ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION PLANS.

SEC. 214. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION PLANS.(a) Enhanced Recall Authority.—Section 15 (15 U.S.C. 2064) is amended—(1) in subsection (a)(1), by inserting “under this Act or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission” after “consumer product safety rule”;(2) in subsection (b)—(A) by striking “consumer product distributed in commerce,” and inserting “consumer product, or other product or substance over which the Commission has jurisdiction 122 STAT. 3053 under any other Act enforced by the Commission (other than motor vehicle equipment as defined in section 30102(a)(7) of title 49, United States Code), distributed in commerce,”;(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;(C) by inserting after paragraph (1) the following:“(2) fails to comply with any other rule, regulation, standard, or ban under this Act or any other Act enforced by the Commission;”; and(D) by adding at the end the following: “A report provided under paragraph (2) may not be used as the basis for criminal prosecution of the reporting person under section 5 of the Federal Hazardous Substances Act (15 U.S.C. 1264), except for offenses which require a showing of intent to defraud or mislead.”.(3) in subsection (c)—(A) by inserting “(1)” after the subsection designation;(B) by inserting “or if the Commission, after notifying the manufacturer, determines a product to be an imminently hazardous consumer product and has filed an action under section 12,” after “from such substantial product hazard,”;(C) by redesignating paragraphs (1) through (3) as subparagraphs (D) through (F), respectively;(D) by inserting after “the following actions:” the following:“(A) To cease distribution of the product.“(B) To notify all persons that transport, store, distribute, or otherwise handle the product, or to which the product has been transported, sold, distributed, or otherwise handled, to cease immediately distribution of the product.“(C) To notify appropriate State and local public health officials.”;(E) by striking “comply.” in subparagraph (D), as redesignated, and inserting “comply, including posting clear and conspicuous notice on its Internet website, providing notice to any third party Internet website on which such manufacturer, retailer, distributor, or licensor has placed the product for sale, and announcements in languages other than English and on radio and television where the Commission determines that a substantial number of consumers to whom the recall is directed may not be reached by other notice.”; and(F) by adding at the end the following:“(2) The Commission may require a notice described in paragraph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to adequately protect the public.“(3) If a district court determines, in an action filed under section 12, that the product that is the subject of such action is not an imminently hazardous consumer product, the Commission shall rescind any order issued under this subsection with respect to such product.”;(4) in subsection (f)—(A) by striking “An order” and inserting “(1) Except as provided in paragraph (2), an order”; and122 STAT. 3054(B) by inserting at the end the following:“(2) The requirement for a hearing in paragraph (1) shall not apply to an order issued under subsection (c) or (d) relating to an imminently hazardous consumer product with regard to which the Commission has filed an action under section 12.”.(b) Corrective Action Plans.—Section 15(d) (15 U.S.C. 2064(d)) is amended—(1) by inserting “(1)” after the subsection designation;(2) by inserting “to provide the notice required by subsection (c) and” after “such product” the first place it appears;(3) by striking “whichever of the following actions the person to whom the order is directed elects:” and inserting “any one or more of the following actions it determines to be in the public interest:”;(4) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C);(5) in each of subparagraphs (A) and (B) (as so redesignated), by striking “consumer product safety rule” each place it appears and inserting “rule, regulation, standard, or ban”;(6) by striking “more (A)” in subparagraph (C), as redesignated, and inserting “more (i)”;(7) by striking “or (B)” in subparagraph (C), as redesignated, and inserting “or (ii)”;(8) by striking “An order under this subsection may” and inserting:“(2) An order under this subsection shall”;(9) by striking “satisfactory to the Commission,” and inserting “for approval by the Commission,”;(10) by striking “paragraphs of this subsection under which such person has elected to act” and inserting “subparagraphs under which such person has been ordered to act”;(11) by striking “if the person to whom the order is directed elects to take the action described in paragraph (3)” and insert “if the Commission orders the action described in subparagraph (C)”;(12) by striking “If an order under this subsection is directed” and all that follows through “has the election under this subsection”;(13) by striking “described in paragraph (3).” and inserting “described in paragraph (1)(C).”; and(14) by adding at the end the following:“(3)(A) If the Commission approves an action plan, it shall indicate its approval in writing.“(B) If the Commission finds that an approved action plan is not effective or appropriate under the circumstances, or that the manufacturer, retailer, or distributor is not executing an approved action plan effectively, the Commission may, by order, amend, or require amendment of, the action plan. In determining whether an approved plan is effective or appropriate under the circumstances, the Commission shall consider whether a repair or replacement changes the intended functionality of the product.“(C) If the Commission determines, after notice and opportunity for comment, that a manufacturer, retailer, or distributor has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan. The manufacturer, retailer, or distributor to which the action plan applies may not distribute in commerce the product to which the 122 STAT. 3055 action plan relates after receipt of notice of a revocation of the action plan.”.(c) Content of Notice.—Section 15 (15 U.S.C. 2064) is further amended by adding at the end the following:“(i) Requirements for Recall Notices.—“(1) Guidelines.—Not later than 180 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall, by rule, establish guidelines setting forth a uniform class of information to be included in any notice required under an order under subsection (c) or (d) of this section or under section 12. Such guidelines shall include any information that the Commission determines would be helpful to consumers in—“(A) identifying the specific product that is subject to such an order;“(B) understanding the hazard that has been identified with such product (including information regarding incidents or injuries known to have occurred involving such product); and“(C) understanding what remedy, if any, is available to a consumer who has purchased the product.“(2) Content.—Except to the extent that the Commission determines with respect to a particular product that one or more of the following items is unnecessary or inappropriate under the circumstances, the notice shall include the following:“(A) description of the product, including—“(i) the model number or stock keeping unit (SKU) number of the product;“(ii) the names by which the product is commonly known; and“(iii) a photograph of the product.“(B) A description of the action being taken with respect to the product.“(C) The number of units of the product with respect to which the action is being taken.“(D) A description of the substantial product hazard and the reasons for the action.“(E) An identification of the manufacturers and significant retailers of the product.“(F) The dates between which the product was manufactured and sold.“(G) The number and a description of any injuries or deaths associated with the product, the ages of any individuals injured or killed, and the dates on which the Commission received information about such injuries or deaths.“(H) A description of—“(i) any remedy available to a consumer;“(ii) any action a consumer must take to obtain a remedy; and“(iii) any information a consumer needs in order to obtain a remedy or information about a remedy, such as mailing addresses, telephone numbers, fax numbers, and email addresses.“(I) Other information the Commission deems appropriate.”.122 STAT. 3056