PUBLIC LAW 112–28—AUG. 12, 2011 125 STAT. 273 

Public Law 112–28 

112th Congress 

An Act 

To provide the Consumer Product Safety Commission with greater authority and 

discretion in enforcing the consumer product safety laws, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. LIMITATION ON LEAD IN CHILDREN’S PRODUCTS. 

(a) PROSPECTIVE APPLICATION OF LEAD LIMIT FOR CHILDREN’S

PRODUCTS.—Section 101(a) of the Consumer Product Safety 

Improvement Act of 2008 (15 U.S.C. 1278a(a)) is amended by adding 

at the end the following: 

‘‘(3) APPLICATION.—Each limit set forth in paragraph (2) 

(except for the limit set forth in subparagraphs (A) and (B)) 

shall apply only to a children’s product (as defined in section 

3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a))) 

that is manufactured after the effective date of such respective 

limit.’’. 

(b) ALTERNATIVE LIMITS AND EXCEPTIONS.—Section 101(b) of 

such Act (15 U.S.C. 1278a(b)(1)) is amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) FUNCTIONAL PURPOSE EXCEPTION.— 

‘‘(A) IN GENERAL.—The Commission, on its own initiative or upon petition by an interested party, shall grant 

an exception to the limit in subsection (a) for a specific 

product, class of product, material, or component part if 

the Commission, after notice and a hearing, determines 

that— 

‘‘(i) the product, class of product, material, or 

component part requires the inclusion of lead because 

it is not practicable or not technologically feasible to 

manufacture such product, class of product, material, 

or component part, as the case may be, in accordance 

with subsection (a) by removing the excessive lead 

or by making the lead inaccessible; 

‘‘(ii) the product, class of product, material, or 

component part is not likely to be placed in the mouth 

or ingested, taking into account normal and reasonably 

foreseeable use and abuse of such product, class of 

product, material, or component part by a child; and 

‘‘(iii) an exception for the product, class of product, 

material, or component part will have no measurable 

adverse effect on public health or safety, taking into 

account normal and reasonably foreseeable use and 

abuse. 

Notice. 

Aug. 12, 2011 

[H.R. 2715] 


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125 STAT. 274 PUBLIC LAW 112–28—AUG. 12, 2011 

‘‘(B) MEASUREMENT.—For purposes of subparagraph 

(A)(iii), there is no measurable adverse effect on public 

health or safety if the exception described in subparagraph 

(A) will result in no measurable increase in blood lead 

levels of a child. The Commission may adopt an alternative 

method of measurement other than blood lead levels if 

it determines, after notice and a hearing, that such alternative method is a better scientific method for measuring 

adverse effect on public health and safety. 

‘‘(C) PROCEDURES FOR GRANTING EXCEPTION.— ‘‘(i) BURDEN OF PROOF.—A party seeking an exception under subparagraph (A) has the burden of demonstrating that it meets the requirements of such 

subparagraph. 

‘‘(ii) GROUNDS FOR DECISION.—In the case where 

a party has petitioned for an exception, in determining 

whether to grant the exception, the Commission may 

base its decision solely on the materials presented 

by the party seeking the exception and any materials 

received through notice and a hearing. 

‘‘(iii) ADMISSIBLE EVIDENCE.—In demonstrating 

that it meets the requirements of subparagraph (A), 

a party seeking an exception under such subparagraph 

may rely on any nonproprietary information submitted 

by any other party seeking such an exception and 

such information shall be considered part of the record 

presented by the party that relies on that information. 

‘‘(iv) SCOPE OF EXCEPTION.—If an exception is 

sought for an entire product, the burden is on the 

petitioning party to demonstrate that the criteria in 

subparagraph (A) are met with respect to every accessible component or accessible material of the product. 

‘‘(D) LIMITATION ON EXCEPTION.—If the Commission 

grants an exception for a product, class of product, material, 

or component part under subparagraph (A), the Commission may, as necessary to protect public health or safety— 

‘‘(i) establish a lead limit that such product, class 

of product, material, or component part may not 

exceed; or 

‘‘(ii) place a manufacturing expiration date on such 

exception or establish a schedule after which the manufacturer of such product, class of product, material, 

or component part shall be in full compliance with 

the limit established under clause (i) or the limit set 

forth in subsection (a). 

