I 
112TH CONGRESS 
2D SESSION 
H. R. 4759 
To establish a comprehensive process to inform American consumers about 
food and product recalls, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 25, 2012 
Mr. LEWIS of Georgia introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To establish a comprehensive process to inform American 
consumers about food and product recalls, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consumer Food and 
Product Safety Information Act of 2012’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to establish a simple, cen-
tralized, and comprehensive public information process to 
notify American consumers about product recalls. 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
SEC. 3. IMPROVED PUBLIC NOTICE OF PRODUCT RECALLS 
AND PRODUCT SAFETY INFORMATION. 
(a) PUBLIC INFORMATION INITIATIVE.— 
(1) IN GENERAL.—The head of each enforce-
ment agency shall design and implement a public in-
formation plan to use agency and media resources to 
provide information to the public concerning— 
(A) the role of the agency in ensuring 
product safety; 
(B) steps consumers can take to enhance 
their safety while using products under the ju-
risdiction of the agency; 
(C) information about product recalls con-
cerning products under the jurisdiction of the 
agency; and 
(D) additional information that the agency 
head determines will enhance consumer safety. 
(2) COMPONENTS
OF
INITIATIVE.—The plan 
under paragraph (1) shall include procedures for de-
veloping and distributing the following materials: 
(A) Public service announcements under 
subsection (d). 
(B) Quarterly reports under subsection (e). 
(C) Posters and other materials under sub-
section (f). 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(D) Other appropriate mechanisms for 
communicating product safety information to 
the public. 
(b) CLEARINGHOUSE.— 
(1) IN GENERAL.—The Commission shall estab-
lish a clearinghouse to collect and distribute product 
recall and product safety information. 
(2) CONTRIBUTION OF INFORMATION.—Before 
the end of the 30-day period beginning on the date 
the materials listed under subsection (a)(2) are 
made available to the public by an enforcement 
agency, the head of each enforcement agency shall 
provide electronic copies of the materials to the 
Commission for inclusion in the clearinghouse. 
(3) AVAILABILITY TO THE PUBLIC.— 
(A) PHYSICAL LOCATION.—Before the end 
of the 30-day period beginning on the date the 
Commission receives the materials under para-
graph (2), the Commission shall make the ma-
terials available in a central location that is 
open to the public. 
(B) WEB SITE.—Before the end of the 14- 
day period beginning on the date the Commis-
sion receives the materials under paragraph (2), 
the Commission shall make the materials avail-
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
able on the Web site established under sub-
section (c). 
(4) DISTRIBUTION OF MATERIALS.— 
(A) DISTRIBUTION TO GOVERNMENT ENTI-
TIES.— 
(i) IN
GENERAL.—The Commission 
shall distribute the materials in the clear-
inghouse to an entity listed in clause (ii) 
for further distribution in accordance with 
that clause, if the Commission determines 
that the materials are related to the per-
sons served by that entity. 
(ii) ENTITIES; FURTHER
DISTRIBU-
TION.—The entities referred to in subpara-
graph (A) are the following: 
(I) The Federal Citizen Informa-
tion Center of the General Services 
Administration. 
(II) The Federal Trade Commis-
sion, which may provide the materials 
to the public as appropriate. 
(III) The Department of Edu-
cation, which, as determined appro-
priate by the Secretary of Education, 
may provide the materials— 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(aa) to public schools; and 
(bb) to the public through 
the Department of Education 
Web site. 
(IV) The Government Printing 
Office, which, as determined appro-
priate by the Director of the Govern-
ment Printing Office, may distribute 
the materials to Federal depository li-
braries. 
(V) State and local government 
officials, including the head of a State 
department of health or its equivalent. 
(B) DISTRIBUTION TO THE PUBLIC.—The 
Commission shall make available to the public, 
upon request and without charge, copies of— 
(i) the quarterly reports under section 
(a)(2)(B); and 
(ii) any other materials collected for 
the clearinghouse that the Commission de-
termines is appropriate for direct distribu-
tion to members of the public. 
(5) TOLL-FREE NUMBER.— 
(A) IN GENERAL.—The Commission shall 
establish a toll-free telephone number to— 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(i) provide information about— 
(I) product recalls and product 
safety; and 
(II) materials available under 
paragraph (4)(B); and 
(ii) to allow individuals to request 
such materials. 
