15 U.S.C. § 2065

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 2065 - Inspection and recordkeeping

(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.

15 U.S.C. § 2065

Pub. L. 92-573, §16, Oct. 27, 1972, 86 Stat. 1222; Pub. L. 110-314, title II, §§215, Aug. 14, 2008, 223, Aug. 14, 2008, 122 Stat. 3056, 3069.

EDITORIAL NOTES

AMENDMENTS2008-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 DATESection 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.

Commission: The term "Commission" means the Consumer Product Safety Commission, established by section 2053 of this title.
manufactured: The term "manufactured" means to manufacture, produce, or assemble.
manufacturer: The term "manufacturer" means any person who manufactures or imports a consumer product.
private labeler: The term "private labeler" means an owner of a brand or trademark on the label of a consumer product which bears a private label.
retailer: The term "retailer" means a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer.
importation: The terms "import" and "importation" include reimporting a consumer product manufactured or processed, in whole or in part, in the United States.
distribution in commerce: The terms "to distribute in commerce" and "distribution in commerce" mean to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce.