“A bill to amend the Consumer Product Safety Act to protect Americans from harmful CCP products.”
No CRS summary available for this bill.
This section amends the Consumer Product Safety Act (CPSA) by adding a new subsection to Section 15 (15 U.S.C. 2064) to authorize the Consumer Product Safety Commission (CPSC) to issue a mandatory recall order without manufacturer or retailer consent for a consumer product presenting a substantial product hazard if (1) the manufacturer or retailer is located in the People's Republic of China (including Hong Kong and Macao), (2) the product is offered for sale directly to U.S. consumers including via online platforms, (3) the CPSC requested information or action related to the hazard and did not receive a timely or adequate response, and (4) the CPSC determines the product presents such a hazard—with a rebuttable presumption in favor of the CPSC's hazard determination and requiring notice published on the CPSC website and transmitted to known U.S. distributors, importers, and platforms at least 30 days before the order's effective date. The section also revises the definition of "distributor" in Section 3(a)(8) (15 U.S.C. 2052(a)(8)) to mean a person to whom a consumer product is delivered or sold for distribution in commerce (excluding the product's manufacturer or retailer), while deeming operators of e-commerce platforms headquartered in or primarily operating from China (including Hong Kong and Macao) that facilitate sales to U.S. consumers to be distributors regardless. (Thus, such platforms may be subject to CPSC enforcement actions available against distributors.)