The Consumer Product Safety Act, referred to in subsec. (d)(1), is Pub. L. 92–573,
The Flammable Fabrics Act, referred to in subsec. (d)(1), is act June 30, 1953, ch. 164, 67 Stat. 111, which is classified generally to chapter 25 (§ 1191 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1191 of this title and Tables.
The Poison Prevention Packaging Act, referred to in subsec. (d)(1), probably means the Poison Prevention Packaging Act of 1970, Pub. L. 91–601,
The Federal Hazardous Substances Act, referred to in subsec. (d)(1), is Pub. L. 86–613,
2008—Subsec. (a)(3). Pub. L. 110–314, § 211(1), inserted “A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission’s offer.” after “paragraph (2).”
Subsec. (b)(1). Pub. L. 110–314, § 211(2)–(4), substituted “15 days” for “30 days”, “publishes a finding that the public” for “finds that the public”, and “notice),” for “notice and publishes such a finding in the Federal Register),”.
Subsec. (b)(2). Pub. L. 110–314, § 211(5)–(7), substituted “5 days” for “10 days”, “publishes a finding that the public” for “finds that the public”, and “notice.” for “notice and publishes such finding in the Federal Register.”
Subsec. (b)(3). Pub. L. 110–314, § 211(8), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b)(4). Pub. L. 110–314, § 211(9), which directed substitution of “any consumer product safety rule or provision of this Act or similar rule or provision of any other Act enforced by the Commission;” for “section 2068 of this title (related to prohibited acts);”, was executed by making the substitution for “section 2068 of this title (relating to prohibited acts);” to reflect the probable intent of Congress.
Subsec. (b)(5). Pub. L. 110–314, § 211(10)–(13), added subpar. (D) and substituted “any consumer product safety rule or provision under this Act or similar rule or provision of any other Act enforced by the Commission,” for “section 2068(a) of this title,” in concluding provisions.
Subsec. (e)(4). Pub. L. 110–314, § 235(c)(2), substituted “either of the appropriate Congressional committees or any subcommittee thereof,” for “the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce of the House of Representatives or any subcommittee of such committee,”.
1990—Subsec. (a)(8). Pub. L. 101–608, § 106, amended par. (8) generally. Prior to amendment, par. (8) read as follows: “The provisions of paragraphs (2) through (6) shall not prohibit the disclosure of information to other officers or employees concerned with carrying out this Act or when relevant in any administrative proceeding under this Act, or in judicial proceedings to which the Commission is a party. Any disclosure of relevant information in Commission administrative proceedings, or in judicial proceedings to which the Commission is a party, shall be governed by the rules of the Commission (including in camera review rules for confidential material) for such proceedings or by court rules or orders, except that the rules of the Commission shall not be amended in a manner inconsistent with the purposes of this section.”
Subsec. (e). Pub. L. 101–608, § 112(c), added subsec. (e).
1983—Subsec. (b)(1). Pub. L. 97–414 substituted “paragraph (4)” for “paragraph (2)”.
1981—Subsec. (a)(1). Pub. L. 97–35 amended par. (1) generally, substituting “shall be construed” for “shall be deemed”.
Subsec. (a)(2). Pub. L. 97–35 amended par. (2) generally, substituting “title 18, or subject to section 552(b)(4) of title 5, shall be considered confidential and shall not be disclosed” for “title 18 shall be considered confidential and shall not be disclosed, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. Nothing in this chapter shall authorize the withholding of information by the Commission or any officer or employee under its control from the duly authorized committees of the Congress”.
Subsec. (a)(3) to (8). Pub. L. 97–35 added pars. (3) to (8).
Subsec. (b)(1). Pub. L. 97–35 amended par. (1) generally, substituting “notice and publishes such a finding in the Federal Register),” for “notice),”, and “In disclosing any information under this subsection, the Commission may, and upon the request of the manufacturer or private labeler shall, include with the disclosure any comments or other information or a summary thereof submitted by such manufacturer or private labeler to the extent permitted by and subject to the requirements of this section” for “If the Commission finds that, in the administration of this chapter, it has made public disclosure of inaccurate or misleading information which reflects adversely upon the safety of any consumer product, or the practices of any manufacturer, private labeler, distributor, or retailer of consumer products, it shall, in a manner similar to that in which such disclosure was made, publish a retraction of such inaccurate or misleading information”.
Subsec. (b)(2) to (4). Pub. L. 97–35 added pars. (2) and (3), redesignated former par. (2) as (4) and substituted “Paragraphs (1) through (3) of this subsection” for “Paragraph (1) (except for the last sentence thereof)” and “a rulemaking proceeding (which shall commence upon the publication of an advance notice of proposed rulemaking or a notice of proposed rulemaking), an adjudicatory proceeding (which shall commence upon the issuance of a complaint) or other administrative or judicial proceeding under this chapter” for “any administrative or judicial proceeding under this chapter”.
Subsec. (b)(5) to (8). Pub. L. 97–35 added pars. (5) to (8).
Subsecs. (c), (d). Pub. L. 97–35 reenacted subsec. (c) without change and added subsec. (d).
Amendment by Pub. L. 97–35 effective
Section effective on the sixtieth day following
For purposes of subsection (b)(5) of this section, information reported to Consumer Product Safety Commission on incidents of children choking on a marble, small ball, latex balloon, or other small part contained in a toy or game, to be treated as information submitted pursuant to section 2064(b) of this title, see section 102 of Pub. L. 103–267, set out as a Reporting Requirements note under section 2064 of this title.