Title 15 — Commerce and Trade
Chapter 47 — Consumer Product Safety
§ 2065. Inspection and recordkeeping
Statutory text
Inspection
For purposes of implementing this chapter, or rules or orders prescribed under this chapter, officers or employees duly designated by the Commission, upon presenting appropriate credentials and a written notice from the Commission to the owner, operator, or agent in charge, are authorized—
to enter, at reasonable times, (A) any factory, warehouse, or establishment in which consumer products are manufactured or held, in connection with distribution in commerce, (B) any firewalled conformity assessment bodies accredited under section 2063(f)(2)(D) of this title, or (C) any conveyance being used to transport consumer products in connection with distribution in commerce; and
to inspect, at reasonable times and in a reasonable manner such conveyance or those areas of such factory, firewalled conformity assessment body, warehouse, or establishment where such products are manufactured, held, or transported and which may relate to the safety of such products. Each such inspection shall be commenced and completed with reasonable promptness.
Recordkeeping
Every person who is a manufacturer, private labeler, or distributor of a consumer product shall establish and maintain such records, make such reports, and provide such information as the Commission may, by rule, reasonably require for the purposes of implementing this chapter, or to determine compliance with rules or orders prescribed under this chapter. Upon request of an officer or employee duly designated by the Commission, every such manufacturer, private labeler, or distributor shall permit the inspection of appropriate books, records, and papers relevant to determining whether such manufacturer, private labeler, or distributor has acted or is acting in compliance with this chapter and rules under this chapter.
Identification of manufacturers, importers, retailers, and distributors
Upon request by an officer or employee duly designated by the Commission—
every importer, retailer, or distributor of a consumer product (or other product or substance over which the Commission has jurisdiction under this chapter or any other Act) shall identify the manufacturer of that product by name, address, or such other identifying information as the officer or employee may request, to the extent that such information is known or can be readily determined by the importer, retailer, or distributor; and
every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request—
each retailer or distributor to which the manufacturer directly supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this chapter or any other Act);
each subcontractor involved in the production or fabrication of such product or substance; and
each subcontractor from which the manufacturer obtained a component thereof.
Manufacturer’s compliance
The Commission shall, by rule, condition the manufacturing for sale, offering for sale, distribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer’s compliance with the inspection and recordkeeping requirements of this chapter and the Commission’s rules with respect to such requirements.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Consumer Product Safety Act
Pub. L. 92–573 § 16 · 86 Stat. 1207
Enacted · 15 U.S.C. § 2065
Pub. L. 92–573, § 16, Oct. 27, 1972, 86 Stat. 1222
Source evidence
Code source credit
Pub. L. 92–573, § 16, Oct. 27, 1972, 86 Stat. 1222Enacted provision · exact public law section
Sec. 16. inspection and recordkeeping (a) For purposes of implementing this Act, or rules or orders prescribed under this Act, officers or employees duly designated by the Commission, upon presenting appropriate credentials and a written notice from the Commission to the owner, operator, or agent in charge, are authorized— (1) to enter, at reasonable times, (A) any factory, warehouse, or establishment in which consumer products are manufactured or held, in connection with distribution in commerce, or (B) any conveyance being used to transport consumer products in connection with distribution in commerce; and (2) to inspect, at reasonable times and in a reasonable manner such conveyance or those areas of such factory, warehouse, or establishment where such products are manufactured, held, or transported and which may relate to the safety of such products. Each such inspection shall be commenced and completed with reasonable promptness. (b) Every person who is a manufacturer, private labeler, or distributor of a consumer product shall establish and maintain such records, make such reports, and provide such information as the Commission may, by rule, reasonably require for the purposes of implementing this Act, or to determine compliance with rules or orders prescribed under this Act. Upon request of an officer or employee duly designated by the Commission, every such manufacturer, private labeler, or distributor shall permit the inspection of appropriate books, records, and papers relevant to determining whether such manufacturer, private labeler, or distributor has acted or is acting in compliance with this Act and rules under this Act.Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 215(c)(1) · 122 Stat. 3016