(B) ACCESSIBILITY.—The toll-free tele-
phone number shall make information avail-
able— 
(i) to the hearing impaired and the 
visually impaired; and 
(ii) in English, Spanish, French, Jap-
anese, Chinese, Vietnamese, Korean, and 
Tagalog. 
(C) FORM OF DISTRIBUTION.—The Com-
mission shall distribute materials in an elec-
tronic form unless the Commission determines 
that a hard copy is more appropriate. 
(c) 
COMPREHENSIVE
PRODUCT
RECALL
WEB 
SITE.— 
(1) IN GENERAL.—The Commission shall estab-
lish a public Web site to provide information to the 
public about product recalls. 
(2) CONTENTS.— 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(A) REQUIRED INFORMATION.—The Com-
mission shall include on the Web site— 
(i) information on product recalls, in-
cluding information on whether each prod-
uct recall was initiated by a Federal agen-
cy or by another entity; 
(ii) electronic versions of the quarterly 
reports under subsection (e); 
(iii) access to other information avail-
able in the clearinghouse established by the 
Commission under subsection (b); and 
(iv) a search function that allows 
users to use a single search to find product 
recalls concerning products under the ju-
risdiction of multiple enforcement agencies. 
(B) OPTIONAL INFORMATION.—The Com-
mission may include on the Web site— 
(i) additional information concerning 
product recalls, including press releases 
and links to other Web sites providing in-
formation about product recalls; 
(ii) information for consumers on 
product licensing, certification, and label-
ing, including links to other Web sites con-
taining such information; and 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(iii) additional information on product 
safety for consumers, including links to 
other Web sites containing such informa-
tion. 
(3) DEADLINE.—The Commission shall make 
the Web site available to the public not later than 
30 days after the date of enactment of this Act. 
(4) UPDATES.—The Commission shall update 
the information on the Web site before the end of 
the 14-day period beginning on the date that new in-
formation listed in paragraph (2)(A) is submitted to 
the clearinghouse established under subsection (b). 
(5) LINKS.—The head of each enforcement 
agency, each relevant department, the Federal Trade 
Commission, and the Department of Education shall 
prominently display a link to the Web site estab-
lished under paragraph (1) on the public Web site 
of such agency or department, respectively. 
(d) PUBLIC SERVICE ANNOUNCEMENTS.— 
(1) IN GENERAL.—The head of each enforce-
ment agency shall issue national public service an-
nouncements via newspaper, radio, television, and 
the Internet that contain— 
(A) information on— 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(i) the role of the agency in product 
safety; 
(ii) the types of products regulated by 
the agency; 
(iii) the availability and location of 
print, Internet, and other resources on re-
cent product recalls, including information 
on the Web site established under sub-
section (c); and 
(iv) the role of the consumer in— 
(I) evaluating the safety of a 
product prior to purchasing such 
product; 
(II) using a product in a safe 
manner; and 
(III) participating in a product 
recall; 
(B) contact information for consumers 
seeking information about product safety; and 
(C) other information that the head of the 
agency considers relevant to informing con-
sumers about product recalls and product safe-
ty. 
(2) REQUIRED
INFORMATION
FOR
A
PUBLIC 
SERVICE ANNOUNCEMENT DESCRIBING A RECALL.— 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
If a public service announcement made under para-
graph (1) includes information about a specific prod-
uct recall, that announcement must state whether 
the product recall was initiated by a Federal agency 
or by a private entity. 
(3) FREQUENCY.—The head of each enforce-
ment agency shall issue the announcements required 
under paragraph (1) at least one time during— 
(A) the 30-day period beginning on the 
date of issuance by the agency of each quarterly 
report under subsection (e); 
(B) the 7-day period ending on each Fed-
eral holiday; and 
(C) the 7-day period beginning on each 
Federal holiday. 
(e) QUARTERLY REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the end of each fiscal year quarter, the head of each 
enforcement agency shall issue in accordance with 
this subsection a report that lists all products that— 
(A) were subject to a product recall in the 
previous quarter; and 
(B) are within the administrative jurisdic-
tion of the agency. 
(2) CONTENTS.— 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(A) GENERAL INFORMATION.—The report 
shall contain the address of the Web site estab-
lished under subsection (c). 
