PART 1115—SUBSTANTIAL PRODUCT HAZARD REPORTS Authority: 15 U.S.C. 2061, 2064, 2065, 2066(a), 2068, 2069, 2070, 2071, 2073, 2076, 2079 and 2084. Source: 43 FR 34998, Aug. 7, 1978, unless otherwise noted. Subpart A—General Interpretation § 1115.1 Purpose. The purpose of this part 1115 is to set forth the Consumer Product Safety Commission's (Commission's) interpretation of the reporting requirements imposed on manufacturers (including importers), distributors, and retailers by section 15(b) of the Consumer Product Safety Act, as amended (CPSA) (15 U.S.C. 2064(b)) and to indicate the actions and sanctions which the Commission may require or impose to protect the public from substantial product hazards, as that term is defined in section 15(a) of the CPSA. § 1115.2 Scope and finding. (a) Section 15(a) of the CPSA (15 U.S.C. 2064(a)) defines substantial product hazard (1) A failure to comply with an applicable consumer product safety rule, which failure creates a substantial risk of injury to the public, or (2) A product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public. (b) Section 15(b) of the CPSA requires every manufacturer (including an importer), distributor, and retailer of a consumer product distributed in commerce who obtains information which reasonably supports the conclusion that the product fails to comply with an applicable consumer product safety rule, fails to comply with a voluntary consumer product safety standard upon which the Commission has relied under section 9 of the CPSA, contains a defect which could create a substantial product hazard described in subsection 15(a)(2) of the CPSA, or creates an unreasonable risk of serious injury or death, immediately to inform the Commission, unless the manufacturer (including an importer), distributor or retailer has actual knowledge that the Commission has been adequately informed of such failure to comply, defect, or risk. This provision indicates that a broad spectrum of safety related information should be reported under section 15(b) of the CPSA. (c) Sections 15 (c) and (d) of the CPSA, (15 U.S.C. 2064(c) and (d)), empower the Commission to order a manufacturer (including an importer), distributor, or retailer of a consumer product distributed in commerce that presents a substantial product hazard to give various forms of notice to the public of the defect or the failure to comply and/or to order the subject firm to elect either to repair, to replace, or to refund the purchase price of such product. However, information which should be reported under section 15(b) of the CPSA does not automatically indicate the presence of a substantial product hazard, because what must be reported under section 15(b) are failures to comply with consumer product safety rules or voluntary standards upon which the Commission has relied under section 9, defects that could create a substantial product hazard, and products which create an unreasonable risk of serious injury or death. (See § 1115.12.) (d) The provisions of this part 1115 deal with all consumer products (including imports) subject to regulation under the Consumer Product Safety Act, as amended (15 U.S.C. 2051-2081) (CPSA), and the Refrigerator Safety Act (15 U.S.C. 1211-1214) (RSA). In addition, the Commission has found that risks of injury to the public from consumer products subject to regulation under the Flammable Fabrics Act (15 U.S.C. 1191-1204) (FFA), the Federal Hazardous Substances Act (15 U.S.C. 1261-1274) (FHSA), and the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471-1476) (PPPA) cannot be eliminated or reduced to a sufficient extent in a timely fashion under those acts. Therefore, pursuant to section 30(d) of the CPSA (15 U.S.C. 2079(d)), manufacturers (including importers), distributors, and retailers of consumer products which are subject to regulation under provisions of the FFA, FHSA, and PPPA must comply with the reporting requirements of section 15(b). [43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34227, Aug. 4, 1992] § 1115.3 Definitions. In addition to the definitions given in section 3 of the CPSA (15 U.S.C. 2052), the following definitions apply: (a) Adequately informed (b) Commission meeting (c) Noncompliance (d) A person (e) Staff (f) Subject firm [43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34227, Aug. 4, 1992] § 1115.4 Defect. Section 15(b)(2) of the CPSA requires every manufacturer (including an importer), distributor, and retailer of a consumer product who obtains information which reasonably supports the conclusion that the product contains a defect which could create a substantial product hazard to inform the Commission of such defect. Thus, whether the information available reasonably suggests a defect is the first determination which a subject firm must make in deciding whether it has obtained information which must be reported to the Commission. In determining whether it has obtained information which reasonably