‘‘(E) APPLICATION OF EXCEPTION.—An exception under 

subparagraph (A) for a product, class of product, material, 

or component part shall apply regardless of the date of 

manufacture unless the Commission expressly provides 

otherwise. 

‘‘(F) PREVIOUSLY SUBMITTED PETITIONS.—A party 

seeking an exception under this paragraph may rely on 

materials previously submitted in connection with a petition for exclusion under this section. In such cases, petitioners must notify the Commission of their intent to rely 

on materials previously submitted. Such reliance does not 

affect petitioners’ obligation to demonstrate that they meet 


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PUBLIC LAW 112–28—AUG. 12, 2011 125 STAT. 275 

all requirements of this paragraph as required by subparagraph (C)(i).’’; 

(2) in paragraph (2)(A), by striking ‘‘include to,’’ and 

inserting ‘‘include’’; and 

(3) by redesignating paragraph (5) as paragraph (8) and 

inserting after paragraph (4) the following: 

‘‘(5) EXCEPTION FOR OFF-HIGHWAY VEHICLES.— 

‘‘(A) IN GENERAL.—Subsection (a) shall not apply to 

an off-highway vehicle. 

‘‘(B) OFF-HIGHWAY VEHICLE DEFINED.—For purposes of 

this section, the term ‘off-highway vehicle’— 

‘‘(i) means any motorized vehicle— 

‘‘(I) that is manufactured primarily for use 

off public streets, roads, and highways; 

‘‘(II) designed to travel on 2, 3, or 4 wheels; 

and 

‘‘(III) that has either— 

‘‘(aa) a seat designed to be straddled by 

the operator and handlebars for steering control; or 

‘‘(bb) a nonstraddle seat, steering wheel, 

seat belts, and roll-over protective structure; 

and 

‘‘(ii) includes a snowmobile. 

‘‘(6) BICYCLES AND RELATED PRODUCTS.—In lieu of the lead 

limits established in subsection (a)(2), the limits set forth for 

each respective material in the notice of the Commission entitled ‘Notice of Stay of Enforcement Pertaining to Bicycles and 

Related Products’, published June 30, 2009 (74 Fed. Reg. 

31254), shall apply to any metal component part of the products 

to which the stay of enforcement described in such notice 

applies, except that after December 31, 2011, the limits set 

forth in such notice shall not be more than 300 parts per 

million total lead content by weight for any metal component 

part of the products to which such stay pertains. 

‘‘(7) EXCLUSION OF CERTAIN USED CHILDREN’S PRODUCTS.— 

‘‘(A) GENERAL EXCLUSION.—The lead limits established 

under subsection (a) shall not apply to a used children’s 

product. 

‘‘(B) DEFINITION.—In this paragraph, the term ‘used 

children’s product’ means a children’s product (as defined 

in section 3(a) of the Consumer Product Safety Act (15 

U.S.C. 2052(a)) that was obtained by the seller for use 

and not for the purpose of resale or was obtained by the 

seller, either directly or indirectly, from a person who 

obtained such children’s product for use and not for the 

purpose of resale. Such term also includes a children’s 

product that was donated to the seller for charitable distribution or resale to support charitable purposes. Such 

term shall not include— 

‘‘(i) children’s metal jewelry; 

‘‘(ii) any children’s product for which the donating 

party or the seller has actual knowledge that the 

product is in violation of the lead limits in this section; 

or 

Applicability. 

Effective date. 


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125 STAT. 276 PUBLIC LAW 112–28—AUG. 12, 2011 

‘‘(iii) any other children’s product or product category that the Commission determines, after notice 

and a hearing. 

For purposes of this definition, the term ‘seller’ includes 

a person who lends or donates a used children’s product.’’. 

SEC. 2. APPLICATION OF THIRD PARTY TESTING REQUIREMENTS. 

