[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: 16CFR1630.81]

[Page 705]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1630_STANDARD FOR THE SURFACE FLAMMABILITY OF CARPETS AND RUGS 
(FF 1-70)--Table of Contents
 
                 Subpart D_Interpretations and Policies
 
Sec.  1630.81  Policy on recall of noncomplying carpets and rugs.


    (a) Purpose. The purpose of this section is to state the policy of 
the Commission concerning recall of carpets and rugs which are subject 
to and fail to comply with the Standard for the Surface Flammability of 
Carpets and Rugs (FF 1-70) (16 CFR part 1630, subpart A). In this policy 
statement, the Commission reaffirms that provisions of the Flammable 
Fabrics Act (FFA) authorize recall of any product which fails to comply 
with an applicable flammability standard issued under that Act. 
Additionally, this policy statement announces general principles which 
will be followed by the Commission in exercising the authority contained 
in the FFA to require recall of carpets and rugs from various levels of 
distribution, including carpets and rugs in the possession of the 
ultimate consumer.
    (b) Recall from distributors and retailers. The Commission will 
exercise the authority contained in the FFA to order recall of carpets 
and rugs which fail to comply with the Standard for the Surface 
Flammability for Carpets and Rugs and which are in the possession of any 
distributor, retailer, or other person or firm in the chain of 
distribution, where the facts, including the number and pattern of test 
failures, indicate that such action is necessary and appropriate.
    (c) Recall from consumers. (1) In cases involving carpets and rugs 
distributed in commerce by a domestic manufacturer, or imported into the 
United States, after July 11, 1978, the Commission will exercise the 
authority contained in the FFA to order recall of carpets and rugs which 
fail to comply with the Standard for the Surface Flammability of Carpets 
and Rugs and which are in the possession of ultimate purchasers, 
including installed carpet, where the facts, including the number and 
pattern of test failures, indicate that such action is necessary and 
appropriate.
    (2) The Commission may exercise the authority of section 15 of the 
Consumer Product Safety Act (15 U.S.C. 2064) to order the repair, 
replacement, or repurchase of any carpets or rugs in the possession of 
ultimate purchasers, including installed carpet, if such carpets and 
rugs present a ``substantial product hazard'' as that term is used in 
the Consumer Product Safety Act in any case involving carpets or rugs 
which were distributed in commerce by a domestic manufacturer or 
imported into the United States, on or before July 11, 1978, or any time 
thereafter.

(Sec.  5, 15 U.S.C. 1194, 67 Stat. 112, June 30, 1953; Sec.  5, 15 U.S.C. 
45(b), 38 Stat. 719, Sept. 26, 1914; Sec.  15, 15 U.S.C. 2064, 86 Stat. 
1221, Oct. 27, 1972)

[44 FR 2169, Jan. 10, 1979]