Page:United States Statutes at Large Volume 122.djvu/3055

 12 2 STA T .30 32 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8forwhic h a ca ut io n ar ys tat em ent is re q uire d under su b- section ( a ) or (b) sha l l include the a p propriate cautionary statement displayed on or immediately ad j acent to that ad v ertisement , as modified by re g ulations issued under paragraph ( 3 ) .‘ ‘( B ) AP P LICAT I ON TO RE TAILER S . — ‘‘(i) R E QU IRE M ENT TO IN F ORM.—A manufacturer, importer, distributor, or private labeler that provides such a product to a retailer shall inform the retailer of any cautionary statement requirement applicable to the product. ‘‘(ii) RETAILER ’ S REQUIREMENT TO INQUIRE.—A retailer is not in violation of subparagraph (A) if the retailer requested information from the manufacturer, importer, distributor, or private labeler as to whether the cautionary statement required by subparagraph (A) applies to the product that is the subject of the advertisement and the manufacturer, importer, dis- tributor, or private labeler provided false information or did not provide such information. ‘‘( C ) D ISPLA Y .— T he cautionary statement required by subparagraph (A) shall be prominently displayed— ‘‘(i) in the primary language used in the advertise- ment ‘‘(ii) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed in such advertisement; and ‘‘(iii) in a manner consistent with part 150 0of title 1 6, Code of F ederal Regulations. ‘‘(D) DEFINITIONS.— I n this subsection

‘‘(i) The terms ‘manufacturer’, ‘distributor’, and ‘private labeler’ have the meaning given those terms in section 3 of the Consumer P roduct S afety Act (15 U .S.C. 2 052). ‘‘(ii) The term ‘retailer’ has the meaning given that term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052), but does not include an individual whose selling activity is intermittent and does not constitute a trade or business. ‘‘(2) E FFECTI V E D ATE.—The requirement in paragraph (1) shall ta k e effect— ‘‘(A) with respect to advertisements on Internet websites, 120 days after the date of enactment of the Con- sumer Product Safety Improvement Act of 200 8 ‘‘(B) with respect to catalogues and other printed mate- rials, 180 days after such date of enactment. ‘‘(3) RULEMA K IN G .— N otwithstanding any provision of chapter 6 of title 5, United States Code, or the Paperwork Reduction Act of 1 9 80( 4 4 U.S.C. 3501 et seq.), the Commission shall, not later than 90 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, promul- gate regulations to effectuate this section with respect to cata- logues and other printed material. The Commission may, under such regulations, provide a grace period of no more than 180 days for catalogues and other printed material printed prior to the effective date of paragraph (1) during which time dis- tribution of such catalogues and other printed material shall Deadlin e s.
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