II 

112TH CONGRESS 

1ST SESSION S. 330 

To prohibit the sale of any product to a consumer that is subject to a 

recall, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2011 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To prohibit the sale of any product to a consumer that 

is subject to a recall, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Recall Pro5 tection Act of 2011’’. 

6 SEC. 2. PROHIBITION ON THE SALE OF RECALLED PROD7 UCTS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COVERED PRODUCT.—The term ‘‘covered 

10 product’’ means any of the following: 

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1 (A) A motor vehicle or replacement equip2 ment, as such terms are defined in section 

3 30102 of title 49, United States Code. 

4 (B) Food, drugs, devices, and cosmetics as 

5 such terms are defined in section 201 of the 

6 Federal Food, Drug, and Cosmetic Act (21 

7 U.S.C. 321). 

8 (C) A biological product as such term is 

9 defined in section 351(i) of the Public Health 

10 Service Act (42 U.S.C. 262(i)). 

11 (D) A consumer product, as such term is 

12 used in section 3(a) of the Consumer Product 

13 Safety Act (15 U.S.C. 2052(a)). 

14 (E)(i) A meat or meat food product within 

15 the meaning given such terms in the Federal 

16 Meat Inspection Act (21 U.S.C. 601 et seq.). 

17 (ii) A poultry or poultry product as such 

18 terms are defined in section 4 of the Poultry 

19 Products Inspection Act (21 U.S.C. 453). 

20 (iii) An egg or egg product as such terms 

21 are defined in section 4 of the Egg Products In22 spection Act (21 U.S.C. 1033). 

23 (2) RECALL.—With respect to a covered prod24 uct, the term ‘‘recall’’ means the following: 

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1 (A) In the case that the Secretary of 

2 Transportation makes a determination under 

3 section 30118(b)(1) of title 49, United States 

4 Code, that a covered product described in para5 graph (1)(A) contains a defect related to motor 

6 vehicle safety or does not comply with an appli7 cable motor vehicle safety standard prescribed 

8 under chapter 301 of such title, giving notifica9 tion under section 30119 of such title and rem10 edying such defect or noncompliance under sec11 tion 30120 of such title. 

12 (B) In the case of— 

13 (i) a device, as defined in section 201 

14 of the Federal Food, Drug, and Cosmetic 

15 Act (21 U.S.C. 321), an order under sub16 section (b)(1)(A) or (e) of section 518 of 

17 such Act (21 U.S.C. 360h(b)(1)(A) and 

18 (e)); 

19 (ii) infant formula, as such term is 

20 defined in section 201 of the Federal Food, 

21 Drug, and Cosmetic Act (21 U.S.C. 321), 

22 a recall of infant formula begun by a man23 ufacturer of infant formula that is carried 

24 out in accordance with section 412(f) of 

25 such Act (21 U.S.C. 350a(f)); and 

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1 (iii) any other covered product de2 scribed in paragraph (1)(B), a recall of the 

3 covered product by the manufacturer or 

4 distributor in response to an advisory or 

5 other alert issued by the Commissioner of 

6 Food and Drugs that advises consumers to 

7 avoid the covered product. 

8 (C) In the case of a product described in 

9 paragraph (1)(C), an order under section 

10 351(d) of the Public Health Service Act (42 

11 U.S.C. 262(d). 

12 (D) In the case of a covered product de13 scribed in paragraph (1)(D), an action under 

14 subsection (c) and (d) of section 15 of the Con15 sumer Product Safety Act (15 U.S.C. 2064). 

16 (E) In the case of a covered product de17 scribed in paragraph (1)(E), a recall of the cov18 ered product under— 

19 (i) the Federal Meat Inspection Act 

20 (21 U.S.C. 601 et seq.); 

21 (ii) the Poultry Products Inspection 

22 Act (21 U.S.C. 451 et seq.); or 

23 (iii) the Egg Products Inspection Act 

24 (21 U.S.C. 1031 et seq.). 

25 (b) PROHIBITION.— 

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1 (1) IN GENERAL.—Except as provided in para2 graph (2), a person may not sell to a consumer any 

3 covered product that is subject to a recall. 

4 (2) REMEDIED PRODUCTS.—Paragraph (1) 

5 shall not apply to the sale to a consumer of a cov6 ered product that was subject to a recall because of 

7 a defect in such product if— 

8 (A) such defect was remedied prior to such 

9 sale; and 

10 (B) the seller of such product notifies such 

11 consumer of such recall, defect, and remedy. 

12 (c) ENFORCEMENT.— 

13 (1) UNFAIR OR DECEPTIVE ACT OR PRAC14 TICE.—A violation of a prohibition described in sub15 section (b) shall be treated as a violation of a rule 

16 defining an unfair or deceptive act or practice de17 scribed under section 18(a)(1)(B) of the Federal 

18 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

19 (2) ACTIONS BY THE FEDERAL TRADE COMMIS20 SION.—The Federal Trade Commission shall enforce 

21 the provisions of this section in the same manner, by 

22 the same means, and with the same jurisdiction, 

23 powers, and duties as though all applicable terms 

24 and provisions of the Federal Trade Commission Act 

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1 (15 U.S.C. 41 et seq.) were incorporated into and 

2 made part of this section. 

3 (3) REGULATIONS.—The Federal Trade Com4 mission shall prescribe such regulations as the Com5 mission considers necessary to carry out this sub6 section and subsections (a) and (b). 

7 (d) LIST OF RECALLED PRODUCTS.— 

8 (1) IN GENERAL.—The Consumer Product 

9 Safety Commission shall, in cooperation with the 

10 Secretary of Agriculture, the Commissioner of Food 

11 and Drugs, the Federal Trade Commission, and the 

12 Secretary of Transportation, establish, maintain, 

13 and make available to the public a list of covered 

14 products that are subject to a recall. 

15 (2) MANNER OF PUBLICATION.—The Consumer 

16 Product Safety Commission shall make the list re17 quired by paragraph (1) available to the public as a 

18 single searchable list containing all covered products 

19 subject to a recall regardless of agency jurisdiction. 

Æ 

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