Page:United States Statutes at Large Volume 104 Part 4.djvu/799

 PUBLIC LAW 101-608 —NOV. 16, 1990 104 STAT. 3115 SEC. 112. INFORMATION REPORTING TO CONSUMER PRODUCT SAFETY COMMISSION. (a) SECTION 15(b) REPORTING.— Section 15(b) (15 U.S.C. 2064(b)) is amended— (1) in paragraph (1), by striking "; or" and inserting in lieu thereof "or with a voluntary consumer product safety standard upon which the Commission has relied under section 9;"; (2) in paragraph (2), by striking the comma and inserting in lieu thereof "; or'; (3) by inserting immediately after paragraph (2) the following: "(3) creates an unreasonable risk of serious injury or death,"; (4) by striking "comply or of such defect," and inserting in lieu thereof "comply, of such defect, or of such risk,"; and (5) by striking "defect or failure to comply." and inserting in lieu thereof "defect, failure to comply, or such risk.". (b) INFORMATION REPORTING.— The Consumer Product Safety Act is amended by adding at the end the following new section: "INFORMATION REPORTING "SEC. 37. (a) If a particular model of a consumer product is the Manufacturing, subject of at least 3 civil actions that have been filed in Federal or ^^ ^^ ^^^'*- State court for death or grievous bodily injury which in each of the 24-month periods defined in subsection (b) result in either a final settlement involving the manufacturer or a court judgment in favor of the plaintiff, the manufacturer of such product shall, in accordance with subsection (c), report to the Commission each such civil action within 30 days after the final settlement or court judgment in the third of such civil actions, and, within 30 days after any subsequent settlement or judgment in that 24-month period, any other such action. "(b) The 24-month periods referred to in subsection (a) are the 24- month period commencing on January 1, 1991, and subsequent 24-month periods beginning on January 1 of the calendar year that is two years following the beginning of the previous 24-month period. "(c)(1) The information required by subsection (a) to be reported to the (Dommission, with respect to each civil action described in subsection (a), shall include and in addition to any voluntary information provided under paragraph (2) shall be limited to the following: "(A) The name and address of the manufacturer. "(B) The model and model number or designation of the consumer product subject to the civil action. "(C) A statement as to whether the civil action alleged death or grievous bodily injury, and in the case of an allegation of grievous bodily injury, a statement of the category of such injury. "(D) A statement as to whether the civil action resulted in a final settlement or a judgment in favor of the plaintiff. "(E) in the case of a judgment in favor of the plaintiff, the name of the civil action, the number assigned the civil action, and the court in which the civil action was filed. "(2) A manufacturer furnishing the report required by paragraph (1) may include (A) a statement as to whether any judgment in favor of the plaintiff is under appeal or is expected to be appealed or (B) any other information which the manufacturer chooses to provide.

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