Page:United States Statutes at Large Volume 122.djvu/3076

 12 2 STA T .305 3 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8undera n yoth er Ac ten f orced b y the C o m m is sion ( other than motor v ehic l ee q ui p ment as defined in section 301 0 2 (a ) ( 7 ) of title 49,U nited S tates Code), distributed in commerce, ’ ’ ( B ) by redesi g nating paragraphs (2) and (3) as para - graphs (3) and (4), respectively; (C) by inserting after paragraph (1) the follo w ing

‘(2) fails to comply with any other rule, regulation, standard, or ban under this Act or any other Act enforced by the Commission;’’; and ( D ) by adding at the end the following: ‘‘A report pro- vided under paragraph (2) may not be used as the basis for criminal prosecution of the reporting person under sec- tion 5 of the F ederal H a z ardous Substances Act (15 U . S.C. 12 6 4), e x cept for offenses which require a showing of intent to defraud or mislead.’’. (3) in subsection (c) — (A) by inserting ‘‘(1)’’ after the subsection designation; (B) by inserting ‘‘or if the Commission, after notifying the manufacturer, determines a product to be an imminently hazardous consumer product and has filed an action under section 12,’’ after ‘‘from such substantial product hazard,’’; (C) by redesignating paragraphs (1) through (3) as subparagraphs (D) through (F), respectively; (D) by inserting after ‘‘the following actions:’’ the fol- lowing: ‘‘(A) T o cease distribution of the product. ‘‘(B) To notify all persons that transport, store, distribute, or otherwise handle the product, or to which the product has been transported, sold, distributed, or otherwise handled, to cease immediately distribution of the product. ‘‘(C) To notify appropriate State and local public health officials.’’; ( E ) by stri k ing ‘‘comply.’’ in subparagraph (D), as redesignated, and inserting ‘‘comply, including posting clear and conspicuous notice on its I nternet website, providing notice to any third party Internet website on which such manufacturer, retailer, distributor, or licensor has placed the product for sale, and announcements in languages other than English and on radio and television where the Commission determines that a substantial number of con- sumers to whom the recall is directed may not be reached by other notice.’’; and (F) by adding at the end the following: ‘‘(2) The Commission may require a notice described in para- graph (1) to be distributed in a language other than English if the Commission determines that doing so is necessary to adequately protect the public. ‘‘(3) If a district court determines, in an action filed under section 12, that the product that is the sub j ect of such action is not an imminently hazardous consumer product, the Commission shall rescind any order issued under this subsection with respect to such product.’’; (4) in subsection (f)— (A) by striking ‘‘An order’’ and inserting ‘‘(1) Except as provided in paragraph (2), an order’’; and Notif i ca tio n. Notification.

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