supports the conclusion that its consumer product contains a defect, a subject firm may be guided by the criteria the Commission and staff use in determining whether a defect exists. At a minimum, defect includes the dictionary or commonly accepted meaning of the word. Thus, a defect is a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function. A defect, for example, may be the result of a manufacturing or production error; that is, the consumer product as manufactured is not in the form intended by, or fails to perform in accordance with, its design. In addition, the design of and the materials used in a consumer product may also result in a defect. Thus, a product may contain a defect even if the product is manufactured exactly in accordance with its design and specifications, if the design presents a risk of injury to the public. A design defect may also be present if the risk of injury occurs as a result of the operation or use of the product or the failure of the product to operate as intended. A defect can also occur in a product's contents, construction, finish, packaging, warnings, and/or instructions. With respect to instructions, a consumer product may contain a defect if the instructions for assembly or use could allow the product, otherwise safely designed and manufactured, to present a risk of injury. To assist subject firms in understanding the concept of defect as used in the CPSA, the following examples are offered: (a) An electric appliance presents a shock hazard because, through a manufacturing error, its casing can be electrically charged by full-line voltage. This product contains a defect as a result of manufacturing or production error. (b) Shoes labeled and marketed for long-distance running are so designed that they might cause or contribute to the causing of muscle or tendon injury if used for long-distance running. The shoes are defective due to the labeling and marketing. (c) A kite made of electrically conductive material presents a risk of electrocution if it is long enough to become entangled in power lines and be within reach from the ground. The electrically conductive material contributes both to the beauty of the kite and the hazard it presents. The kite contains a design defect. (d) A power tool is not accompanied by adequate instructions and safety warnings. Reasonably foreseeable consumer use or misuse, based in part on the lack of adequate instructions and safety warnings, could result in injury. Although there are no reports of injury, the product contains a defect because of the inadequate warnings and instructions. (e) An exhaust fan for home garages is advertised as activating when carbon monoxide fumes reach a dangerous level but does not exhaust when fumes have reached the dangerous level. Although the cause of the failure to exhaust is not known, the exhaust fan is defective because users rely on the fan to remove the fumes and the fan does not do so. However, not all products which present a risk of injury are defective. For example, a knife has a sharp blade and is capable of seriously injuring someone. This very sharpness, how- ever, is necessary if the knife is to function adequately. The knife does not contain a defect insofar as the sharpness of its blade is concerned, despite its potential for causing injury, because the risk of injury is outweighed by the usefulness of the product which is made possible by the same aspect which presents the risk of injury. In determining whether the risk of injury associated with a product is the type of risk which will render the product defective, the Commission and staff will consider, as appropriate: The utility of the product involved; the nature of the risk of injury which the product presents; the necessity for the product; the population exposed to the product and its risk of injury; the obviousness of such risk; the adequacy of warnings and instructions to mitigate such risk; the role of consumer misuse of the product and the foreseeability of such misuse; the Commission's own experience and expertise; the case law interpreting Federal and State public health and safety statutes; the case law in the area of products liability; and other factors relevant to the determination. If the information available to a subject firm does not reasonably support the conclusion that a defect exists, the subject firm need not report. However, if the information does reasonably support the conclusion that a defect exists, the subject firm must then consider whether that defect could create a substantial product hazard. (See § 1115.12(f) for factors to be assessed in determining whether a substantial product hazard could exist.) If the subject firm determines that the defect could create a substantial product hazard, the subject firm must report to the Commission. Most defects could present a substantial product hazard if the public is exposed to significant numbers of defective products or if the possible