PRIA, Government Policy, Made Personal

Summary

Allows officers or employees chosen by the Commission to enter and inspect, after showing ID and giving a written notice to the owner or person in charge, factories, warehouses, accredited conformity-assessment bodies (see section 2063(f)(2)(D)), and vehicles used to move consumer products. Inspections must happen at reasonable times, in a reasonable way, and be started and finished promptly. Requires manufacturers, private labelers, and distributors to keep records, make reports, and give information the Commission reasonably requires to carry out the law or check compliance. They must let designated inspectors look at relevant books, records, and papers when asked. Importers, retailers, and distributors must identify a product’s manufacturer when asked, if they know or can easily find out. Manufacturers must identify the retailers or distributors they supplied and the subcontractors and component suppliers involved. The Commission may make rules that make selling, distributing, or importing a product depend on following these inspection and record rules.

Title 15, §2065

Commerce and Trade, Source: USLM XML via OLRC

(a)Inspection

For purposes of implementing this chapter, or rules or orders prescribed under this chapter, officers or employees duly designated by the Commission, upon presenting appropriate credentials and a written notice from the Commission to the owner, operator, or agent in charge, are authorized—

(1)to enter, at reasonable times, (A) any factory, warehouse, or establishment in which consumer products are manufactured or held, in connection with distribution in commerce, (B) any firewalled conformity assessment bodies accredited under section 2063(f)(2)(D) of this title, or (C) any conveyance being used to transport consumer products in connection with distribution in commerce; and

(2)to inspect, at reasonable times and in a reasonable manner such conveyance or those areas of such factory, firewalled conformity assessment body, warehouse, or establishment where such products are manufactured, held, or transported and which may relate to the safety of such products. Each such inspection shall be commenced and completed with reasonable promptness.

(b)Recordkeeping

Every person who is a manufacturer, private labeler, or distributor of a consumer product shall establish and maintain such records, make such reports, and provide such information as the Commission may, by rule, reasonably require for the purposes of implementing this chapter, or to determine compliance with rules or orders prescribed under this chapter. Upon request of an officer or employee duly designated by the Commission, every such manufacturer, private labeler, or distributor shall permit the inspection of appropriate books, records, and papers relevant to determining whether such manufacturer, private labeler, or distributor has acted or is acting in compliance with this chapter and rules under this chapter.

(c)Identification of manufacturers, importers, retailers, and distributors

Upon request by an officer or employee duly designated by the Commission—

(1)every importer, retailer, or distributor of a consumer product (or other product or substance over which the Commission has jurisdiction under this chapter or any other Act) shall identify the manufacturer of that product by name, address, or such other identifying information as the officer or employee may request, to the extent that such information is known or can be readily determined by the importer, retailer, or distributor; and

(2)every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request—

(A)each retailer or distributor to which the manufacturer directly supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this chapter or any other Act);

(B)each subcontractor involved in the production or fabrication of such product or substance; and

(C)each subcontractor from which the manufacturer obtained a component thereof.

(d)Manufacturer’s compliance

The Commission shall, by rule, condition the manufacturing for sale, offering for sale, distribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer’s compliance with the inspection and recordkeeping requirements of this chapter and the Commission’s rules with respect to such requirements.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–314, § 215(c)(1), inserted subsec. heading. Subsec. (a)(1). Pub. L. 110–314, § 215(a)(1), substituted “(B) any firewalled conformity assessment bodies accredited under section 2063(f)(2)(D) of this title, or (C)” for “or (B)”. Subsec. (a)(2). Pub. L. 110–314, § 215(a)(2), inserted “firewalled conformity assessment body,” after “factory,”. Subsec. (b). Pub. L. 110–314, § 215(c)(2), inserted subsec. heading. Subsec. (c). Pub. L. 110–314, § 215(b), added subsec. (c). Subsec. (d). Pub. L. 110–314, § 223(c)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.

§2065 Inspection and Recordkeeping