Page:United States Statutes at Large Volume 122.djvu/3049

 12 2 STA T .30 2 6PUBLIC LA W 110 – 31 4— AU G .14 , 200 8labe le rof a p ro duct a s sessed b y suc h co n for mi ty assessment body .‘ ‘ (B)GOVERNM EN TALP ART IC IPATION. —S uch term may include an entity that is o w ned or controlled in whole orinpartbya g o v ernment if— ‘‘(i) to the e x tent practicable , manufacturers or private labelers located in any nation are permitted to choose conformity assessment bodies that are not owned or controlled by the government of that nation ‘‘(ii) the entity ’ s testing results are not sub j ect to undue influence by any other person, including another governmental entity; ‘‘(iii) the entity is not accorded more favorable treatment than other third party conformity assess - ment bodies in the same nation who have been accred- ited under this section; ‘‘(iv) the entity’s testing results are accorded no greater weight by other governmental authorities than those of other third party conformity assessment bodies accredited under this section; and ‘‘(v) the entity does not exercise undue influence over other governmental authorities on matters affecting its operations or on decisions by other govern- mental authorities controlling distribution of products based on outcomes of the entity’s conformity assess- ments. ‘‘( C ) T E S TIN G AN D CERTI F ICATION OF ART MATERIALS AND PROD U CTS.— A certifying organi z ation (as defined in appendix A to section 150 0.1 4 (b)( 8 )oftitle1 6, Code of F ederal R egulations (or any successor regulation or ruling)) meets the re q uirements of subparagraph (A) with respect to the certification of art material and art products required under this section or by regulations prescribed under the Federal H azardous Substances Act (15 U .S.C. 1 2 61 et seq.). ‘‘( D ) FIRE W ALLED CONFORMIT Y ASSESSMENT B ODIES.— Upon request, the Commission may accredit a conformity assessment body that is owned, managed, or controlled by a manufacturer or private labeler as a third party conformity assessment body if the Commission by order finds that— ‘‘(i) accreditation of the conformity assessment body would provide equal or greater consumer safety protection than the manufacturer’s or private labeler’s use of an independent third party conformity assess- ment body; and ‘‘(ii) the conformity assessment body has estab- lished procedures to ensure that— ‘‘( I ) its test results are protected from undue influence by the manufacturer, private labeler or other interested party; ‘‘(II) the Commission is notified immediately of any attempt by the manufacturer, private labeler or other interested party to hide or exert undue influence over test results; and ‘‘(III) allegations of undue influence may be reported confidentially to the Commission. ‘‘(g) RE Q UIREMENTS FOR CERTIFICATES.—

