§ 2063. — Product certification and labeling.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2063]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2063. Product certification and labeling
(a) Certification accompanying product; products with more than one
manufacturer
(1) Every manufacturer of a product which is subject to a consumer
product safety standard under this chapter and which is distributed in
commerce (and the private labeler of such product if it bears a private
label) shall issue a certificate which shall certify that such product
conforms to all applicable consumer product safety standards, and shall
specify any standard which is applicable. Such certificate shall
accompany the product or shall otherwise be furnished to any distributor
or retailer to whom the product is delivered. Any certificate under this
subsection shall be based on a test of each product or upon a reasonable
testing program; shall state the name of the manufacturer or private
labeler issuing the certificate; and shall include the date and place of
manufacture.
(2) In the case of a consumer product for which there is more than
one manufacturer or more than one private labeler, the Commission may by
rule designate one or more of such manufacturers or one or more of such
private labelers (as the case may be) as the persons who shall issue the
certificate required by paragraph (1) of this subsection, and may exempt
all other manufacturers of such product or all other private labelers of
the product (as the case may be) from the requirement under paragraph
(1) to issue a certificate with respect to such product.
(b) Rules to establish reasonable testing programs
The Commission may by rule prescribe reasonable testing programs for
consumer products which are subject to consumer product safety standards
under this chapter and for which a certificate is required under
subsection (a) of this section. Any test or testing program on the basis
of which a certificate is issued under subsection (a) of this section
may, at the option of the person required to certify the product, be
conducted by an independent third party qualified to perform such tests
or testing programs.
(c) Form and contents of labels
The Commission may by rule require the use and prescribe the form
and content of labels which contain the following information (or that
portion of it specified in the rule)--
(1) The date and place of manufacture of any consumer product.
(2) A suitable identification of the manufacturer of the
consumer product, unless the product bears a private label in which
case it shall identify the private labeler and shall also contain a
code mark which will permit the seller of such product to identify
the manufacturer thereof to the purchaser upon his request.
(3) In the case of a consumer product subject to a consumer
product safety rule, a certification that the product meets all
applicable consumer product safety standards and a specification of
the standards which are applicable.
Such labels, where practicable, may be required by the Commission to be
permanently marked on or affixed to any such consumer product. The
Commission may, in appropriate cases, permit information required under
paragraphs (1) and (2) of this subsection to be coded.
(Pub. L. 92-573, Sec. 14, Oct. 27, 1972, 86 Stat. 1220.)
Section Referred to in Other Sections
This section is referred to in sections 2066, 2068, 2082 of this
title.
