HR 5636 - Consumer Product and Food Safety Information Act of 2008

HR 5636

110th CONGRESS
2d Session

H. R. 5636

To establish a comprehensive process to inform American consumers about food and product recalls, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 13, 2008

Mr. LEWIS of Georgia introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To establish a comprehensive process to inform American consumers about food and product recalls, 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 Product and Food Safety Information Act of 2008'.

SEC. 2. PURPOSE.

The purpose of this Act is to establish a simple, centralized, and comprehensive public information process to notify American consumers about product recalls.

SEC. 3. IMPROVED PUBLIC NOTICE OF PRODUCT RECALLS AND PRODUCT SAFETY INFORMATION.

(a) Public Information Initiative-

(1) IN GENERAL- The head of each enforcement agency shall design and implement a public information plan to use agency and media resources to provide information to the public concerning--

(A) the role of the agency in ensuring product safety;

(B) steps consumers can take to enhance their safety while using products under the jurisdiction of the agency;

(D) additional information that the agency head determines will enhance consumer safety.

(2) COMPONENTS OF INITIATIVE- The plan under paragraph (1) shall include procedures for developing and distributing the following materials:

(A) Public service announcements under subsection (d).

(B) Quarterly reports under subsection (e).

(D) Other appropriate mechanisms for communicating product safety information to the public.

(b) Clearinghouse-

(1) IN GENERAL- The Commission shall establish a clearinghouse to collect and distribute product recall and product safety information.

(2) CONTRIBUTION OF INFORMATION- Before the end of the 30-day period beginning on the date the materials listed under subsection (a)(2) are made available to the public by an enforcement agency, the head of each enforcement agency shall provide electronic copies of the materials to the Commission for inclusion in the clearinghouse.

(3) AVAILABILITY TO THE PUBLIC-

(A) PHYSICAL LOCATION- Before the end of the 30-day period beginning on the date the Commission receives the materials under paragraph (2), the Commission shall make the materials available in a central location that is open to the public.

(B) WEB SITE- Before the end of the 14-day period beginning on the date the Commission receives the materials under paragraph (2), the Commission shall make the materials available on the Web site established under subsection (c).

(4) DISTRIBUTION OF MATERIALS-

(A) DISTRIBUTION TO GOVERNMENT ENTITIES-

(i) IN GENERAL- The Commission shall distribute the materials in the clearinghouse to an entity listed in clause (ii) for distribution in accordance with that clause, if the Commission determines that the materials are related to the persons served by that entity.

(ii) ENTITIES; FURTHER DISTRIBUTION- The entities referred to in subparagraph (A) are the following:

(I) The Federal Citizen Information Center of the General Services Administration.

(II) The Federal Trade Commission, which may provide the materials to the public as appropriate.

(III) The Department of Education, which, as determined appropriate by the Secretary of Education, may provide the materials--

(aa) to public schools; and

(bb) to the public through the Department of Education Web site.

(IV) The Government Printing Office, which, as determined appropriate by the Director of the Government Printing Office, may distribute the materials to the Federal depository libraries.

(V) State and local government officials, including the head of a State department of health or its equivalent.

(B) DISTRIBUTION TO THE PUBLIC- The Commission shall make available to the public, upon request and without charge, copies of--

(i) the quarterly reports under section (a)(2)(B); and

(ii) any other materials collected for the clearinghouse that the Commission determines is appropriate for direct distribution to members of the public.

(5) TOLL-FREE NUMBER-

(A) IN GENERAL- The Commission shall establish a toll-free telephone number to--

(i) provide information about--

(I) product recalls and product safety; and

(II) materials available under paragraph (4)(B); and

(ii) to allow individuals to request such materials.

(B) ACCESSIBILITY- The toll-free telephone number shall make information available--

(i) to the hearing impaired and the visually impaired; and

(ii) in English, Spanish, French, Japanese, Chinese, Vietnamese, Korean, and Tagalog.

(C) FORM OF DISTRIBUTION- The Commission shall distribute materials in an electronic form unless the Commission determines that a hard copy is appropriate.

(1) IN GENERAL- The Commission shall establish a public Web site to provide information to the public about product recalls.

(2) CONTENTS-

(A) REQUIRED INFORMATION- The Commission shall include on the Web site--

(i) information on product recalls, including information on whether each product recall was initiated by a Federal agency or by another entity;

(ii) electronic versions of the quarterly reports under subsection (e);

(iii) access to other information available in the clearinghouse established by the Commission under subsection (b); and

(iv) a search function that allows users to use a single search to find product recalls concerning products under the jurisdiction of multiple enforcement agencies.

