[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1115.2]

[Page 157-158]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1115_SUBSTANTIAL PRODUCT HAZARD REPORTS--Table of Contents
 
                    Subpart A_General Interpretation
 
Sec.  1115.2  Scope and finding.

    (a) Section 15(a) of the CPSA (15 U.S.C. 2064(a)) defines 
substantial product hazard as either:
    (1) A failure to comply with an applicable consumer product safety 
rule, which failure creates a substantial risk of injury to the public, 
or
    (2) A product defect which (because of the pattern of defect, the 
number of defective products distributed in commerce, the severity of 
the risk, or otherwise) creates a substantial risk of injury to the 
public.
    (b) Section 15(b) of the CPSA requires every manufacturer (including 
an importer), distributor, and retailer of a consumer product 
distributed in commerce who obtains information which reasonably 
supports the conclusion that the product fails to comply with an 
applicable consumer product safety rule, fails to comply with a 
voluntary consumer product safety standard upon which the Commission has 
relied under section 9 of the CPSA, contains a defect which could create 
a substantial product hazard described in subsection 15(a)(2) of the 
CPSA, or creates an unreasonable risk of serious injury or

[[Page 158]]

death, immediately to inform the Commission, unless the manufacturer 
(including an importer), distributor or retailer has actual knowledge 
that the Commission has been adequately informed of such failure to 
comply, defect, or risk. This provision indicates that a broad spectrum 
of safety related information should be reported under section 15(b) of 
the CPSA.
    (c) Sections 15 (c) and (d) of the CPSA, (15 U.S.C. 2064(c) and 
(d)), empower the Commission to order a manufacturer (including an 
importer), distributor, or retailer of a consumer product distributed in 
commerce that presents a substantial product hazard to give various 
forms of notice to the public of the defect or the failure to comply 
and/or to order the subject firm to elect either to repair, to replace, 
or to refund the purchase price of such product. However, information 
which should be reported under section 15(b) of the CPSA does not 
automatically indicate the presence of a substantial product hazard, 
because what must be reported under section 15(b) are failures to comply 
with consumer product safety rules or voluntary standards upon which the 
Commission has relied under section 9, defects that could create a 
substantial product hazard, and products which create an unreasonable 
risk of serious injury or death. (See Sec.  1115.12.)
    (d) The provisions of this part 1115 deal with all consumer products 
(including imports) subject to regulation under the Consumer Product 
Safety Act, as amended (15 U.S.C. 2051-2081) (CPSA), and the 
Refrigerator Safety Act (15 U.S.C. 1211-1214) (RSA). In addition, the 
Commission has found that risks of injury to the public from consumer 
products subject to regulation under the Flammable Fabrics Act (15 
U.S.C. 1191-1204) (FFA), the Federal Hazardous Substances Act (15 U.S.C. 
1261-1274) (FHSA), and the Poison Prevention Packaging Act of 1970 (15 
U.S.C. 1471-1476) (PPPA) cannot be eliminated or reduced to a sufficient 
extent in a timely fashion under those acts. Therefore, pursuant to 
section 30(d) of the CPSA (15 U.S.C. 2079(d)), manufacturers (including 
importers), distributors, and retailers of consumer products which are 
subject to regulation under provisions of the FFA, FHSA, and PPPA must 
comply with the reporting requirements of section 15(b).

[43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34227, Aug. 4, 1992]