[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5636 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5636

To establish a comprehensive process to inform American consumers about 
           food and product recalls, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2008

Mr. Lewis of Georgia introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To establish a comprehensive process to inform American consumers about 
           food and product recalls, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Product and Food Safety 
Information Act of 2008''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish a simple, centralized, and 
comprehensive public information process to notify American consumers 
about product recalls.

SEC. 3. IMPROVED PUBLIC NOTICE OF PRODUCT RECALLS AND PRODUCT SAFETY 
              INFORMATION.

    (a) Public Information Initiative.--
            (1) In general.--The head of each enforcement agency shall 
        design and implement a public information plan to use agency 
        and media resources to provide information to the public 
        concerning--
                    (A) the role of the agency in ensuring product 
                safety;
                    (B) steps consumers can take to enhance their 
                safety while using products under the jurisdiction of 
                the agency;
                    (C) information about product recalls concerning 
                products under the jurisdiction of the agency; and
                    (D) additional information that the agency head 
                determines will enhance consumer safety.
            (2) Components of initiative.--The plan under paragraph (1) 
        shall include procedures for developing and distributing the 
        following materials:
                    (A) Public service announcements under subsection 
                (d).
                    (B) Quarterly reports under subsection (e).
                    (C) Posters and other materials under subsection 
                (f).
                    (D) Other appropriate mechanisms for communicating 
                product safety information to the public.
    (b) Clearinghouse.--
            (1) In general.--The Commission shall establish a 
        clearinghouse to collect and distribute product recall and 
        product safety information.
            (2) Contribution of information.--Before the end of the 30-
        day period beginning on the date the materials listed under 
        subsection (a)(2) are made available to the public by an 
        enforcement agency, the head of each enforcement agency shall 
        provide electronic copies of the materials to the Commission 
        for inclusion in the clearinghouse.
            (3) Availability to the public.--
                    (A) Physical location.--Before the end of the 30-
                day period beginning on the date the Commission 
                receives the materials under paragraph (2), the 
                Commission shall make the materials available in a 
                central location that is open to the public.
                    (B) Web site.--Before the end of the 14-day period 
                beginning on the date the Commission receives the 
                materials under paragraph (2), the Commission shall 
                make the materials available on the Web site 
                established under subsection (c).
            (4) Distribution of materials.--
                    (A) Distribution to government entities.--
                            (i) In general.--The Commission shall 
                        distribute the materials in the clearinghouse 
                        to an entity listed in clause (ii) for 
                        distribution in accordance with that clause, if 
                        the Commission determines that the materials 
                        are related to the persons served by that 
                        entity.
                            (ii) Entities; further distribution.--The 
                        entities referred to in subparagraph (A) are 
                        the following:
                                    (I) The Federal Citizen Information 
                                Center of the General Services 
                                Administration.
                                    (II) The Federal Trade Commission, 
                                which may provide the materials to the 
                                public as appropriate.
                                    (III) The Department of Education, 
                                which, as determined appropriate by the 
                                Secretary of Education, may provide the 
                                materials--
                                            (aa) to public schools; and
                                            (bb) to the public through 
                                        the Department of Education Web 
                                        site.
                                    (IV) The Government Printing 
                                Office, which, as determined 
                                appropriate by the Director of the 
                                Government Printing Office, may 
                                distribute the materials to the Federal 
                                depository libraries.
                                    (V) State and local government 
                                officials, including the head of a 
                                State department of health or its 
                                equivalent.
                    (B) Distribution to the public.--The Commission 
                shall make available to the public, upon request and 
                without charge, copies of--
                            (i) the quarterly reports under section 
                        (a)(2)(B); and
                            (ii) any other materials collected for the 
                        clearinghouse that the Commission determines is 
                        appropriate for direct distribution to members 
                        of the public.
            (5) Toll-free number.--
                    (A) In general.--The Commission shall establish a 
                toll-free telephone number to--
                            (i) provide information about--
