Page:United States Statutes at Large Volume 95.djvu/748

 95 STAT. 722

PUBLIC LAW 97-35—AUG. 13, 1981 "NOTICE AND REPAIR, REPLACEMENT, OR REFUND

19 USC 1202 ^°^-

"SEC. 15. (a) If any article or substance sold in commerce is defined as a banned hazardous substance (whether or not it was such at the time of its sale) and the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing) that notification is required to adequately protect the public from such article or substance, the Commission may order the manufacturer or any distributor or deader of the article or substance to take any one or more of the following actions: "(1) To give public notice that the article or substance is a banned hazardous substance. "(2) To mail such notice to each person who is a manufacturer, distributor, or dealer of such article or substance. "(3) To mail such notice to every person to whom the person giving the notice knows such article or substance was delivered or sold. An order under this subsection shall speciiy the form and content of any notice required to be given under the order. (b) If any article or substance sold in commerce is defined as a banned hazardous substance (whether or not it was such at the time of its sale) and the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing) that action under this subsection is in the public interest, the Consumer Product Safety Commission may order the manufacturer, distributor, or dealer to take whichever of the following actions the person to whom the order is directed elects: "(1) If repairs to or changes in the article or substance may be made so that it will not be a banned hazardous substance, to make such repairs or changes. "(2) To replace such article or substance with a like or equivalent article or substance which is not a banned hazardous substance. "(3) To refund the purchase price of the article or substance (less a reasonable allowance for use, if the article or substance has been in the possession of the consumer for one year or more— "(A) at the time of public notice under subsection (a), or "(B) at the time the consumer receives actual notice that the article or substance is a banned hazardous substance, whichever first occurs). An order under this subsection may also require the peison to whom it applies to submit a plan, satisfactory to the Commission, for taking the action which such person has elected to take. The Commission shall specify in the order the persons to whom refunds must be made if the person to whom the order is directed elects to take the action described in paragraph (3). If an order under this subsection is directed to more than one person, the Commission shall specify which person has the election under this subsection. An order under this subsection may prohibit the person to whom it applies from manufacturing for sale, oflfering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general headnote 2 to the Tariff Schedules of the United States), or from doing any combination of such actions, with respect to the article or substance with respect to which the order was issued. "(c)(1) No charge shall be made to any person (other than a manufacturer, distributor, or dealer) who avails himself of any

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