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15 U.S.C. § 2065 — Inspection and recordkeeping

submitted 54 years ago by Pub. L. 92-573 to r/title-15-COMMERCE-AND-TRADE · 490 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission may inspect places, vehicles, and records connected with consumer products. Manufacturers, private labelers, and distributors must keep required records and identify relevant businesses and subcontractors.

(a) Inspection. To carry out this chapter or its rules and orders, Commission-designated officers or employees may, after showing proper credentials and written notice to the owner, operator, or responsible agent—(1) enter at reasonable times any (A) factory, warehouse, or establishment where consumer products are made or held for distribution in commerce, (B) firewalled conformity-assessment body accredited under section 2063(f)(2)(D) of this title, or (C) vehicle or other conveyance being used to transport consumer products for distribution in commerce; and (2) inspect, at reasonable times and in a reasonable way, that conveyance or the areas of the factory, firewalled conformity-assessment body, warehouse, or establishment where the products are made, held, or transported and that may relate to product safety. Each inspection must start and finish with reasonable promptness. (b) Recordkeeping. Every consumer-product manufacturer, private labeler, or distributor must create and keep the records, make the reports, and provide the information that the Commission reasonably requires by rule to carry out this chapter or determine compliance with its rules and orders. When a Commission-designated officer or employee asks, each such business must allow inspection of appropriate books, records, and papers relevant to whether it has complied or is complying with this chapter and its rules. (c) Identification of manufacturers, importers, retailers, and distributors. When a Commission-designated officer or employee asks: (1) every importer, retailer, or distributor of a consumer product, or another product or substance within the Commission’s authority under this chapter or another Act, must identify the product’s manufacturer by name, address, or other requested identifying information, to the extent the information is known or can readily be determined; and (2) every manufacturer must identify by name, address, or other requested identifying information—(A) each retailer or distributor to which it directly supplied the product or other product or substance; (B) each subcontractor involved in producing or making that product or substance; and (C) each subcontractor from which it obtained a component of it. (d) Manufacturer’s compliance. By rule, the Commission must make a manufacturer’s compliance with this chapter’s and the Commission’s inspection and recordkeeping requirements a condition of manufacturing for sale, offering for sale, distributing in commerce, or importing into the United States a consumer product or other product.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 92–573, § 16, Oct. 27, 1972, 86 Stat. 1222; Pub. L. 110–314, title II, §§ 215, 223(c)(2), Aug. 14, 2008, 122 Stat. 3056, 3069.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-573 · 86 Stat. 1222
  • 2008Amended · Pub. L. 110-314 · 122 Stat. 3056, 3069

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-573 on 1972-10-27.

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