(a) IN GENERAL.—Section 14(d) of the Consumer Product Safety 

Act (15 U.S.C. 2063(d)) is amended— 

(1) in paragraph (2)(B)(ii), by striking ‘‘random’’ and 

inserting ‘‘representative’’; and 

(2) by adding at the end the following: 

‘‘(3) REDUCING THIRD PARTY TESTING BURDENS.— ‘‘(A) ASSESSMENT.—Not later than 60 days after the 

date of enactment of this paragraph, the Commission shall 

seek public comment on opportunities to reduce the cost 

of third party testing requirements consistent with assuring 

compliance with any applicable consumer product safety 

rule, ban, standard, or regulation. The request for public 

comment shall include the following: 

‘‘(i) The extent to which the use of materials subject 

to regulations of another government agency that 

requires third party testing of those materials may 

provide sufficient assurance of conformity with an 

applicable consumer product safety rule, ban, standard, 

or regulation without further third party testing. 

‘‘(ii) The extent to which modification of the certification requirements may have the effect of reducing 

redundant third party testing by or on behalf of 2 

or more importers of a product that is substantially 

similar or identical in all material respects. 

‘‘(iii) The extent to which products with a substantial number of different components subject to third 

party testing may be evaluated to show compliance 

with an applicable rule, ban, standard, or regulation 

by third party testing of a subset of such components 

selected by a third party conformity assessment body. 

‘‘(iv) The extent to which manufacturers with a 

substantial number of substantially similar products 

subject to third party testing may reasonably make 

use of sampling procedures that reduce the overall 

test burden without compromising the benefits of third 

party testing. 

‘‘(v) The extent to which evidence of conformity 

with other national or international governmental 

standards may provide assurance of conformity to consumer product safety rules, bans, standards, or regulations applicable under this Act. 

‘‘(vi) The extent to which technology, other than 

the technology already approved by the Commission, 

exists for third party conformity assessment bodies 

to test or to screen for testing consumer products subject to a third party testing requirement. 

‘‘(vii) Other techniques for lowering the cost of 

third party testing consistent with assuring compliance 

with the applicable consumer product safety rules, 

bans, standards, and regulations. 

Deadline. 

Public comment. 


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PUBLIC LAW 112–28—AUG. 12, 2011 125 STAT. 277 

‘‘(B) REGULATIONS.—Following the public comment 

period described in subparagraph (A), but not later than 

1 year after the date of enactment of this paragraph, the 

Commission shall review the public comments and may 

prescribe new or revised third party testing regulations 

if it determines that such regulations will reduce third 

party testing costs consistent with assuring compliance 

with the applicable consumer product safety rules, bans, 

standards, and regulations. 

‘‘(C) REPORT.—If the Commission determines that it 

lacks authority to implement an opportunity for reducing 

the costs of third-party testing consistent with assuring 

compliance with the applicable consumer product safety 

rules, bans, standards, and regulations, it shall transmit 

a report to Congress reviewing those opportunities, along 

with any recommendations for any legislation to permit 

such implementation. 

‘‘(4) SPECIAL RULES FOR SMALL BATCH MANUFACTURERS.— 

‘‘(A) SPECIAL CONSIDERATION; EXEMPTION.— 

‘‘(i) CONSIDERATION; ALTERNATIVE REQUIREMENTS.—Subject to subparagraph (C), in implementing 

third party testing requirements under this section, 

the Commission shall take into consideration any economic, administrative, or other limits on the ability 

of small batch manufacturers to comply with such 

requirements and shall, after notice and a hearing, 

provide alternative testing requirements for covered 

products manufactured by small batch manufacturers 

in lieu of those required under subsection (a) or (b). 

Any such alternative requirements shall provide for 

reasonable methods to assure compliance with any 

applicable consumer product safety rule, ban, standard, 

or regulation. The Commission may allow such alternative testing requirements for small batch manufacturers with respect to a specific product or product 

class or with respect to a specific safety rule, ban, 

standard, or regulation, or portion thereof. 

‘‘(ii) EXEMPTION.—If the Commission determines 

that no alternative testing requirement is available 

or economically practicable, it shall exempt small batch 

manufacturers from third party testing requirements 

under subsections (a) and (b). 