Inserted · 15 U.S.C. § 2065(a)
Pub. L. 110–314, § 215(c)(1), inserted subsec. heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–314, § 215(c)(1), inserted subsec. heading.Enacted provision · exact public law section
(1) in subsection (a), by inserting “Inspection.—” after the subsection designation; andConsumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 215(a)(1) · 122 Stat. 3016
Substituted · 15 U.S.C. § 2065(a)(1)
Pub. L. 110–314, § 215(a)(1), substituted “(B) any firewalled conformity assessment bodies accredited under section 2063(f)(2)(D) of this title, or (C)” for “or (B)”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 110–314, § 215(a)(1), substituted “(B) any firewalled conformity assessment bodies accredited under section 2063(f)(2)(D) of this title, or (C)” for “or (B)”.Enacted provision · exact public law section
(1) by striking “or (B)” and inserting “(B) any firewalled conformity assessment bodies accredited under section 14(f)(2)(D), or (C)” in paragraph (1); andConsumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 215(a)(2) · 122 Stat. 3016
Inserted · 15 U.S.C. § 2065(a)(2)
Pub. L. 110–314, § 215(a)(2), inserted “firewalled conformity assessment body,” after “factory,”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 110–314, § 215(a)(2), inserted “firewalled conformity assessment body,” after “factory,”.Enacted provision · exact public law section
(2) by inserting “firewalled conformity assessment body,” after “factory,” in paragraph (2).Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 215(c)(2) · 122 Stat. 3016
Inserted · 15 U.S.C. § 2065(b)
Pub. L. 110–314, § 215(c)(2), inserted subsec. heading
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–314, § 215(c)(2), inserted subsec. heading.Enacted provision · exact public law section
(2) in subsection (b), by inserting “Recordkeeping.—” after the subsection designation.Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 215(b) · 122 Stat. 3016
Added · 15 U.S.C. § 2065(c)
Pub. L. 110–314, § 215(b), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–314, § 215(b), added subsec. (c).Enacted provision · exact public law section
(b) Identification of Manufacturers, Importers, Retailers, and Distributors.— Section 16 (15 U.S.C. 2065) is further amended by adding at the end thereof the following: “(c) Identification of Manufacturers, Importers, Retailers, and Distributors.— Upon request by an officer or employee duly designated by the Commission— “(1) every importer, retailer, or distributor of a consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act) shall identify the manufacturer of that product by name, address, or such other identifying information as the officer or employee may request, to the extent that such information is known or can be readily determined by the importer, retailer, or distributor; and “(2) every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request— “(A) each retailer or distributor to which the manufacturer directly supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this or any other Act); “(B) each subcontractor involved in the production or fabrication of such product or substance; and “(C) each subcontractor from which the manufacturer obtained a component thereof.” .Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 223(c)(2) · 122 Stat. 3016
Added · 15 U.S.C. § 2065(d)
Pub. L. 110–314, § 223(c)(2), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 110–314, § 223(c)(2), added subsec. (d).Enacted provision · exact public law section
(2) by adding at the end of section 16 (15 U.S.C. 2065) the following: “(d) The Commission shall, by rule, condition the manufacturing for sale, offering for sale, distribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer’s compliance with the inspection and recordkeeping requirements of this Act and the Commission’s rules with respect to such requirements.” .
7 of 7 references resolved to an enrolled provision
Editorial Notes
Amendments
2008—Subsec. (a). Pub. L. 110–314, § 215(c)(1), inserted subsec. heading.
Subsec. (a)(1). Pub. L. 110–314, § 215(a)(1), substituted “(B) any firewalled conformity assessment bodies accredited under section 2063(f)(2)(D) of this title, or (C)” for “or (B)”.
Subsec. (a)(2). Pub. L. 110–314, § 215(a)(2), inserted “firewalled conformity assessment body,” after “factory,”.
Subsec. (b). Pub. L. 110–314, § 215(c)(2), inserted subsec. heading.
Subsec. (c). Pub. L. 110–314, § 215(b), added subsec. (c).
Subsec. (d). Pub. L. 110–314, § 223(c)(2), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the sixtieth day following , see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.
Credits
1972–2008 · 2 acts
- 1972Pub. L. 92–573, § 16, , 86 Stat. 1222
- 2008Pub. L. 110–314, title II, §§ 215, 223(c)(2), , 122 Stat. 3056, 3069.
Show as published
(Pub. L. 92–573, § 16, , 86 Stat. 1222; Pub. L. 110–314, title II, §§ 215, 223(c)(2), , 122 Stat. 3056, 3069.)