Dangerous Products Warning Act

To amend title 18, United States Code, to provide for the protection of the general public, and for other purposes. 1. Short title This Act may be cited as the Dangerous Products Warning Act 2. Dangerous products (a) In general Part 1 of title 18, United States Code, is amended by inserting after chapter 27 the following: 28 Dangerous products Sec. 571. Violations. 572. Relationship to existing law. 573. Construction. 574. Definitions for chapter. 571. Violations (a) Failure To inform and warn Whoever— (1) is a business entity or a product supervisor with respect to a product or business practice; (2) knows of a serious danger associated with such product (or a component of that product) or business practice; and (3) knowingly fails within 15 days after such discovery is made (or if there is imminent risk of serious bodily injury or death, immediately) to do any of the following: (A) To inform an appropriate Federal agency in writing, unless such product supervisor has actual knowledge that such an agency has been so informed. (B) To warn affected employees in writing, unless such product supervisor has actual knowledge that such employees have been so warned. (C) To inform persons other than affected employees at risk if they can reasonably be identified. shall be fined under this title or imprisoned not more than 5 years, or both. (b) Retaliation Whoever knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person’s having informed a Federal agency or warned employees of a serious danger associated with a product or business practice shall be fined under this title or imprisoned not more than one year, or both. (c) Nonpayment by business entities If a fine is imposed on an individual under this section, such fine shall not be paid, directly or indirectly, out of the assets of any business entity on behalf of that individual. 572. Relationship to existing law (a) Rights To intervene Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or group or class of consumers, employees or citizens in any proceeding or activity. (b) State law Nothing in this chapter preempts any State law or otherwise affects any State authority to adopt or enforce any State law. 573. Construction This chapter shall be construed in such a manner as best to represent and protect the interests of the public. 574. Definitions for chapter In this chapter— (1) the term product supervisor (A) means— (i) an officer or director of a corporation or an association; (ii) a partner of a partnership; or (iii) any employee or other agent of a corporation, association, or partnership having duties such that the conduct of such employee or agent may fairly be assumed to represent the policy of the corporation, association, or partnership; and (B) includes persons having management responsibility for— (i) submissions to a Federal agency regarding the development or approval of any product; (ii) production, quality assurance, or quality control of any product; or (iii) research and development of any product; (2) the term product (3) the term business entity (4) the term business practice (5) the term serious danger (6) the term serious bodily injury (A) creates a substantial risk of death; or (B) causes— (i) serious permanent disfigurement; (ii) unconsciousness; (iii) extreme pain; or (iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; (7) the term appropriate Federal agency (8) the term warn affected employees . (b) Clerical amendment The table of chapters for title 18, United States Code, is amended by inserting, after the item relating to chapter 27 the following: 28. Dangerous products 571 . 3. Effective date The amendments made by this Act take effect 180 days after the date of enactment of this Act.

Summary: Dangerous Products Warning Act Amends the federal criminal code to impose a fine and/or prison term of up to 5 years on any business entity or product supervisor with respect to a product or business practice who knows of a serious danger associated with such product or business practice and knowingly fails within 15 days after discovering such danger to inform an appropriate federal agency in writing, warn affected employees in writing, and inform other affected individuals.  Imposes a fine and/or prison term of up to 1 year on any individual who intentionally discriminates against an employee who informs a federal agency or warns employees of a serious danger associated with a product or business practice.