‘‘(iii) CERTIFICATION.—In lieu of or as part of any 

alternative testing requirements provided under clause 

(i), the Commission may allow certification of a product 

to an applicable consumer product safety rule, ban, 

standard, or regulation, or portion thereof, based on 

documentation that the product complies with another 

national or international governmental standard or 

safety requirement that the Commission determines 

is the same or more stringent than the consumer 

product safety rule, ban, standard, or regulation, or 

portion thereof. Any such certification shall only be 

allowed to the extent of the equivalency with a consumer product safety rule, ban, standard, or regulation 

and not to any other part of the consumer product 

safety rule, ban, standard, or regulation. 

Recommendations. 

Deadline. 


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125 STAT. 278 PUBLIC LAW 112–28—AUG. 12, 2011 

‘‘(iv) RESTRICTION.—Except as provided in subparagraph (C), and except where the Commission determines that the manufacturer does not meet the definition of a small batch manufacturer, for any small batch 

manufacturer registered pursuant to subparagraph (B), 

the Commission may not require third party testing 

of a covered product by a third party conformity assessment body until the Commission has provided either 

an alternative testing requirement or an exemption 

in accordance with clause (i) or (ii), respectively. 

‘‘(B) REGISTRATION.—Any small batch manufacturer 

that utilizes alternative requirements or an exemption 

under this paragraph shall register with the Commission 

prior to using such alternative requirements or exemptions 

pursuant to any guidelines issued by the Commission to 

carry out this requirement. 

‘‘(C) LIMITATION.—The Commission shall not provide 

or permit to continue in effect any alternative requirements 

or exemption from third party testing requirements under 

this paragraph where it determines, based on notice and 

a hearing, that full compliance with subsection (a) or (b) 

is reasonably necessary to protect public health or safety. 

The Commission shall not provide any alternative requirements or exemption for— 

‘‘(i) any of the third party testing requirements 

described in clauses (i) through (v) of subsection 

(a)(3)(B); or 

‘‘(ii) durable infant or toddler products, as defined 

in section 104(f) of the Consumer Product Safety 

Improvement Act of 2008 (15 U.S.C. 2056a(f)). 

‘‘(D) SUBSEQUENT MANUFACTURER.—Nothing in this 

paragraph shall be construed to affect third party testing 

or any other requirements with respect to a subsequent 

manufacturer or other entity that uses components provided by one or more small batch manufacturers. 

‘‘(E) DEFINITIONS.—For purposes of this paragraph— 

‘‘(i) the term ‘covered product’ means a consumer 

product manufactured by a small batch manufacturer 

where no more than 7,500 units of the same product 

were manufactured in the previous calendar year; and 

‘‘(ii) the term ‘small batch manufacturer’ means 

a manufacturer that had no more than $1,000,000 

in total gross revenue from sales of all consumer products in the previous calendar year. The dollar amount 

contained in this paragraph shall be adjusted annually 

by the percentage increase in the Consumer Price 

Index for all urban consumers published by the Department of Labor. 

For purposes of determining the total gross revenue for 

all sales of all consumer products of a manufacturer under 

this subparagraph, such total gross revenue shall be considered to include all gross revenue from all sales of all 

consumer products of each entity that controls, is controlled 

by, or is under common control with such manufacturer. 

The Commission shall take steps to ensure that all relevant 

business affiliations are considered in determining whether 

or not a manufacturer meets this definition. 


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PUBLIC LAW 112–28—AUG. 12, 2011 125 STAT. 279 

‘‘(5) EXCLUSION FROM THIRD PARTY TESTING.— ‘‘(A) CERTAIN PRINTED MATERIALS.— ‘‘(i) IN GENERAL.—The third party testing requirements established under subsection (a) shall not apply 

to ordinary books or ordinary paper-based printed 

materials. 

‘‘(ii) DEFINITIONS.— ‘‘(I) ORDINARY BOOK.—The term ‘ordinary book’ 

means a book printed on paper or cardboard, 

printed with inks or toners, and bound and finished using a conventional method, and that is 

intended to be read or has educational value. Such 

term does not include books with inherent play 

value, books designed or intended for a child 3 

years of age or younger, and does not include 

any toy or other article that is not a book that 

is sold or packaged with an ordinary book. 

