S.Amdt. 4113Senate110th Congress (2007-2009)

To clarify and expand requirements with respect to information in recall notices.

What it does: Adds SEC. 40. REQUIREMENTS FOR RECALL NOTICES on page 103, line 12
Submitted March 5, 2008

What it changes

1 change to S. 2663

Adds a section
  1. Adds SEC. 40. REQUIREMENTS FOR RECALL NOTICES on page 103, line 12

    Adds a sectionPrinted page

    Inserted: SEC. 40. REQUIREMENTS FOR RECALL NOTICES.

    Inserted: (a) In General.--Section 15 (15 U.S.C. 2064) is amended by adding at the end the following:

    Inserted: "(i) Requirements for Recall Notices.--

    Inserted: "(1) In general.--If the Commission determines that a product distributed in commerce presents a substantial product hazard and that action under subsection (d) is in the public interest, the Commission may order the manufacturer or any distributor or retailer of the product to distribute notice of the action to the public. The notice shall include the following:

    Inserted: "(A) A description of the product, including--

    Inserted: "(i) the model number or stock keeping unit (SKU) number of the product;

    Inserted: "(ii) the names by which the product is commonly known; and

    Inserted: "(iii) a photograph of the product.

    Inserted: "(B) A description of the action being taken with respect to the product.

    Inserted: "(C) The number of units of the product with respect to which the action is being taken.

    Inserted: "(D) A description of the substantial product hazard and the reasons for the action.

    Inserted: "(E) An identification of the manufacturers, importers, distributers, and retailers of the product.

    Show 14 more inserted paragraphs

    Inserted: "(F) The locations where, and Internet websites from which, the product was sold.

    Inserted: "(G) The name and location of the factory at which the product was produced.

    Inserted: "(H) The dates between which the product was manufactured and sold.

    Inserted: "(I) The number and a description of any injuries or deaths associated with the product, the ages of any individuals injured or killed, and the dates on which the Commission received information about such injuries or deaths.

    Inserted: "(J) A description of--

    Inserted: "(i) any remedy available to a consumer;

    Inserted: "(ii) any action a consumer must take to obtain a remedy; and

    Inserted: "(iii) any information a consumer needs to take to obtain a remedy or information about a remedy, such as mailing addresses, telephone numbers, fax numbers, and email addresses.

    Inserted: "(K) Any other information the Commission determines necessary.

    Inserted: "(2) Notices in languages other than english.--The Commission may require a notice described in paragraph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to adequately protect the public.".

    Inserted: (b) Publication of Information on Recalled Products.--Beginning not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall make the following information available to the public as the information becomes available to the Commission:

    Inserted: (1) Progress reports and incident updates with respect to action plans implemented under section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)).

    Inserted: (2) Statistics with respect to injuries and deaths associated with products that the Commission determines present a substantial product hazard under section 15(c) of the Consumer Product Safety Act (15 U.S.C. 2064(c)).

    Inserted: (3) The number and type of communication from consumers to the Commission with respect to each product with respect to which the Commission takes action under section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)).

    Original wording

    On page 103, after line 12, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

On page 103, after line 12, insert the following:

SEC. 40. REQUIREMENTS FOR RECALL NOTICES.

(a) In General.--Section 15 (15 U.S.C. 2064) is amended by adding at the end the following:

“(i) Requirements for Recall Notices.--

“(1) In general.--If the Commission determines that a product distributed in commerce presents a substantial product hazard and that action under subsection (d) is in the public interest, the Commission may order the manufacturer or any distributor or retailer of the product to distribute notice of the action to the public. The notice shall include the following:

“(A) 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 product hazard and the reasons for the action.

“(E) An identification of the manufacturers, importers, distributers, and retailers of the product.

“(F) The locations where, and Internet websites from which, the product was sold.

“(G) The name and location of the factory at which the product was produced.

“(H) The dates between which the product was manufactured and sold.

“(I) The number and a description of any injuries or deaths associated with the product, the ages of any individuals injured or killed, and the dates on which the Commission received information about such injuries or deaths.

“(J) 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 to take to obtain a remedy or information about a remedy, such as mailing addresses, telephone numbers, fax numbers, and email addresses.

“(K) Any other information the Commission determines necessary.

“(2) Notices in languages other than english.--The Commission may require a notice described in paragraph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to adequately protect the public.”.

(b) Publication of Information on Recalled Products.--Beginning not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall make the following information available to the public as the information becomes available to the Commission:

(1) Progress reports and incident updates with respect to action plans implemented under section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)).

(2) Statistics with respect to injuries and deaths associated with products that the Commission determines present a substantial product hazard under section 15(c) of the Consumer Product Safety Act (15 U.S.C. 2064(c)).

(3) The number and type of communication from consumers to the Commission with respect to each product with respect to which the Commission takes action under section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)).

Legislative Activity

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Senate amendment proposed (on the floor): Amendment SA 4113 proposed by Senator Pryor for Senator Obama.(consideration: CR S1693-1696; text: CR S1695)

March 6, 2008

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Floor

Senate amendment proposed (on the floor): Amendment SA 4113 proposed by Senator Pryor for Senator Obama.(consideration: CR S1693-1696; text: CR S1695)

March 6, 2008

Floor

Senate amendment agreed to: Amendment SA 4113 agreed to in Senate by Unanimous Consent.

March 6, 2008

Floor

Amendment SA 4113 proposed by Senator Pryor for Senator Obama. (consideration: CR S1693-1696; text: CR S1695) To clarify and expand requirements with respect to information in recall notices.

March 6, 2008

Floor

Amendment SA 4113 agreed to in Senate by Unanimous Consent.

March 6, 2008

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Senate amendment submitted

March 5, 2008