15 USC 2056a - Standards and consumer registration of durable nursery products

U.S Code last checked for updates: Nov 25, 2024

§ 2056a.

Standards and consumer registration of durable nursery products

(a)

Short title

(b)

Safety standards

(1)

In general

The Commission shall—

(A)

in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product 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 voluntary standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such products.

(2)

Timetable for rulemaking

(3)

Judicial review

(4)

Process for considering subsequent revisions to voluntary standard

(A)

Notice of adoption of voluntary standard

(B)

Commission action on revised voluntary standard

(c)

Cribs

(1)

In general

(2)

Persons to which subsection applies

This subsection applies to any person that—

(A)

manufactures, distributes in commerce, or contracts to sell cribs;

(B)

based on the person’s occupation, holds itself out as having knowledge or skill peculiar 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 accommodation affecting commerce (as defined in section 2203 of this title applied without regard to the phrase “not owned by the Federal Government”).

(3)

Application of any revision

(4)

Crib defined

In this subsection, the term “crib” includes—

(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 consumer 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, addresses, e-mail addresses, and other contact information of consumers who register their ownership of such products with the manufacturer in order to improve the effectiveness 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 provided to consumers under paragraph (1) shall—

(A)

include spaces for a consumer to provide the consumer’s name, address, telephone number, and e-mail address;

(B)

include space sufficiently large to permit easy, legible recording of all desired information;

(C)

be attached to the surface of each durable 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 purpose of the registration and designed to encourage consumers to complete the registration;

(F)

include an option for consumers to register 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 recall of or safety alert regarding that product.

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 requirements

(4)

Study

(e)

Use of alternative recall notification technology

(1)

Technology assessment and report

The Commission shall—

(A)

beginning 2 years after a rule is promulgated under subsection (d), regularly review recall notification technology and assess the effectiveness of such technology in facilitating recalls of durable infant or toddler products; and

(B)

not later than 3 years after August 14, 2008, and periodically thereafter as the Commission considers appropriate, transmit a report on such assessments to the appropriate Congressional committees.

(2)

Determination

If, based on the assessment required by paragraph (1), the Commission determines by rule that a recall notification technology is likely to be as effective or more effective in facilitating recalls of durable infant or toddler products as the registration forms required by subsection (d), the Commission—

(A)

shall submit to the appropriate Congressional committees a report on such determination; and

(B)

shall permit a manufacturer of durable infant or toddler products to use such technology in lieu of such registration forms to facilitate recalls of durable infant or toddler products.

(f)

Definition of durable infant or toddler product

As used in this section, the term “durable infant 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 confining 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.)

cite as: 15 USC 2056a