S 330

112th CONGRESS
1st Session

S. 330

To prohibit the sale of any product to a consumer that is subject to a recall, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 14, 2011

Mr. SCHUMER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

To prohibit the sale of any product to a consumer that is subject to a recall, 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. SHORT TITLE.

    This Act may be cited as the `Consumer Recall Protection Act of 2011'.

SEC. 2. PROHIBITION ON THE SALE OF RECALLED PRODUCTS.

    (a) Definitions- In this section:

      (1) COVERED PRODUCT- The term `covered product' means any of the following:

        (A) A motor vehicle or replacement equipment, as such terms are defined in section 30102 of title 49, United States Code.

        (B) Food, drugs, devices, and cosmetics as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

        (C) A biological product as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)).

        (D) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).

        (E)(i) A meat or meat food product within the meaning given such terms in the Federal Meat Inspection Act (21 U.S.C. 601 et seq.).

        (ii) A poultry or poultry product as such terms are defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453).

        (iii) An egg or egg product as such terms are defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033).

      (2) RECALL- With respect to a covered product, the term `recall' means the following:

        (A) In the case that the Secretary of Transportation makes a determination under section 30118(b)(1) of title 49, United States Code, that a covered product described in paragraph (1)(A) contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under chapter 301 of such title, giving notification under section 30119 of such title and remedying such defect or noncompliance under section 30120 of such title.

        (B) In the case of--

          (i) a device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), an order under subsection (b)(1)(A) or (e) of section 518 of such Act (21 U.S.C. 360h(b)(1)(A) and (e));

          (ii) infant formula, as such term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), a recall of infant formula begun by a manufacturer of infant formula that is carried out in accordance with section 412(f) of such Act (21 U.S.C. 350a(f)); and

          (iii) any other covered product described in paragraph (1)(B), a recall of the covered product by the manufacturer or distributor in response to an advisory or other alert issued by the Commissioner of Food and Drugs that advises consumers to avoid the covered product.

        (C) In the case of a product described in paragraph (1)(C), an order under section 351(d) of the Public Health Service Act (42 U.S.C. 262(d).

        (D) In the case of a covered product described in paragraph (1)(D), an action under subsection (c) and (d) of section 15 of the Consumer Product Safety Act (15 U.S.C. 2064).

        (E) In the case of a covered product described in paragraph (1)(E), a recall of the covered product under--

          (i) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);

          (ii) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); or

          (iii) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).

    (b) Prohibition-

      (1) IN GENERAL- Except as provided in paragraph (2), a person may not sell to a consumer any covered product that is subject to a recall.

      (2) REMEDIED PRODUCTS- Paragraph (1) shall not apply to the sale to a consumer of a covered product that was subject to a recall because of a defect in such product if--

        (A) such defect was remedied prior to such sale; and

        (B) the seller of such product notifies such consumer of such recall, defect, and remedy.

    (c) Enforcement-

      (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE- A violation of a prohibition described in subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

      (2) ACTIONS BY THE FEDERAL TRADE COMMISSION- The Federal Trade Commission shall enforce the provisions of this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this section.

      (3) REGULATIONS- The Federal Trade Commission shall prescribe such regulations as the Commission considers necessary to carry out this subsection and subsections (a) and (b).

    (d) List of Recalled Products-

      (1) IN GENERAL- The Consumer Product Safety Commission shall, in cooperation with the Secretary of Agriculture, the Commissioner of Food and Drugs, the Federal Trade Commission, and the Secretary of Transportation, establish, maintain, and make available to the public a list of covered products that are subject to a recall.

      (2) MANNER OF PUBLICATION- The Consumer Product Safety Commission shall make the list required by paragraph (1) available to the public as a single searchable list containing all covered products subject to a recall regardless of agency jurisdiction.

END