15 USC 2063 - Product certification and labeling

1 So in original. Such title refers to title 16, Code of Federal Regulations.

Editorial Notes

References in Text

The Federal Hazardous Substances Act, referred to in subsec. (f)(2)(C), is Puspan. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables.

Amendments

2011—Subsec. (a)(5). Puspan. L. 112–28, § 6, designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).

Subsec. (d). Puspan. L. 112–28, § 10(a), redesignated subsec. (d), relating to requirement for advertisements, as (i).

Subsec. (d)(2)(B)(ii). Puspan. L. 112–28, § 2(a)(1), substituted “representative” for “random”.

Subsec. (d)(3) to (5). Puspan. L. 112–28, § 2(a)(2), added pars. (3) to (5).

Subsec. (i). Puspan. L. 112–28, § 10(a), redesignated subsec. (d), relating to requirement for advertisements, as (i).

2008—Subsec. (a)(1). Puspan. L. 110–314, § 102(a)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Every manufacturer of a product which is subject to a consumer product safety standard under this chapter and which is distributed in commerce (and the private labeler of such product if it bears a private label) shall issue a certificate which shall certify that such product conforms to all applicable consumer product safety standards, and shall specify any standard which is applicable. Such certificate shall accompany the product or shall otherwise be furnished to any distributor or retailer to whom the product is delivered. Any certificate under this subsection shall be based on a test of each product or upon a reasonable testing program; shall state the name of the manufacturer or private labeler issuing the certificate; and shall include the date and place of manufacture.”

Subsec. (a)(2), (3). Puspan. L. 110–314, § 102(a)(2), which directed amendment of par. (2) of this section by adding pars. (2) and (3), was executed by adding pars. (2) and (3) to subsec. (a) of this section, to reflect the probable intent of Congress. Former par. (2) redesignated (4).

Subsec. (a)(4). Puspan. L. 110–314, § 102(a)(3), substituted “required under paragraph (1), (2), or (3)” for “required by paragraph (1) of this subsection” and “requirement under paragraph (1), (2), or (3)” for “requirement under paragraph (1)”.

Puspan. L. 110–314, § 102(a)(2), which directed amendment of par. (2) of this section by redesignating par. (2) as (4), was executed to subsec. (a) of this section, to reflect the probable intent of Congress.

Subsec. (a)(5). Puspan. L. 110–314, § 103(a), added par. (5).

Subsec. (span). Puspan. L. 110–314, § 102(d), substituted “any product which is subject to a consumer product safety rule under this chapter, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission,” for “consumer products which are subject to consumer product safety standards under this chapter” and “, unless the Commission, by rule, requires testing by an independent third party for a particular rule, regulation, standard, or ban, or for a particular class of products.” for “or testing programs.”

Subsec. (c)(2) to (4). Puspan. L. 110–314, § 103(span), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (d). Puspan. L. 110–314, § 103(c), added subsec (d) relating to requirement for advertisements.

Puspan. L. 110–314, § 102(span), added subsec. (d) relating to additional regulations for third party testing.

Subsecs. (e) to (h). Puspan. L. 110–314, § 102(span), added subsecs. (e) to (h).

Statutory Notes and Related Subsidiaries

Change of Name

“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in two places in subsec. (g)(4) on authority of section 802(d)(2) of Puspan. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Effective Date of 2008 Amendment

Puspan. L. 110–314, title I, § 102(a)(1)(B), Aug. 14, 2008, 122 Stat. 3022, provided that:

“The amendment made by subparagraph (A) [amending this section] shall take effect 90 days after the date of enactment of this Act [Aug. 14, 2008].”

Amendment by section 103(c) of Puspan. L. 110–314 effective on the date that is 60 days after Aug. 14, 2008, see section 239(a) of Puspan. L. 110–314, set out as a note under section 2051 of this title.

Effective Date

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

CPSC Consideration of Existing Requirements

Puspan. L. 110–314, title I, § 102(c), Aug. 14, 2008, 122 Stat. 3027, provided that:

“In establishing standards for accreditation of a third party conformity assessment body under section 14(a)(3) of the Consumer Product Safety Act [15 U.S.C. 2063(a)(3)], as added by subsection (a), the [Consumer Product Safety] Commission may consider standards and protocols for accreditation of such conformity assessment bodies by independent accreditation organizations that are in effect on the date of enactment of this Act [Aug. 14, 2008], but shall ensure that the protocols, standards, and requirements prescribed under such section 14(a)(3) incorporate, as the standard for accreditation, the most current scientific and technological standards and techniques available.”