[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: 16CFR1210.17]

[Page 320-322]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1210_SAFETY STANDARD FOR CIGARETTE LIGHTERS--Table of Contents
 
                  Subpart B_Certification Requirements
 
Sec.  1210.17  Recordkeeping and reporting.

    (a) Records. 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 United States and provided to the 
Commission within 48 hours of receipt of a request from any employee of 
the Commission, except as

[[Page 321]]

provided in paragraph (b)(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.  1210.4(d), the actual surrogate lighters tested, and 
the results of the tests, including video tape records, if any. These 
records shall be kept until 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.  
1210.14(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 until 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 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 paragraph (a)(3) of this section 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.  1210.15 shall be 
kept until 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 
Division of Regulatory Management, Consumer Product Safety Commission, 
Washington, D.C. 20207. 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, the specification of the 
surrogate lighter required by Sec.  1210.15, 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 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

[[Page 322]]

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.