[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1116.2]

[Page 173-174]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1116--REPORTS SUBMITTED PURSUANT TO SECTION 37 OF THE CONSUMER 
PRODUCT SAFETY ACT--Table of Contents
 
Sec.  1116.2  Definitions.

    (a) A 24-month period(s) means the 24-month period beginning on 
January 1, 1991, and each subsequent 24-month period beginning on 
January 1 of the calendar year that is two years following the beginning 
of the previous 24-month period. The first statutory two year period 
ends on December 31, 1992. The second begins on January 1, 1993 and ends 
on December 31, 1994, and so forth.
    (b) Grievous bodily injury includes, but is not limited to, any of 
the following categories of injury:
    (1) Mutilation or disfigurement. Disfigurement includes permanent 
facial disfigurement or non-facial scarring that results in permanent 
restriction of motion;
    (2) Dismemberment or amputation, including the removal of a limb or 
other appendage of the body;

[[Page 174]]

    (3) The loss of important bodily functions or debilitating internal 
disorder. These terms include:
    (i) Permanent injury to a vital organ, in any degree;
    (ii) The total loss or loss of use of any internal organ,
    (iii) Injury, temporary or permanent, to more than one internal 
organ;
    (iv) Permanent brain injury to any degree or with any residual 
disorder (e.g. epilepsy), and brain or brain stem injury including coma 
and spinal cord injuries;
    (v) Paraplegia, quadriplegia, or permanent paralysis or paresis, to 
any degree;
    (vi) Blindness or permanent loss, to any degree, of vision, hearing, 
or sense of smell, touch, or taste;
    (vii) Any back or neck injury requiring surgery, or any injury 
requiring joint replacement or any form of prosthesis, or;
    (viii) Compound fracture of any long bone, or multiple fractures 
that result in permanent or significant temporary loss of the function 
of an important part of the body;
    (4) Injuries likely to require extended hospitalization, including 
any injury requiring 30 or more consecutive days of in-patient care in 
an acute care facility, or 60 or more consecutive days of in-patient 
care in a rehabilitation facility;
    (5) Severe burns, including any third degree burn over ten percent 
of the body or more, or any second degree burn over thirty percent of 
the body or more;
    (6) Severe electric shock, including ventricular fibrillation, 
neurological damage, or thermal damage to internal tissue caused by 
electric shock.
    (7) Other grievous injuries, including any allegation of 
traumatically induced disease.

Manufacturers may wish to consult with the Commission staff to determine 
whether injuries not included in the examples above are regarded as 
grievous bodily injury.
    (c) A particular model of a consumer product is one that is 
distinctive in functional design, construction, warnings or instructions 
related to safety, function, user population, or other characteristics 
which could affect the product's safety related performance. (15 U.S.C. 
2084(e)(2))
    (1) The functional design of a product refers to those design 
features that directly affect the ability of the product to perform its 
intended use or purpose.
    (2) The construction of a product refers to its finished assembly or 
fabrication, its materials, and its components.
    (3) Warnings or instructions related to safety include statements of 
the principal hazards associated with a product, and statements of 
precautionary or affirmative measures to take during the use, handling, 
or storage of a product, to the extent that a reasonable person would 
understand such statements to be related to the safety of the product. 
Warnings or instructions may be written or graphically depicted and may 
be attached to the product or appear on the product itself, in operating 
manuals, or in other literature that accompanies or describes the 
product.
    (4) The function of a product refers to its intended use or purpose.
    (5) User population refers to the group or class of people by whom a 
product is principally used. While the manufacturer's stated intent may 
be relevant to an inquiry concerning the nature of the user population, 
the method of distribution, the availability of the product to the 
public and to specific groups, and the identity of purchasers or users 
of the product should be considered.
    (6) Other characteristics which could affect a product's safety 
related performance include safety features incorporated into the 
product to protect against foreseeable risks that might arise during the 
use, handling, or storage of a product.
    (d) The term manufacturer means any person who manufactures or 
imports a consumer product. (15 U.S.C. 2052(a)(4)).

[57 FR 34239, Aug. 4, 1992, as amended at 58 FR 16121, Mar. 25, 1993]