Page:United States Statutes at Large Volume 122.djvu/3048

 12 2 STA T .30 2 5PUBLIC LA W 110 – 31 4— AU G .14 , 200 8‘ ‘ (i i )forthe te s ti ng ofr a n d o m sam pl es to ens u re c ontinued compliance ‘‘(iii) for v erif y ing that a children ’ s product tested b y a conformity assessment body complies w ith applicable children’s product safety rules; and ‘‘(iv) for safeguarding against the e x ercise of undue influence on a third party conformity assessment body by a manufacturer or private labeler . ‘‘(e) WITHDRAW A LOFAC CR E DITATIO N . — ‘‘( 1 ) I N G ENERAL.— T he C ommission may withdraw its accreditation or its acceptance of the accreditation of a third party conformity assessment body accredited under this section if the Commission finds , after notice and investigation, that— ‘‘(A) a manufacturer, private labeler, or governmental entity has exerted undue influence on such conformity assessment body or otherwise interfered with or com - promised the integrity of the testing process with respect to the certification of a children’s product under this sec- tion; or ‘‘( B ) such conformity assessment body failed to comply with an applicable protocol, standard, or re q uirement estab- lished by the Commission under subsection (d). ‘‘( 2 ) P ROCED U RE.—In any proceeding to withdraw the accreditation of a conformity assessment body, the Commis- sion— ‘‘(A) shall consider the gravity of the conformity assess- ment body’s action or failure to act, including— ‘‘(i) whether the action or failure to act resulted in in j ury, death, or the ris k of injury or death; ‘‘(ii) whether the action or failure to act constitutes an isolated incident or represents a pattern or practice; and ‘‘(iii) whether and when the conformity assessment body initiated remedial action; and ‘‘(B) may— ‘‘(i) withdraw its acceptance of the accreditation of the conformity assessment body on a permanent or temporary basis; and ‘‘(ii) establish requirements for reaccreditation of the conformity assessment body. ‘‘( 3 ) F AILURE TO COO P ERATE.—The Commission may sus- pend the accreditation of a conformity assessment body if it fails to cooperate with the Commission in an investigation under this section. ‘‘(f) D EFINITION S .—In this section

‘‘(1) CHILDREN’S PRODUCT SAFET Y RULE.—The term ‘chil- dren’s product safety rule’ means a consumer product safety rule under this Act or similar rule, regulation, standard, or ban under any other Act enforced by the Commission, including a rule declaring a consumer product to be a banned ha z ardous product or substance. ‘‘(2) THIRD PARTY CONFOR M ITY ASSESSMENT B ODY.— ‘‘(A) IN GENERAL.—The term ‘third party conformity assessment body’ means a conformity assessment body that, except as provided in subparagraph (D), is not owned, managed, or controlled by the manufacturer or private

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