§2055a Publicly available consumer product safety information database

Summary

Create and keep an online, public, searchable database about the safety of consumer products and other things the Commission regulates, if money is available. No later than 180 days after August 14, 2008, the Commission must send Congress a detailed plan with an implementation schedule and a public awareness campaign. The database must be built within 18 months after that plan is sent. It must include reports of harm from consumers, government agencies, health care workers, child service providers, and public safety entities; notices about voluntary recalls or fixes the Commission has told the public about; and manufacturer comments when requested. People can send reports by electronic, phone, or paper methods. Every report that is put in the database must at least say what the product is, who made or labeled it, what harm happened, contact information for the reporter, and a statement that the reporter believes the information is true and agrees to its posting. The database must be easy to sort and search (by date, product name, model, manufacturer, and other helpful items). The Commission must tell users that it does not guarantee the accuracy or completeness of the database. The Commission cannot disclose a reporter’s name, address, or contact details unless that person gives written consent to share them with the product’s manufacturer; if shared, the manufacturer may only use the information to verify the report. When the Commission gets a complete report, it must, as practical, send it to the named manufacturer or private labeler within 5 business days. The manufacturer may comment and ask that those comments be posted. The manufacturer may also ask the Commission to mark parts of a report as confidential; the Commission will redact parts that qualify as trade secrets or other protected information under laws cited. If the Commission plans to post a report, it must make it available on the database by the 10th business day after it sent the report to the manufacturer, with limited pauses: it may delay up to 5 additional days if someone shows the information is materially inaccurate before posting. If the Commission later finds posted information is materially inaccurate or duplicate, it must remove or correct it within 7 business days. If a report lacks a model or serial number, the Commission will ask the reporter for that or a photo; if it gets that, it will forward it to the manufacturer and post the report by the 15th business day after sending the report to the manufacturer. The Commission must send Congress an annual report about the database’s operation, costs, and numbers of reports received, posted, or corrected/removed. Within 2 years after the database is set up, the Comptroller General must report to Congress on how useful the database is and recommend ways to increase public use. Defined term: "harm" means injury, illness, death, or a risk of these, as the Commission decides.