[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: 16CFR1202.7]

[Page 214-215]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1202--SAFETY STANDARD FOR MATCHBOOKS--Table of Contents
 
Sec.  1202.7  Prohibited stockpiling.

    Section 9(d)(2) of the Consumer Product Safety Act (15 U.S.C. 
2058(d)(2)) authorizes the Commission to prohibit manufacturers and 
importers from stockpiling a product subject to a consumer product 
safety standard between its date of issuance and its effective date. A 
manufacturer or importer is in violation of Section 9(d)(2) and of this

[[Page 215]]

section if it fails to comply with the following:
    (a) Definitions. (1) Base period means, at the option of the 
manufacturer or importer concerned, any period of 365 consecutive days 
beginning on or after January 1, 1973, and ending on or before December 
31, 1975.
    (2) Rate of production (or importation) means the total number of 
matchbooks manufactured (or imported) during a stated time period. In 
determining whether a matchbook was manufactured during a stated time 
period, the date on which the cover and combs were assembled to form a 
matchbook shall be used. In the event that a manufacturer currently 
operates a matchbook manufacturing plant that it did not operate during 
the base period, or that it did not operate for an entire base period, 
that manufacturer shall use, as the rate of production during the base 
period for that plant, either (i) the average daily rate of production 
(including nonproduction days such as Sundays, holidays, and vacations) 
for the part of the base period he did operate that plant, multiplied by 
365 or (ii) the rate of production during the base period of his most 
nearly similar matchbook manufacturing plant.
    (b) Prohibited act. Manufacturers and importers of matchbooks, as 
these products are defined in Sec.  1202.3(i), shall not manufacture or 
import matchbooks that do not comply with the requirements of this part 
between the date that this part is issued and the date that it becomes 
effective at a rate that is greater than the rate of production or 
importation during the base period plus 15 percent of that rate.
    (c) Documentation. Manufacturers and importers shall maintain, for a 
period of six (6) months after the effective date specified in Sec.  
1202.1(b), appropriate documentation to be able to substantiate to the 
Commission that they are in compliance with the provisions of this 
section.