‘‘(II) ORDINARY PAPER-BASED PRINTED MATERIALS.—The term ‘ordinary paper-based printed 

materials’ means materials printed on paper or 

cardboard, such as magazines, posters, greeting 

cards, and similar products, that are printed with 

inks or toners and bound and finished using a 

conventional method. 

‘‘(III) EXCLUSIONS.—Such terms do not include 

books or printed materials that contain components that are printed on material other than 

paper or cardboard or contain nonpaper-based 

components such as metal or plastic parts or accessories that are not part of the binding and finishing 

materials used in a conventional method. 

‘‘(B) METAL COMPONENT PARTS OF BICYCLES.—The third 

party testing requirements established under subsection 

(a) shall not apply to metal component parts of bicycles 

with respect to compliance with the lead content limits 

in place pursuant to section 101(b)(6) of the Consumer 

Product Safety Improvement Act of 2008.’’. 

(b) PROHIBITED ACT.—Section 19(a)(14) of the Consumer 

Product Safety Act (15 U.S.C. 2068(a)(14)) is amended by striking 

the period and inserting ‘‘, or to subdivide the production of any 

children’s product into small quantities that have the effect of 

evading any third party testing requirements under section 

14(a)(2);’’. 

SEC. 3. APPLICATION OF AND PROCESS FOR UPDATING DURABLE 

NURSERY PRODUCTS STANDARDS. 

(a) UPDATING STANDARD.—Section 104(b) of the Consumer 

Product Safety Improvement Act of 2008 (15 U.S.C. 2056a(b)) is 

amended by adding at the end the following: 

‘‘(4) PROCESS FOR CONSIDERING SUBSEQUENT REVISIONS TO

VOLUNTARY STANDARD.— ‘‘(A) NOTICE OF ADOPTION OF VOLUNTARY STANDARD.— 

When the Commission promulgates a consumer product 

safety standard under this subsection that is based, in 

whole or in part, on a voluntary standard, the Commission 

shall notify the organization that issued the voluntary 

standard of the Commission’s action and shall provide a 

Records. 


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125 STAT. 280 PUBLIC LAW 112–28—AUG. 12, 2011 

copy of the consumer product safety standard to the 

organization. 

‘‘(B) COMMISSION ACTION ON REVISED VOLUNTARY

STANDARD.—If an organization revises a standard that has 

been adopted, in whole or in part, as a consumer product 

safety standard under this subsection, it shall notify the 

Commission. The revised voluntary standard shall be 

considered to be a consumer product safety standard issued 

by the Commission under section 9 of the Consumer 

Product Safety Act (15 U.S.C. 2058), effective 180 days 

after the date on which the organization notifies the 

Commission (or such later date specified by the Commission 

in the Federal Register) unless, within 90 days after 

receiving that notice, the Commission notifies the organization that it has determined that the proposed revision 

does not improve the safety of the consumer product covered by the standard and that the Commission is retaining 

the existing consumer product safety standard.’’. 

(b) APPLICATION OF STANDARD.—Section 104(c) of the Consumer 

Product Safety Improvement Act of 2008 (15 U.S.C. 2056a(c)) is 

amended by redesignating paragraph (3) as paragraph (4) and 

inserting after paragraph (2) the following: 

‘‘(3) APPLICATION OF ANY REVISION.—With respect to any 

revision of the standard promulgated under subsection (b)(1)(B) 

subsequent to the initial promulgation of a standard under 

such subsection, paragraph (1) shall apply only to a person 

that manufactures or imports cribs, unless the Commission 

determines that application to any other person described in 

paragraph (2) is necessary to protect against an unreasonable 

risk to health or safety. If the Commission determines that 

application to a person described in paragraph (2) is necessary, 

it shall provide not less than 12 months for such person to 

come into compliance.’’. 

SEC. 4. APPLICATION OF SECTION 106 TO FDA-REGULATED PRODUCTS. 

Section 106(a) of the Consumer Product Safety Improvement 

Act of 2008 (15 U.S.C. 2056b(a)) is amended by inserting ‘‘or any 

provision that restates or incorporates a regulation promulgated 

by the Food and Drug Administration or any statute administered 

by the Food and Drug Administration’’ after ‘‘or by statute’’. 