injury is serious or is likely to occur. Since the extent of public exposure and/or the likelihood or seriousness of injury are ordinarily not known at the time a defect first manifests itself, subject firms are urged to report if in doubt as to whether a defect could present a substantial product hazard. On a case-by-case basis the Commission and the staff will determine whether a defect within the meaning of section 15 of the CPSA does, in fact, exist and whether that defect presents a substantial product hazard. Since a consumer product may be defective even if it is designed, manufactured, and marketed exactly as intended by a subject firm, subject firms should report if in doubt as to whether a defect exists. Defect, as discussed in this section and as used by the Commission and staff, pertains only to interpreting and enforcing the Consumer Product Safety Act. The criteria and discussion in this section are not intended to apply to any other area of the law. [43 FR 34998, Aug. 7, 1978, as amended at 71 FR 42030, July 25, 2006] § 1115.5 Reporting of failures to comply with a voluntary consumer product safety standard relied upon by the Commission under section 9 of the CPSA. (a) General provision. Federal Register (b) Reporting requirement. Federal Register. [57 FR 34228, Aug. 4, 1992; 57 FR 39597, Sept. 1, 1992] § 1115.6 Reporting of unreasonable risk of serious injury or death. (a) General provision. per se (b) Unreasonable risk. (c) Serious injury or death. [57 FR 34228, Aug. 4, 1992] § 1115.7 Relation to other provisions. The reporting requirements of section 37 of the CPSA (15 U.S.C. 2084) are in addition to the requirement in section 15 of the CPSA. Section 37 requires a product manufacturer to report certain kinds of lawsuit information. It is intended as a supplement to, not a substitute for, the requirements of section 15(b) of the CPSA. Whether or not a firm has an obligation to provide information under section 37, it must consider whether it has obtained information which reasonably supports the conclusion that its product violates a consumer product safety rule, does not comply with a voluntary safety standard upon which the Commission has relied under section 9, contains a defect which could create a substantial product hazard, or creates an unreasonable risk of serious injury or death. If a firm has obtained such information, it must report under section 15(b) of the CPSA, whether or not it is required to report under section 37. Further, in many cases the Commission would expect to receive reports under section 15(b) long before the obligation to report under section 37 arises since firms have frequently obtained reportable information before settlements or judgments in their product liability lawsuits. [57 FR 34229, Aug. 4, 1992] § 1115.8 Compliance with product safety standards. (a) Voluntary standards. (b) Mandatory standards. [71 FR 42030, July 25, 2006] § 1115.9 [Reserved] § 1115.10 Persons who must report and where to report. (a) Every manufacturer (including importer), distributor, or retailer of a consumer product that has been distributed in commerce who obtains information that such consumer product contains a defect which could create a substantial risk of injury to the public shall immediately notify the Office of Compliance, Division of Corrective Actions, Consumer Product Safety Commission, Washington, DC 20207 (telephone: 301-504-0608), or such other persons as may be designated. Manufacturers (including importers), distributors, and retailers of consumer products subject to regulation by the Commission under provisions of the FFA, FHSA, PPPA, as well as consumer products subject to regulation under the CPSA and RSA, must comply with this requirement. (b) Every manufacturer (including importer), distributor, or retailer of a consumer product that has been distributed in commerce who obtains information that such consumer product fails to comply with an applicable consumer product safety standard or ban issued under the CPSA shall immediately notify the Commission's Office of Compliance and Enforcement, Division of Corrective Actions or such other persons as may be designated. A subject firm need not report a failure to comply with a standard or regulation issued under the provisions of the RSA, FFA, FHSA, or PPPA unless it can be reasonably concluded that the failure to comply results in a defect which could create a substantial product hazard. (See paragraph (a) of this section.) (c) Every manufacturer (including importer), distributor, and retailer of a consumer product that has been distributed in commerce who obtains information that such consumer product fails to comply with a voluntary consumer product safety standard upon which the Commission has relied under section 9 of the CPSA, shall immediately notify the Commission's Office of Compliance and Enforcement, Division of Corrective Actions or such other persons as may be designated. (d) Every