risk…. 6

REPORTING OBLIGATIONS Reporting Lawsuits to CPSCSection 37 [15 U.S.C. § 2084]

(a) If a particular model of a consumer product is the subject of at least 3 civil actions that have been filed in Federal or State court for death or grievous bodily injury which in each of the 24-month periods defined in subsection (b) result in either a final settlement involving the manufacturer or a court judgment in favor of the plaintiff, the manufacturer of such product shall, in accordance with subsection (c), report to the Commission each such civil action within 30 days after the final settlement or court judgment in the third of such civil actions, and, within 30 days after any subsequent settlement or judgment in that 24-month period, any other such action. 7

REPORTING OBLIGATIONSReporting Lawsuits to the CPSC

Section 37 [15 U.S.C. § 2084]

(b) The 24-month periods referred to in subsection (a) are the 24-month period commencing on January 1, 1991, and subsequent 24-month periods beginning on January 1 of the calendar year that is two years following the beginning of the previous 24-month period.

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REPORTING OBLIGATIONSReporting Lawsuits to CPSCSection 37 [15 U.S.C. § 2084]

(c)(1) The information required by subsection (a) to be reported to the Commission, with respect to each civil action described in subsection (a), shall include and in addition to any voluntary information provided under paragraph (2) shall be limited to the following:

(A) The name and address of the manufacturer.

(B) The model and model number or designation of the consumer product subject to the civil action.

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REPORTING OBLIGATIONSReporting Lawsuits to CPSCSection 37 [15 U.S.C. § 2084]

(C) A statement as to whether the civil action alleged death or grievous bodily injury, and in the case of an allegation of grievous bodily injury, a statement of the category of such injury.

(D) A statement as to whether the civil action resulted in a final settlement or a judgment in favor of the plaintiff.

(E) in the case of a judgment in favor of the plaintiff, the name of the civil action, the number assigned the civil action, and the court in which the civil action was filed.

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REPORTING OBLIGATIONSSMALL PARTS INCIDENT

REPORTING[Sec. 102 of Public Law 103-267, 108 Stat.

722, June 16, 1994]{Not part of the Consumer Product Safety

Act}(a) Reports to Consumer Product Safety Commission—

Each manufacturer, distributor, retailer andimporter of a marble, small ball, or latex balloon, or toy or game that contains a marble, small ball,latex balloon or other small part, shall report to theCommission any information obtained by suchmanufacturer, distributor, retailer, or importer whichreasonably supports the conclusion that—

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REPORTING OBLIGATIONSSMALL PARTS INCIDENT

REPORTING

(A) an incident occurred in which a child (regardless 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 professional.

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RECALL LAWSPROHIBITED ACTS

SEC. 19. [15 U.S.C. § 2068]

(a) It shall be unlawful for any person to—

(b) (1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this Act or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this Act, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission;

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RECALL LAWSPROHIBITED ACTS

SEC. 19. [15 U.S.C. § 2068]

(c) (2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is—  

(d) {Note: Subparagraph (A) omitted in §216(a) of P.L. 110-314}

(e) (B) subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public or if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action; 14

RECALL LAWSPROHIBITED ACTS

SEC. 19. [15 U.S.C. § 2068]

(f) (C) subject to an order issued under section 12 or 15 of this Act; or

(g) (D) a banned hazardous substance within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1));

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Contact Information

Marc J. Schoem

Deputy Director

Office of Compliance and Field Operations

U.S. Consumer Product Safety Commission

301-504-7520 – phone

mschoem@cpsc.gov

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