(c) If, within such period, a person or organization offers to develop such a proposed standard or regulation and the Commission determines that 1 2 3 such person or organization: 4 5 6 7 8 9 10 11 12 13 14 15 (1) Is technically competent to undertake such a project; and (2) If an organization operates pursuant to fair procedures, including: (i) reasonable notice to and adequate participation by all interested parties including consumers, (ii) due process to all participants, (iii) maintenance of adequate records of deliberations which are available to the public, (iv) a requirement that all dissenting views on proposed standards be recorded and furnished to the Commission, and (v) such other procedures as the Commission deems necessary, -the Commission shall suspend its proceeding for the development of a consumer product safety standard for not more than 180 days and authorize such person or organization to develop a proposed standard or regulation. The Commission, for good cause shown, may extend such suspension for such additional period as it finds in the public interest and shall publish its reasons 17 for such determination. During such suspension the Commission may authorize its staff to develop proposals for a standard or regulation, or contract with third parties for such development. 16 18 19 20 21 (d) If, within such period, a proposed consumer product safety standard or regulation is developed by such person or organization, the Commis22 sion shall resume its proceeding and shall take such proposed standard 23 or regulation into consideration, along with the views of its staff, prior to 24 publishing a proposed consumer product safety standard or regulation in the 25 Federal Register. A consumer product safety standard or regulation shall 26 thereafter be published within 60 days of submission of such proposed 27 standard unless the Commission, for good cause shown, finds an extension of 28 such period is in the public interest and publishes its reasons for such 29 determination. Such standard or regulation shall include a finding that the 30 Commission determines it is reasonably necessary to prevent or reduce 31 unreasonable risk of death or personal injury to the public from the hazard described. 32 33 34 35 (e) If no person or organization offers and is authorized by the Commission to develop such a proposed consumer product safety standard or regulation, the Commission shall publish a consumer product safety 36 standard or regulation within 180 days of the publication of the notice 33 33 1 commencing the proceeding unless the Commission, for good cause shown, 2 finds an extension of such period is in the public interest and publishes its 3 reasons for such determination. Such standard or regulation shall include a 4 finding that the Commission determines it is reasonably necessary to prevent or 5 reduce unreasonable risk of death or personal injury to the public from the 6 hazard described. 7 Each consumer product safety standard or regulation shall specify 8 the date such standard or regulation is to take effect not exceeding 90 9 days from the date issued, unless the Commission finds, for good cause 10 shown, that a later effective date is in the public interest and publishes its 11 reasons for such finding. 12 15 (g) The Commission may by order amend or revoke any consumer 13 product safety standard or regulation established under this section. Such 14 order shall specify the date on which such amendment or revocation is to take effect which shall not exceed 90 days from the date the order is issued 16 unless the Commission finds for good cause shown that a later effective date is 17 in the public interest and publishes its reasons for such finding. Where an 18 amendment involves a material change in a standard or regulation subsections 19 (a)-(e) of this section shall apply. 20 (h) In issuing a consumer product safety standard pursuant to this 21 section, (1) the Commission shall not issue any standard unless there is an expression in the standard itself of the hazard which the standard is 23 designed to prevent or reduce; (2) shall whenever possible promulgate 24 performance standards; and (3) shall consider relevant available product data 25 including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act. 26 27 (i) Section 553 of Title 5, United States Code, shall apply to all proceedings for the purpose of establishing, amending, or revoking a consumer 29 product safety standard or other regulation pursuant to this Act. 30 32 33 34 28 Consumer Product Safety Standards—Imminent Hazards Section 9.-Whenever the Commission makes the findings specified in 35 Section 8(a) and, in addition, at any time finds (1) that such identified product 36 hazard presents an imminent risk to public health or safety and (2) the 1 consumer product in question is already being distributed, or is about to be 2 distributed in interstate commerce, the Commission may issue an interim 3 consumer product safety standard or regulation and make such standard or 4 regulation effective immediately or within such time as the Commission deems 5 necessary in the public interest. The Commission shall specify such findings in a 6 Federal Register notice promulgating such interim standard or regulation, and 7 such findings shall be subject to judicial review pursuant to Section 28. In any 8 such review proceeding an interim standard or regulation of the Commission 9 shall be sustained unless the party asserting its invalidity establishes by clear 10 and convincing proof that it is arbitrary. In the event the Commission issues an 11 interim consumer product safety standard or other regulation, it shall 12 commence and complete a proceeding under Section 8 with reasonable 13 promptness. 