manufacturer (including importer), distributor, and retailer of a consumer product that has been distributed in commerce who obtains information that such consumer product creates an unreasonable risk of serious injury or death shall immediately notify the Commission's Office of Compliance and Enforcement, Division of Corrective Actions or such other persons as may be designated. This obligation applies to manufacturers, distributors and retailers of consumer products subject to regulation by the Commission under the Flammable Fabrics Act, Federal Hazardous Substances Act, Poison Prevention Packaging Act, and Refrigerator Safety Act as well as products subject to regulation under the CPSA. (e) A distributor or retailer of a consumer product (who is neither a manufacturer nor an importer of that product) is subject to the reporting requirements of section 15(b) of the CPSA but may satisfy them by following the procedure detailed in § 1115.13(b). (f) A manufacturer (including an importer), distributor, or retailer need not inform the Commission under section 15(b) of the CPSA if that person has actual knowledge that the Commission has been adequately informed of the defect or failure to comply. (See section 15(b) of the CPSA.) [43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34229, Aug. 4, 1992; 62 FR 46667, Sept. 4, 1997] § 1115.11 Imputed knowledge. (a) In evaluating whether or when a subject firm should have reported, the Commission will deem a subject firm to have obtained reportable information when the information has been received by an official or employee who may reasonably be expected to be capable of appreciating the significance of the information. (See § 1115.14(b).) (b) In evaluating whether or when a subject firm should have reported, the Commission will deem a subject firm to know what a reasonable person acting in the circumstances in which the firm finds itself would know. Thus, the subject firm shall be deemed to know what it would have known if it had exercised due care to ascertain the truth of complaints or other representations. This includes the knowledge a firm would have if it conducted a reasonably expeditious investigation in order to evaluate the reportability of a death or grievous bodily injury or other information. (See § 1115.14.) § 1115.12 Information which should be reported; evaluating substantial product hazard. (a) General. (b) Failure to comply. (c) Unreasonable risk of serious injury or death. (d) Death or grievous bodily injury. (e) Other information indicating a defect or noncompliance. (f) Information which should be studied and evaluated. (1) Information about engineering, quality control, or production data. (2) Information about safety-related production or design change(s). (3) Product liability suits and/or claims for personal injury or damage. (4) Information from an independent testing laboratory. (5) Complaints from a consumer or consumer group. (6) Information received from the Commission or other governmental agency. (7) Information received from other firms, including requests to return a product or for replacement or credit. This includes both requests made by distributors and retailers to the manufacturer and requests from the manufacturer that products be returned. (g) Evaluating substantial risk of injury. (1) Hazard created by defect. (i) Pattern of defect. (ii) Number of defective products distributed in commerce. (iii) Severity of the risk. (iv) Other considerations. (2) Hazard presented by noncompliance. [43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34229, Aug. 4, 1992; 66 FR 54925, Oct. 31, 2001; 71 FR 42031, July 25, 2006] § 1115.13 Content and form of reports; delegations of authority. (a) Written reports. Delegation of Authority (Name of company) _________. I ________ hereby certify that I am Chief Executive Officer of the above-named company and that as such I am authorized to sign documents and to certify on behalf of said company the accuracy and completeness of information in such documents. Pursuant to the power vested in me, I hereby delegate all or, to the extent indicated below, a portion of that authority to the person listed below. This delegation is effective until revoked in writing. Authority delegated to: (Name) (Address) (Title) Extent of authority: ___________ Signed: (Name) (Address) (Title) (b) Distributors and retailers. (c) Initial report. (1) An identification and description of the product. (2) The name and address of the manufacturer (or importer) or, if the manufacturer or importer is not known, the names and addresses of all known distributors and retailers of the product. (3) The nature and extent of the possible defect, the failure to comply, or the risk. (4) The nature and extent of the injury or risk of injury associated with the product. (5) The name and address of the person informing the Commission. (6) To the extent such information is then reasonably available, the data specified in § 1115.13(d). (d) Full report. (1) The name, address, and title of the person submitting the “full report” to the Commission. (2) The name and address of the manufacturer (or importer) of the product and the addresses of the manufacturing plants for that product. (3) An identification and description of the product(s). Give retail prices, model numbers, serial numbers, and date codes. Describe any identifying marks and their location on the product. Provide a picture or a sample of the product. (4) A description of the nature of the defect, failure to comply, or risk. If technical drawings, test results, schematics, diagrams, blueprints, or other graphic depictions are available, attach copies. (5) The nature of the injury or the possible injury associated with the product defect, failure to comply, or risk. (6) The manner in which and the date when the information about the defect, noncompliance, or risk (e.g., complaints, reported injuries, quality control testing) was obtained. If any complaints related to the safety of the product or any allegations or reports of injuries associated with the product have been received, copies of such complaints or reports (or a summary thereof) shall be attached. Give a chronological account of facts or events leading to the report under section 15(b) of the CPSA, beginning with receipt of the first information which ultimately led to the report. Also included may be an analysis of these facts or events. (7) The total number of products and units involved. (8) The dates when products and units were manufactured, imported, distributed, and sold at retail. (9) The number of products and units in each of the following: in the possession of the manufacturer or importer, in the possession of private labelers, in the possession of distributors, in the possession of retailers, and in the possession of consumers. (10) An explanation of any changes (e.g., designs, adjustments, and additional parts, quality control, testing) that have been or will be effected to correct the defect, failure to comply, or risk and of the steps that have been or will be taken to prevent similar occurrences in the future together with the timetable for implementing such changes and steps. (11) Information that has been or will be given to purchasers, including consumers, about the defect, noncompliance, or risk with a description of how this information has been or will be communicated. This shall include copies or drafts of any letters, press releases, warning labels, or other written information that has been or will be given to purchasers, including consumers. (12) The details of and schedule for any contemplated refund, replacement, or repair actions, including plans for disposing of returned products (e.g., repair, destroy, return to foreign manufacturer). (13) A detailed explanation and description of the marketing and distribution of the product from the manufacturer (including importer) to the consumer (e.g., use of sales representatives, independent contractors, and/or jobbers; installation of the product, if any, and by whom). (14) Upon request, the names and addresses of all distributors, retailers, and purchasers, including consumers. (15) Such further information necessary or appropriate to the functions of the Commission as is requested by the staff. [43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34229, Aug. 4, 1992] § 1115.14 Time computations. (a) General. (b) Imputing knowledge. (c) Time when obligation to report arises. (d) Time for investigation and evaluation. (e) Time to report. [43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34230, Aug. 4, 1992] § 1115.15 Confidentiality and disclosure of data. (a) General. (b) Freedom of Information Act. (c) Section 6(b) of the CPSA. Subpart B—Remedial Actions and Sanctions § 1115.20 Voluntary remedial actions. As appropriate, the Commission will attempt to protect the public from substantial product hazards by seeking one or more of the following voluntary remedies: (a) Corrective action plans. (1) Corrective action plans shall include, as appropriate: (i) A statement of the nature of the alleged hazard associated with the product, including the nature of the alleged defect or noncompliance and type(s) of injury or potential injury presented. (ii) A detailed statement of the means to be employed to notify the public of the alleged product hazard (e.g., letter, press release, advertising), including an identification of the classes of persons who will receive such notice and a copy or copies of the notice or notices to be used. (iii) A specification of model number and/or other appropriate descriptions of the product. (iv) Any necessary instructions regarding use or handling of the product pending correction. (v) An explanation of the specific cause of the alleged substantial product hazard, if known. (vi) A statement of the corrective action which will be or has been taken to eliminate the alleged substantial