In determining whether such proposed State and local programs are appropriate in implementing the purposes of this chapter, the Commission shall give favorable consideration to programs which establish separate State and local agencies to consolidate functions relating to product safety and other consumer protection activities.
The Commission may obtain from any Federal department or agency such statistics, data, program reports, and other materials as it may deem necessary to carry out its functions under this chapter. Each such department or agency may cooperate with the Commission and, to the extent permitted by law, furnish such materials to it. The Commission and the heads of other departments and agencies engaged in administering programs related to product safety shall, to the maximum extent practicable, cooperate and consult in order to insure fully coordinated efforts.
The Commission shall, to the maximum extent practicable, utilize the resources and facilities of the National Institute of Standards and Technology, on a reimbursable basis, to perform research and analyses related to risks of injury associated with consumer products (including fire and flammability risks), to develop test methods, to conduct studies and investigations, and to provide technical advice and assistance in connection with the functions of the Commission.
Notwithstanding section Commission may provide to another Federal agency or a State or local agency or authority engaged in activities relating to health, safety, or consumer protection, copies of any accident or investigation report made under this chapter by any officer, employee, or agent of the Commission only if (1) information which under section of this title is to be considered confidential is not included in any copy of such report which is provided under this subsection; and (2) each Federal agency and State and local agency and authority which is to receive under this subsection a copy of such report provides assurances satisfactory to the Commission that the identity of any injured person and any person who treated an injured person will not, without the consent of the person identified, be included in-of this title, the
which the agency or authority makes available to any member of the public. No Federal agency or State or local agency or authority may disclose to the public any information contained in a report received by the agency or authority under this subsection unless with respect to such information the Commission has complied with the applicable requirements of section of this title.
Notwithstanding the requirements of subsections (a)(3) and (b) of section Commission may make information obtained by the Commission available to any Federal, State, local, or foreign government agency upon the prior certification of an appropriate official of any such agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement or consumer protection purposes, if-of this title, relating to public disclosure of information, the
The Commission may abrogate any agreement or memorandum of understanding with another agency if the Commission determines that the other agency has failed to maintain in confidence any information provided under such agreement or memorandum of understanding, or has used any such information for purposes other than those set forth in such agreement or memorandum of understanding.
Except as provided in paragraph (4), the Commission shall not be required to disclose under section of title 5 or any other provision of law-
Nothing in this subsection authorizes the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission.
In this subsection, the term "foreign government agency" means-
Whenever the Commission is notified of any voluntary corrective action taken by a manufacturer (or a retailer in the case of a retailer selling a product under its own label) in consultation with the Commission, or issues an order under section 2064(c) or (d) of this title with respect to any product, the Commission shall notify each State's health department (or other agency designated by the State) of such voluntary corrective action or order.
1 See References in Text note below.
15 U.S.C. § 2078
REFERENCES IN TEXTSectionof title 50, referred to in subsec. (f)(1)(C), was repealed by Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section of title 50, see section 4813(c) of title 50, as enacted by Pub. L. 115-232.
AMENDMENTS2008-Subsec. (e). Pub. L. 110-314, §235(c)(7), substituted "Notwithstanding section Commission" for "The Commission" in introductory provisions.Subsecs. (f), (g). Pub. L. 110-314, §207, added subsecs. (f) and (g). 1988-Subsec. (d). Pub. L. 100-418 substituted "National Institute of Standards and Technology" for "National Bureau of Standards".1976-Subsec. (e). Pub. L. 94-284 added subsec. (e).of this title, the
EFFECTIVE DATESection effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92-573, set out as a note under sectionof this title.
- The term "Commission" means the Consumer Product Safety Commission, established by section 2053 of this title.
- The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, or the Trust Territory of the Pacific Islands.
- The term "manufacturer" means any person who manufactures or imports a consumer product.
- The term "retailer" means a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer.
- The terms "import" and "importation" include reimporting a consumer product manufactured or processed, in whole or in part, in the United States.
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and