(B) SPECIFIC
PRODUCT
INFORMATION.— 
The report shall contain the following informa-
tion for each product listed in such report: 
(i) The product name. 
(ii) A photograph of the product. 
(iii) A clear and concise description of 
the product. 
(iv) The reason for the product recall. 
(v) Whether the product recall was 
initiated by a Federal agency or by a pri-
vate entity. 
(vi) A description of the steps a con-
sumer should take to respond to the prod-
uct recall, including— 
(I) returning the product to the 
manufacturer; 
(II) replacing a part; or 
(III) other appropriate action. 
(vii) The contact information for the 
manufacturer, including the manufactur-
er’s— 
(I) name; 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(II) postal address; 
(III) telephone number, including 
any telephone number dedicated to 
the product recall; and 
(IV) Web site, including any Web 
site dedicated to the product recall. 
(viii) The contact information for the 
distributor, including the distributor’s— 
(I) name; 
(II) postal address; 
(III) telephone number, including 
any telephone number dedicated to 
the product recall; and 
(IV) Web site, including any Web 
site dedicated to the product recall. 
(ix) The date that the product first 
became available to consumers in the 
United States. 
(x) The date that the product recall 
was issued. 
(xi) The location of additional infor-
mation about the product recall, includ-
ing— 
(I) the telephone number of each 
hotline dedicated to the product recall 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
that was established by the enforce-
ment agency, the manufacturer, or a 
third party; and 
(II) the address of each Web site 
providing information concerning the 
product recall that was established by 
the agency, the manufacturer, or a 
third party. 
(3) DISTRIBUTION.— 
(A) ONLINE AVAILABILITY.—The head of 
each enforcement agency shall make each quar-
terly report it issues under this subsection 
available on the Web site of such agency. If a 
department has jurisdiction over such agency, 
the head of the department shall include a link 
to such report on the public Web site of that 
department. 
(B) CONGRESS.—The head of the enforce-
ment agency shall submit each quarterly report 
to Congress. 
(4) NOTICE.— 
(A) PRESS RELEASE.—Not later than the 
end of the 30-day period beginning on the date 
of issuance of the quarterly report under para-
graph (1), the head of each enforcement agency 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
shall issue a press release. Such press release 
shall announce the availability of such report, 
including information on how members of the 
public can access the report. 
(B) FEDERAL REGISTER.—Not later than 
the end of the 30-day period beginning on the 
date of issuance of the quarterly report under 
paragraph (1), the head of the enforcement 
agency shall publish in the Federal Register a 
notice of the availability of the quarterly report. 
(f) POSTERS AND OTHER MATERIALS IN PUBLIC 
PLACES.— 
(1) POSTERS DESCRIBING SIGNIFICANT PROD-
UCT RECALLS.— 
(A) IN GENERAL.—If a significant product 
recall of a product under the jurisdiction of an 
enforcement agency occurs, the head of such 
agency shall print and distribute a poster con-
taining information describing such recall. 
(B) CONTENTS.—The poster shall in-
clude— 
(i) information on whether the prod-
uct recall was initiated by a Federal agen-
cy or by a private entity; and 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(ii) information on how to find addi-
tional information about product recalls. 
(C) DISTRIBUTION.—The posters under 
subparagraph (A) shall be distributed to busi-
nesses and other members of the public upon 
request, at no charge. 
(D) DEADLINE.—The head of the enforce-
ment agency shall print and distribute the post-
er under subparagraph (A) before the end of 
the 30-day period beginning on the date the 
product recall was issued. 
(2) POSTERS
DESCRIBING
AGENCY
ROLE
IN 
PRODUCT SAFETY.— 
(A) IN GENERAL.—The head of each en-
forcement agency shall— 
(i) before the end of the 30-day period 
beginning on the date of enactment of this 
Act, issue posters and other printed mate-
rials that provide information on the role 
of the agency in product recalls and prod-
uct safety; and 
(ii) revise such materials as appro-
priate. 
(B) 
DISTRIBUTION.—The 
posters 
and 
other materials issued under subparagraph (A) 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
shall be distributed to businesses and other 
members of the public upon request, at no 
charge. 