SEC. 5. APPLICATION OF PHTHALATES LIMIT. 

(a) ACCESSIBLE, PLASTICIZED COMPONENT PARTS.—Section 108 

of the Consumer Product Safety Improvement Act of 2008 (15 

U.S.C. 2057c) is amended— 

(1) by redesignating subsections (c) through (e) as subsections (e) through (g), respectively; and 

(2) by inserting after subsection (b) the following: 

‘‘(c) APPLICATION.—Effective on the date of enactment of this 

Act, subsections (a) and (b)(1) and any rule promulgated under 

subsection (b)(3) shall apply to any plasticized component part 

of a children’s toy or child care article or any other component 

part of a children’s toy or child care article that is made of other 

materials that may contain phthalates. 

‘‘(d) EXCLUSION FOR INACCESSIBLE COMPONENT PARTS.— 

‘‘(1) IN GENERAL.—The prohibitions established under subsections (a) and (b) shall not apply to any component part 

of a children’s toy or child care article that is not accessible 

Effective date. 

Determination. 

Deadline. 

Deadlines. 


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PUBLIC LAW 112–28—AUG. 12, 2011 125 STAT. 281 

to a child through normal and reasonably foreseeable use and 

abuse of such product, as determined by the Commission. A 

component part is not accessible under this paragraph if such 

component part is not physically exposed by reason of a sealed 

covering or casing and does not become physically exposed 

through reasonably foreseeable use and abuse of the product. 

Reasonably foreseeable use and abuse shall include swallowing, 

mouthing, breaking, or other children’s activities, and the aging 

of the product. 

‘‘(2) LIMITATION.—The Commission may revoke an exclusion or all exclusions granted under paragraph (1) at any time 

and require that any or all component parts manufactured 

after such exclusion is revoked comply with the prohibitions 

established under subsections (a) and (b) if the Commission 

finds, based on scientific evidence, that such compliance is 

necessary to protect the public health or safety. 

‘‘(3) INACCESSIBILITY PROCEEDING.—Within 1 year after the 

date of enactment of this subsection, the Commission shall— 

‘‘(A) promulgate a rule providing guidance with respect 

to what product components, or classes of components, 

will be considered to be inaccessible for purposes of paragraph (1); or 

‘‘(B) adopt the same guidance with respect to inaccessibility that was adopted by the Commission with regards 

to accessibility of lead under section 101(b)(2)(B), with additional consideration, as appropriate, of whether such 

component can be placed in a child’s mouth. 

‘‘(4) APPLICATION PENDING COMMISSION GUIDANCE.—Until 

the Commission promulgates a rule pursuant to paragraph 

(3), the determination of whether a product component is 

inaccessible to a child shall be made in accordance with the 

requirements laid out in paragraph (1) for considering a component to be inaccessible to a child.’’. 

SEC. 6. AUTHORITY TO MODIFY TRACKING LABELS REQUIREMENT. 

Section 14(a)(5) of the Consumer Product Safety Act (15 U.S.C. 

2063(a)(5)) is amended— 

(1) by striking ‘‘Effective 1 year’’ and inserting ‘‘(A) Effective 

1 year’’; 

(2) by redesignating subparagraphs (A) and (B) as clauses 

(i) and (ii), respectively; and 

(3) by adding at the end the following: 

‘‘(B) The Commission may, by regulation, exclude a specific 

product or class of products from the requirements in subparagraph 

(A) if the Commission determines that it is not practicable for 

such product or class of products to bear the marks required by 

such subparagraph. The Commission may establish alternative 

requirements for any product or class of products excluded under 

the preceding sentence consistent with the purposes described in 

clauses (i) and (ii) of subparagraph (A).’’. 

SEC. 7. IMPROVED PRODUCT IDENTIFICATION FOR PUBLIC DATABASE. 

Section 6A(c) of the Consumer Product Safety Act (15 U.S.C. 

