An act to enable the Consumer Product Safety Commission to protect the public by ordering notice and repair, replacement or refund of certain toys or articles intended for use by children if such toys or articles contain a defect which creates a substantial risk of injury to children.
PL 98-491 (H.R.5818), enacted 10/17/1984

PUBLIC LAW 98-491—OCT. 17, 1984 
98 STAT. 2269 
Public Law 98-491 
98th Congress 
An Act 
To enable the Consumer Product Safety Commission to protect the public by ordering 
notice and repair, replacement or refund of certain toys or articles intended for use 
by children if such toys or articles contain a defect which creates a substantial risk 
of injury to children. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Toy Safety Act of 1984". 
SEC. 2. (a) Section 15 of the Federal Hazardous Substances Act (15 
U.S.C. 1274) is amended— 
(1) by redesignating subsections (c), (d), and (e) as subsections 
(d), (e), and (f), respectively; and 
(2) by inserting immediately after subsection (b) the 
following: 
"(c)(1) If the Commission determines (after affording interested 
persons, including consumers and consumer organizations, an oppor-
tunity for a hearing in accordance with subsection (e) of this section) 
that any toy or other article intended for use by children that is not 
a banned hazardous substance contains a defect which creates a 
substantial risk of injury to children (because of the pattern of 
defect, the number of defective toys or such articles distributed in 
commerce, the severity of the risk, or otherwise) and that notifica-
tion is required to protect adequately the public from such toy or 
article, the Commission may order the manufacturer or any distrib-
utor or dealer of such toy or article to take any one or more of the 
following actions: 
"(A) To give public notice that such defective toy or article 
contains a defect which creates a substantial risk of injury to 
children. 
"(B) To mail such notice to each person who is a manufac-
turer, distributor, or dealer of such toy or article. 
"(C) To mail such notice to every person to whom the person 
giving notice knows such toy or article was delivered or sold. 
An order under this paragraph shall specify the form and content of 
any notice required to be given under the order. 
'(2) If the Commission determines (after affording interested per-
sons, including consumers and consumer organizations, an opportu-
nity for a hearing in accordance with subsection (e) of this section) 
that any toy or other article intended for use by children that is not 
a banned hazardous substance contains a defect which creates a 
substantial risk of injury to children (because of the pattern of 
defect, the number of defective toys or such articles distributed in 
commerce, the severity of the risk, or otherwise) and that action 
under this paragraph is in the public interest, the Commission may 
order the manufacturer, distributor, or dealer to take whichever of 
the following actions the person to whom the order is directed elects: 
"(A) If repairs to or changes in the toy or article can be made 
so that it will not contain a defect which creates a substantial 
risk of injury to children, to make such repairs or changes. 
Oct. 17, 1984 
[H.R. 5818] 
Toy Safety Act of 
1984. 
Hazardous 
materials. 
15 u s e 1261 
note. 
98 STAT. 2270 
PUBLIC LAW 98-491—OCT. 17, 1984 
"(B) To replace such toy or article with a like or equivalent 
toy or article which does not contain a defect which creates a 
substantial risk of injury to children. 
"(C) To refund the purchase price of such toy or article (less a 
reasonable allowance for use, if such toy or article has been in 
the possession of the consumer for 1 year or more (i) at the time 
of public notice under paragraph (1)(A), or (ii) at the time the 
consumer receives actual notice that the toy or article contains 
a defect which creates a substantial risk of injury to children, 
whichever first occurs). 
An order under this paragraph may also require the person to whom 
it applies to submit a plan, satisfactory to the Commission, for 
taking the action which such person has elected to take. The Com-
mission shall specify in the order the person to whom refunds must 
be made if the person to whom the order is directed elects to take 
the action described in subparagraph (C). If an order under this 
paragraph is directed to more than one person, the Commission 
shall specify which person has the election under this paragraph. 
Prohibition. 
An order under this paragraph may prohibit the person to whom it 
applies from manufacturing for sale, offering for sale, distributing in 
commerce, or importing into the customs territory of the United 
States (as defined in general headnote 2 to the Tariff Schedules of 
1
9 use 1202. 
the United States), or from doing any combination of such actions, 
with respect to the toy or article with respect to which the order was 
issued.". 
Ante, p. 2269. 
(b) Section 15(dXl) of the Federal Hazardous Substances Act, as so 
redesignated by subsection (a) of this section, is amended by striking 
"subsection (b)" and inserting in lieu thereof "subsection (b) or (c)". 
(c) Section 15(d)(2) of such Act, as so redesignated by subsection (a) 
of this section, is amended— 
(1) by striking "an article" and inserting in lieu thereof "a 
toy, article"; and 
(2) by inserting "toy," immediately before "article" the second 
and third time it appears. 
(d) Section 15 (dX2) and (e) of such Act, as so redesignated by 
subsection (a) of this section, is amended by striking "subsection (a) 
or (b)" and inserting in lieu thereof "subsection (a), (b), or (c)". 
Approved October 17, 1984. 
LEGISLATIVE HISTORY—H.R. 5818 (S. 2650): 
HOUSE REPORT No. 98-895 (Comm. on Energy and Commerce). 
SENATE REPORT No. 98-591 accompanying S. 2650 (Comm. on Commerce, Science, 
and Transportation). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Aug. 6, considered and passed House. 
Sept. 12, S. 2650 considered and passed Senate. 
Oct. 3, considered and passed Senate, amended; House concurred in Senate 
amendments.