Page:United States Statutes at Large Volume 122.djvu/3073

 12 2 STA T .305 0 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8‘ ‘ (D)themanuf a c tu r er ’so r p r iv ate l a b eler’s name an d ‘‘( E ) such other elements as the C ommission considers in the public interest . ‘‘( 5 ) NOTICER E QU IRE M E N T S . —T he Commission shall pro - vide clear and conspicuous notice to users of the database that the Commission does not g uarantee the accurac y, complete- ness, or ade q uacy of the contents of the database. ‘‘( 6 ) AVA I L A B ILIT Y O F CONTACT INFORMATION.—The Commis- sion may not disclose, under this section, the name, address, or other contact information of any individual or entity that submits to the Commission a report described in paragraph ( 1 )(A), e x cept that the Commission may provide such informa- tion to the manufacturer or private labeler of the product w ith the express written consent of the person submitting the information. Consumer information provided to a manufacturer or private labeler under this section may not be used or dissemi- nated to any other party for any purpose other than verifying a report submitted under paragraph (1)(A). ‘‘(c) P ROCE D URAL R EQUIREMENTS.— ‘‘(1) TRANSMISSION OF RE P ORTS TO MANUFACTURERS AND PRIVATE LABELERS.—Not later than 5 business days after the Commission receives a report described in subsection (b)(1)(A) which includes the information required by subsection (b)( 2 )( B ), the Commission shall to the extent practicable transmit the report, sub j ect to subsection (b)(6), to the manufacturer or private labeler identified in the report. ‘‘(2) O PPORTUNITY TO COMMENT.— ‘‘(A) I N G ENERAL.—If the Commission transmits a report under paragraph (1) to a manufacturer or private labeler, the Commission shall provide such manufacturer or private labeler an opportunity to submit comments to the Commission on the information contained in such report. ‘‘(B) REQUEST FOR INCLUSION IN DATABASE.—A manu- facturer or private labeler may request the Commission to include its comments in the database. ‘‘(C) CONFIDENTIAL MATTER.— ‘‘(i) IN GENERAL.—If the Commission transmits a report received under paragraph (1) to a manufacturer or private labeler, the manufacturer or private labeler may review the report for confidential information and request that portions of the report identified as con- fidential be so designated. ‘‘(ii) REDACTION.—If the Commission determines that the designated information contains, or relates to, a trade secret or other matter referred to in section 1 90 5oftitle1 8, U nited S tates Code, or that is subject to section 552(b)( 4 ) of title 5, United States Code, the Commission shall redact the designated information in the report before it is placed in the database. ‘‘(iii) REVIE W .—If the Commission determines that the designated information is not confidential under clause (ii), the Commission shall notify the manufac- turer or private labeler and include the information in the database. The manufacturer or private labeler may bring an action in the district court of the United States in the district in which the complainant resides,

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