Page:United States Statutes at Large Volume 98 Part 2.djvu/1109

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PUBLIC LAW 98-000—MMMM. DD, 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.

Oct. 17, 1984 [H.R. 5818]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Toy Safety Act of 1984. be cited as the "Toy Safety Act of 1984". Hazardous SEC. 2. (a) Section 15 of the Federal Hazardous Substances Act (15 materials. U.S.C. 1274) is amended— 15 USC 1261 (1) by redesignating subsections (c), (d), and (e) as subsections note. (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 opportunity 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 notification is required to protect adequately the public from such toy or article, the Commission may order the manufacturer or any distributor 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 manufacturer, 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 persons, including consumers and consumer organizations, an opportunity 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.