2055a(c)) is amended— 

(1) in paragraph (3)(A), by inserting ‘‘or paragraph (5)’’ 

after ‘‘paragraph (4)(A)’’; 

(2) in paragraph (4)(A), by striking ‘‘determines that the 

information in such report or comment is materially inaccurate, 

Regulation. 

Determination. 

Guidelines. 

Regulations. 

Deadline. 


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125 STAT. 282 PUBLIC LAW 112–28—AUG. 12, 2011 

the Commission shall—’’ and inserting ‘‘receives notice that 

the information in such report or comment is materially inaccurate, the Commission shall stay the publication of the report 

on the database as required under paragraph (3) for a period 

of no more than 5 additional days. If the Commission determines that the information in such report or comment is materially inaccurate, the Commission shall—’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(5) OBTAINING CERTAIN PRODUCT IDENTIFICATION INFORMATION.— 

‘‘(A) IN GENERAL.—If the Commission receives a report 

described in subsection (b)(1)(A) that does not include the 

model or serial number of the consumer product concerned, 

the Commission shall seek from the individual or entity 

submitting the report such model or serial number or, 

if such model or serial number is not available, a photograph of the product. If the Commission obtains information relating to the serial or model number of the product 

or a photograph of the product, it shall immediately forward 

such information to the manufacturer of the product. The 

Commission shall make the report available in the database 

on the 15th business day after the date on which the 

Commission transmits the report under paragraph (1) and 

shall include in the database any additional information 

about the product obtained under this paragraph. 

‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to— 

‘‘(i) permit the Commission to delay transmission 

of the report under paragraph (1) until the Commission 

has obtained the model or serial number or a photograph of the consumer product concerned; or 

‘‘(ii) make inclusion in the database of a report 

described in subsection (b)(1)(A) contingent on the 

availability of the model or serial number or a photograph of the consumer product concerned.’’. 

SEC. 8. SUBPOENA AUTHORITY. 

Section 27(b) of the Consumer Product Safety Act (15 U.S.C. 

2076(b)) is amended— 

(1) in paragraph (3), by inserting ‘‘and physical’’ after ‘‘documentary’’; 

(2) in paragraph (8), by striking ‘‘and’’; 

(3) by redesignating paragraph (9) as paragraph (10) and 

inserting after paragraph (8) the following: 

‘‘(9) to delegate to the general counsel of the Commission 

the authority to issue subpoenas solely to Federal, State, or 

local government agencies for evidence described in paragraph 

(3); and’’; and 

(4) in paragraph (10) (as so redesignated), by inserting 

‘‘(except as provided in paragraph (9))’’ after ‘‘paragraph (3)’’. 

SEC. 9. DEADLINE FOR RULE BY CONSUMER PRODUCT SAFETY 

COMMISSION ON STANDARDS FOR ALL TERRAIN VEHICLES. 

The Commission shall issue the final rule described in section 

42(d) of the Consumer Product Safety Act (15 U.S.C. 2089(d)) not 

later than 1 year after the date of enactment of this Act. 

15 USC 2089 

note. 

Deadline. 

Public 

information. 


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PUBLIC LAW 112–28—AUG. 12, 2011 125 STAT. 283 

LEGISLATIVE HISTORY—H.R. 2715: 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

Aug. 1, considered and passed House and Senate. 

Æ 

SEC. 10. TECHNICAL AMENDMENTS. 

(a) CPSA.—Section 14 of the Consumer Product Safety Act 

(15 U.S.C. 2063) is further amended by redesignating the second 

subsection (d) as subsection (i). 

(b) CPSIA.—Section 101(a)(1) of the Consumer Product Safety 

Improvement Act of 2008 (15 U.S.C. 1278a(a)(1)) is amended by 

striking ‘‘(as defined in section 3(a)(16) of the Consumer Product 

Safety Act (15 U.S.C. 2052(a)(16)))’’ and inserting ‘‘(as defined in 

section 3(a) of the Consumer Product Safety Act (15 U.S.C. 

2052(a)))’’. 

SEC. 11. EFFECTIVE DATE. 

Except as provided otherwise, the amendments made by this 

Act shall take effect on the date of enactment of this Act. 

Approved August 12, 2011. 

15 USC 1278a 

note. 


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