14 15 16 17 18 Consumer Product Safety Standards-Petition by Interested Party Section 10(a).-Any consumer or other interested party may petition the 19 Commission to commence a proceeding for the issuance, amendment, or 20 revocation of a consumer product safety standard or other regulation. 21 (b) Such petition shall be filed in the principal office of the Commission 22 and shall set forth: 23 24 25 26 27 28 29 30 (1) Facts which it is claimed establish the existence of an identified product hazard; (2) Facts which it is claimed establish that a consumer product safety standard or other regulation or an amendment or revocation thereof is necessary; and (3) The terms of any such consumer product safety standard or other regulation or amendment thereof which it is claimed should be issued by the Commission. (c) The Commission may, in its discretion, hold a public hearing or may 32 conduct such investigation or proceeding as it deems appropriate in order to 33 determine whether or not such petition should be granted. 34 (d) If the Commission grants such petition, it shall promptly commence an appropriate proceeding for the issuance of a consumer product safety 36 standard, or other regulation or, pursuant to Section 14, declare such 33356 2 appropriate. If the Commission denies such petition it shall publish its reasons product a banned hazardous product or take such other action as it deems 8 New Products Section 11(a).-The Commission shall have authority to promulgate 9 standards and procedures for the purpose of insuring that new consumer 10 products are adequately designed and tested to minimize unreasonable risk of death or personal injury to the public. 11 12 13 (b) For purposes of this section, a "new consumer product" is a consumer product which incorporates a design, material, or form of energy 14 exchange which (1) has not previously been used substantially in consumer products and (2) as to which there exists a lack of information 16 adequate to determine the safety of such product in use by consumers. 15 17 18 19 20 21 22 Suits by Commission Section 12(a).-Whenever the Commission shall have reason to believe that a make, model, or type of consumer product incorporating an identified 23 product hazard is being marketed or is about to be marketed, it is authorized to 24 commence an action for temporary and permanent injunctive relief with respect to such consumer product in an appropriate federal district court. 25 26 27 (b) Such a proceeding by the Commission shall be commenced by the filing of a complaint setting forth the facts which establish that the market28 ing of such consumer product presents or may present an unreasonable 29 risk of death or personal injury to the public and the nature of injunctive relief 30 which the Commission believes is necessary with respect thereto. 31 (c) The district courts of the United States shall have jurisdiction over 32 such actions commenced by the Commission. w w w w w w (d) The Commission may commence such actions in any district court in the United States in a district where any act, omission, or transaction constituting the alleged violation occurred, or is threatened, or in such court 36 for the district wherein the defendant is found or transacts business. In such 35 1 2 3 4 5 cases, process may be served in any other district in which the defendant is an inhabitant or wherever the defendant may be found. 6 7 8 9 Injunctive Relief Section 13(a).-If the court determines that the risk is unreasonable and the Commission is entitled to relief pursuant to Section 12 hereof, it may (i) enter an appropriate order enjoining the marketing of such consumer product, 10 and (ii) enter an appropriate order directing the defendant or defendants to establish such procedures with respect to such consumer product as are necessary to avoid unreasonable risk of death or personal injury to the public in the future. 11 12 13 14 (b) Those procedures which may be the subject of an affirmative order 15 of the court pursuant to this section may include: (i) collection and retention of information on the identity of purchasers and claims of injury or hazards; (ii) collection and retention of information on product performance and servicing, to the extent it relates to safety; (iii) procedures for adequate product design and performance; (v) inclusion of necessary warnings and instructions with consumer products; and (vi) procedures for adequate quality control. 28 26 27 29 30 31 32 33 34 35 36 Banned Hazardous Products Section 14(a).-Whenever the Commission finds: (1) That a consumer product incorporating an identified product hazard is being marketed, or is about to be marketed, and such consumer product presents an unreasonable risk of death or personal injury to the public; and (2) Notwithstanding any cautionary labeling, regulation, or safety standard as is or may be required under this Act, the degree or nature of the hazard involved in the use of the consumer product is such that |