(B) OPTIONAL INFORMATION- The Commission may include on the Web site--

(i) additional information concerning product recalls, including press releases and links to other Web sites providing information about product recalls;

(ii) information for consumers on product licensing, certification, and labeling, including links to other Web sites containing such information; and

(iii) additional information on product safety for consumers, including links to other Web sites containing such information.

(3) DEADLINE- The Commission shall make the Web site available to the public not later than 30 days after the date of enactment of this Act.

(4) UPDATES- The Commission shall update the information on the Web site before the end of the 14-day period beginning on the date that new information listed in paragraph (2)(A) is submitted to the clearinghouse established under subsection (b).

(5) LINKS- The head of each enforcement agency, each relevant department, the Federal Trade Commission, and the Department of Education shall prominently display a link to the Web site established under paragraph (1) on the public Web site of such agency or department, respectively.

(d) Public Service Announcements-

(1) IN GENERAL- The head of each enforcement agency shall issue national public service announcements via newspaper, radio, television, and the Internet that contain--

(A) information on--

(i) the role of the agency in product safety;

(ii) the types of products regulated by the agency;

(iii) the availability and location of print, Internet, and other resources on recent product recalls, including information on the Web site established under subsection (c);

(iv) the role of the consumer in--

(I) evaluating the safety of a product prior to purchasing such product;

(II) using a product in a safe manner; and

(III) participating in a product recall;

(B) contact information for consumers seeking information about product safety; and

(C) other information that the head of the agency considers relevant to informing consumers about product recalls and product safety.

(2) REQUIRED INFORMATION FOR A PUBLIC SERVICE ANNOUNCEMENT DESCRIBING A RECALL- If a public service announcement made under paragraph (1) includes information about a specific product recall, that announcement must state whether the product recall was initiated by a Federal agency or by a private entity.

(3) FREQUENCY- The head of each enforcement agency shall issue the announcements required under paragraph (1) at least--

(A) not later than the end of the 30-day period beginning on the date of issuance by the agency of each quarterly report under subsection (e); and

(B) within--

(i) the 7-day period ending on each Federal holiday; and

(ii) the 7-day period beginning on each Federal holiday.

(e) Quarterly Report-

(1) IN GENERAL- Not later than 30 days after the end of each fiscal year quarter, the head of each enforcement agency shall issue in accordance with this subsection a report that lists all products that--

(A) were subject to a product recall in the previous quarter; and

(B) are within the administrative jurisdiction of the agency.

(2) CONTENTS-

(A) GENERAL INFORMATION- The report shall contain the address of the Web site established under subsection (c).

(B) SPECIFIC PRODUCT INFORMATION- The report shall contain the following information for each product listed in such report:

(i) The product name.

(ii) A photograph of the product.

(iii) A clear and concise description of the product.

(iv) The reason for the product recall.

(v) Whether the product recall was initiated by a Federal agency or by a private entity.

(vi) A description of the steps a consumer should take to respond to the product recall, including--

(I) returning the product to the manufacturer;

(II) replacing a part; or

(III) other appropriate action.

(vii) The contact information for the manufacturer, including the manufacturer's--

(I) name;

(II) postal address;

(III) telephone number, including any telephone number dedicated to the product recall; and

(IV) Web site, including any Web site dedicated to the product recall.

(viii) The contact information for the distributor, including the distributor's--

(I) name;

(II) postal address;

(III) telephone number, including any telephone number dedicated to the product recall; and

(IV) Web site, including any Web site dedicated to the product recall.

(ix) The date that the product first became available to consumers in the United States.

(x) The date that the product recall was issued.

(xi) The location of additional information about the product recall, including--

(I) the telephone number of each hotline dedicated to the product recall that was established by the enforcement agency, the manufacturer, or a third party; and

(II) the address of each Web site providing information concerning the product recall that was established by the agency, the manufacturer, or a third party.

(3) DISTRIBUTION-

(A) ONLINE AVAILABILITY- The head of each enforcement agency shall make each quarterly report it issues under this subsection available on the Web site of such agency. If a department has jurisdiction over such agency, the head of the department shall include a link to such report on the public Web site of that department.

(B) CONGRESS- The head of the enforcement agency shall submit each quarterly report to Congress.

(4) NOTICE-

(A) PRESS RELEASE- Not later than the end of the 30-day period beginning on the date of issuance of the quarterly report under paragraph (1), the head of each enforcement agency shall issue a press release. Such press release shall announce the availability of such report, including information on where members of the public can access the report.

