[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1115.10]

[Page 163-164]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1115--SUBSTANTIAL PRODUCT HAZARD REPORTS--Table of Contents
 
                    Subpart A--General Interpretation
 
Sec. 1115.10  Persons who must report and where to report.

    (a) Every manufacturer (including importer), distributor, or 
retailer of a consumer product that has been distributed in commerce who 
obtains information that such consumer product contains a defect which 
could create a substantial risk of injury to the public shall 
immediately notify the Office of Compliance, Division of Corrective 
Actions, Consumer Product Safety Commission, Washington, DC 20207 
(telephone: 301-504-0608), or such other persons as may be designated. 
Manufacturers (including importers), distributors, and retailers of 
consumer products subject to regulation by the Commission under 
provisions of the FFA, FHSA, PPPA, as well as consumer products subject 
to regulation under the CPSA and RSA, must comply with this requirement.
    (b) Every manufacturer (including importer), distributor, or 
retailer of a consumer product that has been distributed in commerce who 
obtains information that such consumer product fails to comply with an 
applicable consumer product safety standard or ban issued under the CPSA 
shall immediately notify the Commission's Office of Compliance and 
Enforcement, Division of Corrective Actions or such other persons as may 
be designated. A subject firm need not report a failure to comply with a 
standard or regulation issued under the provisions of the RSA, FFA, 
FHSA, or PPPA unless it can be reasonably concluded that the failure to 
comply results in a defect which could create a substantial product 
hazard. (See paragraph (a) of this section.)
    (c) Every manufacturer (including importer), distributor, and 
retailer of a consumer product that has been distributed in commerce who 
obtains information that such consumer product fails to comply with a 
voluntary consumer product safety standard upon which the Commission has 
relied under section 9 of the CPSA, shall immediately notify the 
Commission's Office

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of Compliance and Enforcement, Division of Corrective Actions or such 
other persons as may be designated.
    (d) Every manufacturer (including importer), distributor, and 
retailer of a consumer product that has been distributed in commerce who 
obtains information that such consumer product creates an unreasonable 
risk of serious injury or death shall immediately notify the 
Commission's Office of Compliance and Enforcement, Division of 
Corrective Actions or such other persons as may be designated. This 
obligation applies to manufacturers, distributors and retailers of 
consumer products subject to regulation by the Commission under the 
Flammable Fabrics Act, Federal Hazardous Substances Act, Poison 
Prevention Packaging Act, and Refrigerator Safety Act as well as 
products subject to regulation under the CPSA.
    (e) A distributor or retailer of a consumer product (who is neither 
a manufacturer nor an importer of that product) is subject to the 
reporting requirements of section 15(b) of the CPSA but may satisfy them 
by following the procedure detailed in Sec. 1115.13(b).
    (f) A manufacturer (including an importer), distributor, or retailer 
need not inform the Commission under section 15(b) of the CPSA if that 
person has actual knowledge that the Commission has been adequately 
informed of the defect or failure to comply. (See section 15(b) of the 
CPSA.)

[43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34229, Aug. 4, 1992; 62 
FR 46667, Sept. 4, 1997]