(g) NOTICE OF PRIVATE PRODUCT RECALLS.—Any 
manufacturer or distributor of a product who voluntarily 
initiates a product recall for the product as a result of 
safety concerns shall provide notice of such recall to the 
enforcement agency with the authority to regulate the 
safety of the product, before the end of the 10-day period 
beginning on the date that the manufacturer issues the 
product recall. 
(h) REPORT TO CONGRESS.—Not later than the end 
of the 30-day period beginning on the date of enactment 
of this Act, the head of each enforcement agency shall sub-
mit a report to Congress containing information on— 
(1) the method by which information on prod-
uct recalls is collected and is retained by the agency; 
(2) a list of all product recalls concerning prod-
ucts under the jurisdiction of the agency during the 
1-year period preceding the enactment of this sec-
tion; 
(3) the current practices of the agency for dis-
tributing information about product recalls to the 
public, including practices for providing information 
about the product recall— 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(A) on the Internet; 
(B) to the press; and 
(C) to public libraries; 
(4) the progress that the agency has made in 
developing the public information plan required 
under subsection (a); and 
(5) a budget analysis detailing how the agency 
will use the amounts appropriated to it for purposes 
of this section. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section, 
in addition to any other amounts otherwise authorized to 
be appropriated to provide the public with information 
about product recalls and product safety— 
(1) to the Commission, $5,000,000 for fiscal 
year 2013 and $2,000,000 for each fiscal year there-
after; and 
(2) to the head of each enforcement agency, 
other than the Commission, $1,000,000 for fiscal 
year 2013 and each fiscal year thereafter. 
(j) APPLICATION OF DEADLINES.—Each deadline es-
tablished in this section for action by an enforcement 
agency or a manufacturer or distributor of a product ap-
plies only to the extent that the enforcement agency, man-
ufacturer, or distributor can comply with the deadline and 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
reasonably fulfil its obligations under other Federal stat-
utes. 
(k) DEFINITIONS.—For purposes of this section, the 
following definitions apply: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Consumer Product Safety Commission. 
(2) CONSUMER.—The term ‘‘consumer’’ means, 
with respect to a product, an individual who uses the 
product primarily for personal purposes. 
(3) ENFORCEMENT
AGENCY.—The term ‘‘en-
forcement agency’’ means any Federal agency, in-
cluding any independent agency and any inde-
pendent regulatory agency, having authority granted 
by Federal statute to regulate product safety. 
(4) PRODUCT.—The term ‘‘product’’ means any 
article, or component part thereof, including food, 
produced or distributed— 
(A) for sale to a consumer for use in or 
around a permanent or temporary household or 
residence, a school, in recreation, or otherwise; 
or 
(B) for the personal use, consumption, or 
enjoyment of a consumer in or around a perma-
nent or temporary household or residence, a 
school, in recreation, or otherwise. 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(5) PRODUCT RECALL.—The term ‘‘product re-
call’’— 
(A) means a recall of a product issued to 
protect the safety of consumers; and 
(B) includes— 
(i) a corrective action related to a con-
sumer product subject to an order under 
section 12 or 15 of the Consumer Product 
Safety Act (15 U.S.C. 2061, 2064); 
(ii) the designation of a product as a 
banned hazardous substance under the 
Federal Hazardous Substances Act (15 
U.S.C. 1261 et seq.); 
(iii) a voluntary corrective action re-
lated to a consumer product taken by the 
manufacturer, in consultation with the 
Commission, of which action the Commis-
sion has notified the public and that would 
have been subject to a mandatory correc-
tive action under the Consumer Product 
Safety Act (15 U.S.C. 2051 et seq.) or an-
other Act enforced by the Commission if 
voluntary action had not been taken by the 
manufacturer; and 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS
(iv) a corrective action related to any 
motor vehicle or replacement equipment 
that contains a defect related to motor ve-
hicle safety or that does not comply with 
applicable motor vehicle safety standards 
and is subject to a notification order under 
section 30118(b) of title 49, United States 
Code, or a remedy under section 30120 of 
such title. 
(6) RELEVANT DEPARTMENT.—The term ‘‘rel-
evant department’’ means any executive department 
that includes an enforcement agency. 
Æ 
VerDate Mar 15 2010 
04:08 Apr 28, 2012
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6301
E:\BILLS\H4759.IH
H4759
jbell on DSK7SPTVN1PROD with BILLS