[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: 16CFR1212.17]

[Page 351-353]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1212--Safety Standard for Multi-Purpose Lighters--Table of Contents
 
                  Subpart B--Certification Requirements
 
Sec. 1212.17  Recordkeeping and reporting.

    (a) Every manufacturer and importer of lighters subject to the 
standard shall maintain the following records in English on paper, 
microfiche, or similar media and make such records available to any 
designated officer or employee of the Commission in accordance with 
section 16(b) of the Consumer Product Safety Act, 15 U.S.C. 2065(b). 
Such records must also be kept in the

[[Page 352]]

United States and provided to the Commission within 48 hours of receipt 
of a request from any employee of the Commission, except as provided in 
paragraph (a)(3) of this section. Legible copies of original records may 
be used to comply with these requirements.
    (1) Records of qualification testing, including a description of the 
tests, photograph(s) or a video tape for a single pair of children from 
each 100-child test panel to show how the lighter was held in the 
tester's hand, and the orientation of the tester's body and hand to the 
children, during the demonstration, the dates of the tests, the data 
required by Sec. 1212.4(d), the actual surrogate lighters tested, and 
the results of the tests, including video tape records, if any. These 
records shall be kept for a period of 3 years after the production of 
the particular model to which such tests relate has ceased. If 
requalification tests are undertaken in accordance with Sec. 1212.14(c), 
the original qualification test results may be discarded 3 years after 
the requalification testing, and the requalification test results and 
surrogates, and the other information required in this subsection for 
qualifications tests, shall be kept in lieu thereof.
    (2) Records of procedures used for production testing required by 
this subpart B, including a description of the types of tests conducted 
(in sufficient detail that they may be replicated), the production 
interval selected, the sampling scheme, and the pass/reject criterion. 
These records shall be kept for a period of 3 years after production of 
the lighter has ceased.
    (3) Records of production testing, including the test results, the 
date and location of testing, and records of corrective actions taken, 
which in turn includes the specific actions taken to improve the design 
or manufacture or to correct any noncomplying lighter, the date the 
actions were taken, the test result or failure that triggered the 
actions, and the additional actions taken to ensure that the corrective 
action had the intended effect. These records shall be kept for a period 
of 3 years following the date of testing. Records of production testing 
results may be kept on paper, microfiche, computer tape, or other 
retrievable media. Where records are kept on computer tape or other 
retrievable media, however, the records shall be made available to the 
Commission on paper copies upon request. A manufacturer or importer of a 
lighter that is not manufactured in the United States may maintain the 
production records required by this paragraph (a)(3) outside the United 
States, but shall make such records available to the Commission in the 
United States within 1 week of a request from a Commission employee for 
access to those records under section 16(b) of the CPSA, 15 U.S.C. 
2065(b).
    (4) Records of specifications required under Sec. 1212.15 shall be 
kept for 3 years after production of each lighter model has ceased.
    (b) Reporting. At least 30 days before it first imports or 
distributes in commerce any model of lighter subject to the standard, 
every manufacturer and importer must provide a written report to the 
Office of Compliance, Consumer Product Safety Commission, 4330 East-West 
Highway, Room 610, Bethesda, Maryland 20814-4408. Such report shall 
include:
    (1) The name, address, and principal place of business of the 
manufacturer or importer,
    (2) A detailed description of the lighter model and the child-
resistant feature(s) used in that model,
    (3) A description of the qualification testing, including a 
description of the surrogate lighters tested (including a description of 
the point in the operation at which the surrogate will signal operation-
-e.g., the distance by which a trigger must be moved), the specification 
of the surrogate lighter required by Sec. 1212.15, a summary of the 
results of all such tests, the dates the tests were performed, the 
location(s) of such tests, and the identity of the organization that 
conducted the tests,
    (4) An identification of the place or places that the lighters were 
or will be manufactured,
    (5) The location(s) where the records required to be maintained by 
paragraph (a) of this section are kept, and
    (6) A prototype or production unit of that lighter model.
    (c) Confidentiality. Persons who believe that any information 
required to

[[Page 353]]

be submitted or made available to the Commission is trade secret or 
otherwise confidential shall request that the information be considered 
exempt from disclosure by the Commission, in accordance with 16 CFR 
1015.18. Requests for confidentiality of records provided to the 
Commission will be handled in accordance with section 6(a)(2) of the 
CPSA, 15 U.S.C. 2055(a)(2), the Freedom of Information Act as amended, 5 
U.S.C. 552, and the Commission's regulations under that act, 16 CFR part 
1015.