(B) FEDERAL REGISTER- Not later than the end of the 30-day period beginning on the date of issuance of the quarterly report under paragraph (1), the head of the enforcement agency shall publish in the Federal Register a notice of the availability of the quarterly report.

(f) Posters and Other Materials in Public Places-

(1) POSTERS DESCRIBING SIGNIFICANT PRODUCT RECALLS-

(A) IN GENERAL- If a significant product recall of a product under the jurisdiction of an enforcement agency occurs, the head of such agency shall print and distribute a poster containing information describing such recall.

(B) CONTENTS- The poster shall include--

(i) information on whether the product recall was initiated by a Federal agency or by a private entity; and

(ii) information on how to find additional information about product recalls.

(C) DISTRIBUTION- The posters under subparagraph (A) shall be distributed to businesses and other members of the public upon request, at no charge.

(D) DEADLINE- The head of the enforcement agency shall print and distribute the poster under subparagraph (A) before the end of the 30-day period beginning on the date the product recall was issued.

(2) POSTERS DESCRIBING AGENCY ROLE IN PRODUCT SAFETY-

(A) IN GENERAL- The head of each enforcement agency shall--

(i) before the end of the 30-day period beginning on the date of enactment of this Act, issue posters and other printed materials that provide information on the role of the agency in product recalls and product safety; and

(ii) revise such materials as appropriate.

(B) DISTRIBUTION- The posters and other materials issued under subparagraph (A) shall be distributed to businesses and other members of the public upon request, at no charge.

(g) Notice of Private Product Recalls- Any manufacturer or distributor of a product who voluntarily initiates a product recall for that product as a result of safety concerns shall provide notice of such recall to the enforcement agency with the authority to regulate the safety of that product, before the end of the 10-day period beginning on the date that the manufacturer issues the product recall.

(h) Report to Congress- Not later than the end of the 30-day period beginning on the date of enactment of this Act, the head of each enforcement agency shall submit a report to Congress containing information on--

(1) the method by which information on product recalls is collected and is retained by the agency;

(2) a list of all product recalls concerning products under the jurisdiction of the agency during the 1-year period preceding the enactment of this section;

(3) the current practices of the agency for distributing information about product recalls to the public, including practices for providing information about the product recall--

(A) on the Internet;

(B) to the press; and

(4) the progress that the agency has made in developing the public information plan required under subsection (a); and

(5) a budget analysis detailing how the agency will use the amounts appropriated to it for purposes of this section.

(i) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, in addition to any other amounts otherwise authorized to be appropriated to provide the public with information about product recalls and product safety--

(1) to the Commission, $5,000,000 for fiscal year 2009 and $2,000,000 for each fiscal year thereafter; and

(2) to the head of each enforcement agency, other than the Commission, $1,000,000 for fiscal year 2009 and each fiscal year thereafter.

(j) Application of Deadlines- Each deadline established in this section for action by an enforcement agency or a manufacturer or distributor of a product applies only to the extent that the enforcement agency, manufacturer, or distributor can comply with the deadline and reasonably fulfil its obligations under other Federal statutes.

(k) Definitions- For purposes of this section, the following definitions apply:

(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission.

(2) CONSUMER- The term `consumer' means, with respect to a product, an individual who uses the product primarily for personal purposes.

(3) ENFORCEMENT AGENCY- The term `enforcement agency' means any Federal agency, including any independent agency and any independent regulatory agency, having authority granted by Federal statute to regulate product safety.

(4) PRODUCT- The term `product' means any article, or component part thereof, including food, produced or distributed--

(A) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; or

(B) for the personal use, consumption, or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise.

(5) PRODUCT RECALL- The term `product recall'--

(A) means a recall of a product issued to protect the safety of consumers; and

(B) includes--

(i) a corrective action related to a consumer product subject to an order under section 12 or 15 of the Consumer Product Safety Act (15 U.S.C. 2061, 2064);

(ii) the designation of a product as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.);

(iii) a voluntary corrective action related to a consumer product taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public and that would have been subject to a mandatory corrective action under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) or another Act enforced by the Commission if voluntary action had not been taken by the manufacturer; and

(iv) a corrective action related to any motor vehicle or replacement equipment that contains a defect related to motor vehicle safety or that does not comply with applicable motor vehicle safety standards and is subject to a notification order under section 30118(b) of title 49, United States Code, or a remedy under section 30120 of such title.

(6) RELEVANT DEPARTMENT- The term `relevant department' means any executive department that includes an enforcement agency.

END