Page:United States Statutes at Large Volume 98 Part 2.djvu/1110

 98 STAT. 2270

Prohibition.

19 USC 1202. Ante, p. 2269.

PUBLIC LAW 98-491—OCT. 17, 1984

"(B) To replace such toy or article with a like or equivalent toy or article which does not contain a defect which creates a substantial risk of injury to children. "(C) To refund the purchase price of such toy or article (less a reasonable allowance for use, if such toy or article has been in the possession of the consumer for 1 year or more (i) at the time of public notice under paragraph (1)(A), or (ii) at the time the consumer receives actual notice that the toy or article contains a defect which creates a substantial risk of injury to children, whichever first occurs). An order under this paragraph may also require the person 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 person to whom refunds must be made if the person to whom the order is directed elects to take the action described in subparagraph (C). If an order under this paragraph is directed to more than one person, the Commission shall specify which person has the election under this paragraph. An order under this paragraph may prohibit the person to whom it applies from manufacturing for sale, offering 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 toy or article with respect to which the order was issued.". (b) Section 15(d)(l) of the Federal Hazardous Substances Act, as so redesignated by subsection (a) of this section, is amended by striking "subsection (b)" and inserting in lieu thereof "subsection (b) or (c)". (c) Section 15(d)(2) of such Act, as so redesignated by subsection (a) of this section, is amended— (1) by striking "an article" and inserting in lieu thereof "a toy, article"; and (2) by inserting "toy," immediately before "article" the second and third time it appears. (d) Section 15(d)(2) and (e) of such Act, as so redesignated by subsection (a) of this section, is amended by striking "subsection (a) or (b)" and inserting in lieu thereof "subsection (a), (b), or (c)". Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 5818 (S. 2650): HOUSE REPORT No. 98-895 (Comm. on Energy and Commerce). SENATE REPORT No. 98-591 accompanying S. 2650 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 6, considered and passed House. Sept. 12, S. 2650 considered and passed Senate. Oct. 3, considered and passed Senate, amended; House concurred in Senate amendments.

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