product hazard. The firm should indicate whether it is repairing or replacing the product or refunding its purchase price. If products are to be returned to a subject firm, the corrective action plan should indicate their disposition (e.g., reworked, destroyed, returned to foreign manufacturer). Samples of replacement products and relevant drawings and test data for repairs or replacements should be available. (vii) A statement of the steps that will be, or have been, taken to reasonably prevent recurrence of the alleged substantial product hazard in the future. (viii) A statement of the action which will be undertaken to correct product units in the distribution chain, including a timetable and specific information about the number and location of such units. (ix) The signatures of representatives of the subject firm. (x) An acknowledgment by the subject firm that the Commission may monitor the corrective action and that the firm will furnish necessary information, including customer lists. (xi) An agreement that the Commission may publicize the terms of the plan to the extent necessary to inform the public of the nature and extent of the alleged substantial product hazard and of the actions being undertaken to correct the alleged hazard presented. (xii) Additional points of agreement, as appropriate. (xiii) If desired by the subject firm, the following statement or its equivalent: “The submission of this corrective action plan does not constitute an admission by (the subject firm) that either reportable information or a substantial product hazard exists.” (xiv) An acknowledgment that the corrective action plan becomes effective only upon its final acceptance by the Commission. (2) In determining whether to recommend to the Commission acceptance of a corrective action plan, the staff shall consider favorably both the promptness of the subject firm's reporting and any remedial actions taken by the subject firm in the interest of public safety. The staff also shall consider, insofar as possible, prior involvement by the subject firm in corrective action plans and Commission orders if such involvement bears on the likelihood that the firm will comply fully with the terms of the corrective action plan. (3) Upon receipt of a corrective action plan and staff recommendation, the Commission may: (i) Approve the plan; (ii) Reject the plan and issue a complaint (in which case an administrative and/or judicial proceeding will be commenced); or (iii) Take any other action necessary to insure that the plan is adequate. (4) When time permits and where practicable in the interest of protecting the public, a summary of the plan shall be published in the Commission's Public Calendar. Those portions of the plan that are not restricted will be made available to the public in the Commission's public reading room as much in advance of the Commission meeting as practicable. Any interested person wishing to comment on the plan must file a Notice of Intent to Comment at least forty-eight (48) hours prior to the commencement of the Commission meeting during which the plan will be discussed. If no notices of intent are received, the Commission may take final action on the plan. If such notice is received within the time limits detailed above, the plan will, if practicable, be docketed for the following week's agenda. All comments must be in writing, and final written comments must be submitted at least forty-eight (48) hours before that session. (b) Consent order agreements under section 15 of CPSA. (1) Consent order agreements shall include, as appropriate: (i) An admission of all jurisdictional facts by the Consenting Party. (ii) A waiver of any rights to an administrative or judicial hearing and of any other procedural steps, including any rights to seek judicial review or otherwise challenge or contest the validity of the Commission's Order. (iii) A statement that the agreement is in settlement of the staff's charges. (iv) A statement that the Commission's Order is issued under section 15 of the CPSA (15 U.S.C. 2064) and that a violation is a prohibited act within the meaning of section 19(a)(5) of the CPSA (15 U.S.C. 2068(a)(5)) and may subject a violator to civil and/or criminal penalties under sections 20 and 21 of the CPSA (15 U.S.C. 2069 and 2070). (v) An acknowledgment that the Commission reserves its right to seek sanctions for any violations of the reporting obligations of section 15(b) of CPSA (15 U.S.C. 2064(b)) and its right to take other appropriate legal action. (vi) An acknowledgment that the agreement becomes effective only upon its final acceptance by the Commission and its service upon the Consenting Party. (vii) An acknowledgment that the Commission may disclose terms of the consent order agreement to the public. (viii) A listing of the acts or practices from which the Consenting Party will refrain. (ix) A statement that the Consenting Party shall perform certain acts and practices pursuant