To provide the Consumer Product Safety Commission with greater authority and discretion in enforcing the consumer product safety laws, and for other purposes.
PL 112-28 (H.R.2715), enacted 08/12/2011

125 STAT. 273 
PUBLIC LAW 112–28—AUG. 12, 2011 
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 initia-
tive 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 alter-
native 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 excep-
tion under subparagraph (A) has the burden of dem-
onstrating 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 acces-
sible 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 Commis-
sion 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 manu-
facturer 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 peti-
tion for exclusion under this section. In such cases, peti-
tioners 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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125 STAT. 275 
PUBLIC LAW 112–28—AUG. 12, 2011 
all requirements of this paragraph as required by subpara-
graph (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 con-
trol; 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 enti-
tled ‘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 dis-
tribution 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 cat-
egory 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 certifi-
cation 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 substan-
tial 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 con-
sumer product safety rules, bans, standards, or regula-
tions 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 sub-
ject 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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125 STAT. 277 
PUBLIC LAW 112–28—AUG. 12, 2011 
‘‘(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
REQUIRE-
MENTS.—Subject to subparagraph (C), in implementing 
third party testing requirements under this section, 
the Commission shall take into consideration any eco-
nomic, 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 alter-
native testing requirements for small batch manufac-
turers 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 con-
sumer product safety rule, ban, standard, or regulation 
and not to any other part of the consumer product 
safety rule, ban, standard, or regulation. 
Recommenda- 
tions. 
Deadline. 
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125 STAT. 278 
PUBLIC LAW 112–28—AUG. 12, 2011 
‘‘(iv) RESTRICTION.—Except as provided in subpara-
graph (C), and except where the Commission deter-
mines that the manufacturer does not meet the defini-
tion 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 assess-
ment 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 require-
ments 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 pro-
vided 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 prod-
ucts 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 Depart-
ment 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 consid-
ered 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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125 STAT. 279 
PUBLIC LAW 112–28—AUG. 12, 2011 
‘‘(5) EXCLUSION FROM THIRD PARTY TESTING.— 
‘‘(A) CERTAIN PRINTED MATERIALS.— 
‘‘(i) IN GENERAL.—The third party testing require-
ments 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 fin-
ished 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
MATE-
RIALS.—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 compo-
nents that are printed on material other than 
paper or cardboard or contain nonpaper-based 
components such as metal or plastic parts or acces-
sories 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 organiza-
tion that it has determined that the proposed revision 
does not improve the safety of the consumer product cov-
ered 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 sub-
sections (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 sub-
sections (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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125 STAT. 281 
PUBLIC LAW 112–28—AUG. 12, 2011 
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 exclu-
sion 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 para-
graph (1); or 
‘‘(B) adopt the same guidance with respect to inacces-
sibility that was adopted by the Commission with regards 
to accessibility of lead under section 101(b)(2)(B), with addi-
tional 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 compo-
nent 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 inac-
curate, 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 deter-
mines that the information in such report or comment is materi-
ally inaccurate, the Commission shall—’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(5) OBTAINING CERTAIN PRODUCT IDENTIFICATION INFORMA-
TION.— 
‘‘(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 photo-
graph of the product. If the Commission obtains informa-
tion 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 para-
graph 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 photo-
graph 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 photo-
graph 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 ‘‘docu-
mentary’’; 
(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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125 STAT. 283 
PUBLIC LAW 112–28—AUG. 12, 2011 
LEGISLATIVE HISTORY—H.R. 2715: 
CONGRESSIONAL RECORD, Vol. 157 (2011): 
Aug. 1, considered and passed House and Senate. 
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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