Page:United States Statutes at Large Volume 82.djvu/1222

 1180

PUBLIC LAW 90-602-OCT. 18, 1968

[82 STAT.

" NOTIFICATION OF DEFECTS I N, AND REPAIR OR REPLACEMENT OP, ELECTRONIC PRODUCTS

359. (a)(1) Every manufacturer of electronic products who discovers that an electronic product produced, assembled, or imported by him has a defect which relates to the safety of use of such product by reason of the emission of electronic product radiation, or that an electronic product produced, assembled, or imported by him on or after the effective date of an applicable standard prescribed pursuant to section 358 fails to comply with such standard, shall immediately notify the Secretary of such defect or failure to comply if such product has left the place of manufacture and shall (except as authorized by paragraph (2)) with reasonable promptness furnish notification of such defect or failure to the persons (where known to the manufacturer) specified in subsection (b) of this section. "(2) If, in the opinion of such manufacturer, the defect or failure to comply is not such as to create a significant risk of injury, including genetic injury, to any person, he may, at the time of giving notice to the Secretary of such defect or failure to comply, apply to the Secretary for an exemption from the requirement of notice to the persons specified in subsection (b). If such application states reasonable grounds for such exemption, the Secretary shall afford such manufacturer an opportunity to present his views and evidence in support of the application, the burden of proof being on the manufacturer. If, after such presentation, the Secretary is satisfied that such defect or failure to comply is not such as to create a significant risk of injury, including genetic injury, to any person, he shall exempt such manufacturer from the requirement of notice to the persons specified in subsection (b) of this section and from the requirements of repair or replacement imposed by subsection (f) of this section. "(b) The notification (other than to the Secretary) required by paragraph (1) of subsection (a) of this section shall be accomplished— "(1) by certified mail to the first purchaser of such product for purposes other than resale, and to any subsequent transferee of such product; and "(2) by certified mail or other more expeditious means to the dealers or distributors of such manufacturer to whom such product was delivered. "(c) The notifications required by paragraph (1) of subsection (a) of this section shall contain a clear description of such defect or failure to comply with an applicable standard, an evaluation of the hazard reasonably related to such defect or failure to comply, and a statement of the measures to be taken to repair such defect. In the case of a notification to a person referred to m subsection (b) of this section, the notification shall also advise the person of his rights under subsection (f) of this section. " (d) Every manufacturer of electronic products shall furnish to the Secretary a true or representative copy oi all notices, bulletins, and other communications to the dealers or distributors of such manufacturer or to purchasers (or subsequent transferees) of electronic products of such manufacturer regarding any such defect in such product or any such failure to comply with a standard applicable to such product. The Secretary shall disclose to the public so much of the information contained in such notice or other information obtained under section 360A as he deems will assist in carrying out the purposes of this subpart, but he shall not disclose any information which contains or relates to a trade secret or other matter referred to in section iQQ^ of fc^tle 18 of the United States Code unless he determines that it is necessary to carry out the purposes of this subpart. ''SEC.

62 Stat. 79 1.

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