to the agreement. (x) An acknowledgment that any interested person may bring an action pursuant to section 24 of the CPSA (15 U.S.C. 2073) in any U.S. district court for the district in which the Consenting Party is found or transacts business to enforce the order and to obtain appropriate injunctive relief. (xi) A description of the alleged substantial product hazard. (xii) If desired by the Consenting Party, the following statement or its equivalent: “The signing of this consent order agreement does not constitute an admission by (the Consenting Party) that either reportable information or a substantial product hazard exists.” (xiii) The elements of a corrective action plan as set forth in § 1115.20(a). (2) At any time in the course of an investigation, the staff may propose to a subject firm which is being investigated that some or all of the allegations be resolved by a consent order agreement. Additionally, such a proposal may be made to the staff by a subject firm. (3) Upon receiving an executed agreement, the Commission may: (i) Provisionally accept it; (ii) Reject it and issue a complaint (in which case an administrative and/or judicial proceeding will be commenced); or (iii) Take such other action as it may deem appropriate. (4) If the consent order agreement is provisionally accepted, the Commission shall place the agreement on the public record and shall announce provisional acceptance of the agreement in the Commission's public calendar and in the Federal Register. Federal Register. (5) If the Commission does not receive any requests not to accept the agreement within the time period specified above, the consent order agreement shall be deemed finally accepted by the Commission on the twentieth (20th) calendar day after the date of announcement in the Federal Register, (6) If the Commission does not accept the consent order agreement on a final basis, it shall so notify the Consenting Party. Such notification constitutes withdrawal of the Commission's provisional acceptance unless the Commission orders otherwise. The Commission then may: (i) Issue a complaint, in which case an administrative and/or judicial proceeding will be commenced; (ii) Order further investigation; or (iii) Take such other action as it may deem appropriate. § 1115.21 Compulsory remedial actions. As appropriate, the Commission will attempt to protect the public from hazards presented by consumer products by seeking one or more of the following: (a) Adjudicated Commission Order. (b) Injunctive relief. (c) Judicial determination of imminent hazard. (d) Orders of the Secretary of the Treasury. § 1115.22 Prohibited acts and sanctions. (a) Statements generally. (b) Timeliness and adequacy of reporting. (c) Failure to make reports. (d) Noncomplying products. (e) Orders issued under section 15 (c) and/or (d). (f) Consequences of engaging in prohibited acts. Subpart C—Guidelines and Requirements for Mandatory Recall Notices Source: 75 FR 3371, Jan. 21, 2010, unless otherwise noted. § 1115.23 Purpose. (a) The Commission establishes these guidelines and requirements for recall notices as required by section 15(i) of the Consumer Product Safety Act, as amended (CPSA) (15 U.S.C. 2064(i)). The guidelines and requirements set forth the information to be included in a notice required by an order under sections 12, 15(c), or 15(d) of the CPSA (15 U.S.C. 2061, 2064(c), or 2064(d)). Unless otherwise ordered by the Commission under section 15(c) or (d) of the CPSA (15 U.S.C. 2064(c) or (d)), or by a United States district court under section 12 of the CPSA (15 U.S.C. 2061), the content information required in this subpart must be included in every such notice. (b) The Commission establishes these guidelines and requirements to ensure that every recall notice effectively helps consumers and other persons to: (1) Identify the specific product to which the recall notice pertains; (2) Understand the product's actual or potential hazards to which the recall notice pertains, and information relating to such hazards; and (3) Understand all remedies available to consumers concerning the product to which the recall notice pertains. § 1115.24 Applicability. This subpart applies to manufacturers (including importers), retailers, and distributors of consumer products as those terms are defined herein and in the CPSA. § 1115.25 Definitions. In addition to the definitions given in section 3 of the CPSA (15 U.S.C. 2052), the following definitions apply: (a) Recall (b) Recall notice (c) Direct recall notice (d) Firm (e) Other persons § 1115.26 Guidelines and policies. (a) General. (2) A recall notice should be written in language designed for, and readily understood by, the targeted consumers or other persons. The language should be simple and should avoid or minimize the use of highly technical or legal terminology. (3) A recall notice should be targeted and tailored to the specific product and circumstances. In determining the form and content of a recall notice, the manner in which the product was advertised and marketed should be considered. (4) A direct recall notice is the most effective form of a recall notice. (5) At least two of the recall notice forms listed in subsection (b) should be used. (b) Form of recall notice Possible forms. (i) Letter, Web site posting, electronic mail, RSS feed, or text message; (ii) Computer, radio, television, or other electronic transmission or medium; (iii) Video news release, press release, recall alert, Web stream, or other form of news release; (iv) Newspaper, magazine, catalog, or other publication; and (v) Advertisement, newsletter, and service bulletin. (2) Direct recall notice. (3) Web site recall notice. (c) Languages. § 1115.27 Recall notice content requirements. Except as provided in § 1115.29, every recall notice must include the information set forth below: (a) Terms. (b) Date. (c) Description of product. (1) The product's names, including informal and abbreviated names, by which consumers and other persons should know or recognize the product; (2) The product's intended or targeted use population ( e.g. (3) The product's colors and sizes; (4) The product's model numbers, serial numbers, date codes, stock keeping unit (SKU) numbers, and tracking labels, including their exact locations on the product; (5) Identification and exact locations of product tags, labels, and other identifying parts, and a statement of the specific identifying information found on each part; and (6) Product photographs. A firm must provide photographs. Each photograph must be electronic or digital, in color, of high resolution and quality, and in a format readily transferable with high quality to a Web site or other appropriate medium. As needed for effective notification, multiple photographs and photograph angles may be required. (d) Description of action being taken. (e) Statement of number of product units. (f) Description of substantial product hazard. (1) The product defect, fault, failure, flaw, and/or problem giving rise to the recall; and (2) The type of hazard or risk, including, by way of example only, burn, fall, choking, laceration, entrapment, and/or death. (g) Identification of recalling firm. (h) Identification of manufacturers. (i) Identification of significant retailers. (1) The retailer was the exclusive retailer of the product; (2) The retailer was an importer of the product; (3) The retailer has stores nationwide or regionally-located; (4) The retailer sold, or held for purposes of sale or distribution in commerce, a significant number of the total manufactured, imported, or distributed units of the product; or (5) Identification of the retailer is in the public interest. (j) Region. (k) Dates of manufacture and sale. (l) Price. (m) Description of incidents, injuries, and deaths. (n) Description of remedy. (1) Each remedy available to a consumer for the product conditions or circumstances giving rise to the recall. Remedies include, but are not limited to, refunds, product repairs, product replacements, rebates, coupons, gifts, premiums, and other incentives. (2) All specific actions that a consumer must take to obtain each remedy, including, but not limited to, instructions on how to participate in the recall. These actions may include, but are not limited to, contacting a firm, removing the product from use, discarding the product, returning part or all of the product, or removing or disabling part of the product. (3) All specific information that a consumer needs in order to obtain each remedy and to obtain all information about each remedy. This information may include, but is not limited to, the following: Manufacturer, retailer, and distributor contact information (such as name, address, telephone and facsimile numbers, e-mail address, and Web site address); whether telephone calls will be toll-free or collect; and telephone number days and hours of operation including time zone. (o) Other information. § 1115.28 Multiple products or models. For each product or model covered by a recall notice, the notice must meet the requirements of this subpart. § 1115.29 Final determination regarding form and content. (a) Commission or court discretion. (b) Recall notice exceptions. (c) Commission approval. Appendix to Part 1115—Voluntary Standards on Which the Commission Has Relied Under Section 9 of the Consumer Product Safety Act The following are the voluntary standards on which the Commission has relied under section 9 of the Consumer Product Safety Act: 1. American National Standard for Power Tools—Gasoline-Powered Chain Saws—Safety Regulations, ANSI B175.1-1985 sections 4.9.4, 4.12, 4.15, 7 and 8, or the current version: ANSI B175.1-1991 sections 5.9.4, 5.12, 5.15, 8 and 9. 2. American National Standard for Gas-Fired Room Heaters, Volume II, Unvented Room Heaters, ANSI Z21.11.2-1989 and addenda ANSI Z21.11.2 a and b- 1991), sections 1.8, 1.20.9, and 2.9. [57 FR 34230, Aug. 4, 1992]