                                    (I) product recalls and product 
                                safety; and
                                    (II) materials available under 
                                paragraph (4)(B); and
                            (ii) to allow individuals to request such 
                        materials.
                    (B) Accessibility.--The toll-free telephone number 
                shall make information available--
                            (i) to the hearing impaired and the 
                        visually impaired; and
                            (ii) in English, Spanish, French, Japanese, 
                        Chinese, Vietnamese, Korean, and Tagalog.
                    (C) Form of distribution.--The Commission shall 
                distribute materials in an electronic form unless the 
                Commission determines that a hard copy is appropriate.
    (c) Comprehensive Product Recall Web Site.--
            (1) In general.--The Commission shall establish a public 
        Web site to provide information to the public about product 
        recalls.
            (2) Contents.--
                    (A) Required information.--The Commission shall 
                include on the Web site--
                            (i) information on product recalls, 
                        including information on whether each product 
                        recall was initiated by a Federal agency or by 
                        another entity;
                            (ii) electronic versions of the quarterly 
                        reports under subsection (e);
                            (iii) access to other information available 
                        in the clearinghouse established by the 
                        Commission under subsection (b); and
                            (iv) a search function that allows users to 
                        use a single search to find product recalls 
                        concerning products under the jurisdiction of 
                        multiple enforcement agencies.
                    (B) Optional information.--The Commission may 
                include on the Web site--
                            (i) additional information concerning 
                        product recalls, including press releases and 
                        links to other Web sites providing information 
                        about product recalls;
                            (ii) information for consumers on product 
                        licensing, certification, and labeling, 
                        including links to other Web sites containing 
                        such information; and
                            (iii) additional information on product 
                        safety for consumers, including links to other 
                        Web sites containing such information.
            (3) Deadline.--The Commission shall make the Web site 
        available to the public not later than 30 days after the date 
        of enactment of this Act.
            (4) Updates.--The Commission shall update the information 
        on the Web site before the end of the 14-day period beginning 
        on the date that new information listed in paragraph (2)(A) is 
        submitted to the clearinghouse established under subsection 
        (b).
            (5) Links.--The head of each enforcement agency, each 
        relevant department, the Federal Trade Commission, and the 
        Department of Education shall prominently display a link to the 
        Web site established under paragraph (1) on the public Web site 
        of such agency or department, respectively.
    (d) Public Service Announcements.--
            (1) In general.--The head of each enforcement agency shall 
        issue national public service announcements via newspaper, 
        radio, television, and the Internet that contain--
                    (A) information on--
                            (i) the role of the agency in product 
                        safety;
                            (ii) the types of products regulated by the 
                        agency;
                            (iii) the availability and location of 
                        print, Internet, and other resources on recent 
                        product recalls, including information on the 
                        Web site established under subsection (c);
                            (iv) the role of the consumer in--
                                    (I) evaluating the safety of a 
                                product prior to purchasing such 
                                product;
                                    (II) using a product in a safe 
                                manner; and
                                    (III) participating in a product 
                                recall;
                    (B) contact information for consumers seeking 
                information about product safety; and
                    (C) other information that the head of the agency 
                considers relevant to informing consumers about product 
                recalls and product safety.
            (2) Required information for a public service announcement 
        describing a recall.--If a public service announcement made 
        under paragraph (1) includes information about a specific 
        product recall, that announcement must state whether the 
        product recall was initiated by a Federal agency or by a 
        private entity.
            (3) Frequency.--The head of each enforcement agency shall 
        issue the announcements required under paragraph (1) at least--
                    (A) not later than the end of the 30-day period 
                beginning on the date of issuance by the agency of each 
                quarterly report under subsection (e); and
                    (B) within--
                            (i) the 7-day period ending on each Federal 
                        holiday; and
                            (ii) the 7-day period beginning on each 
                        Federal holiday.
    (e) Quarterly Report.--
            (1) In general.--Not later than 30 days after the end of 
        each fiscal year quarter, the head of each enforcement agency 
        shall issue in accordance with this subsection a report that 
        lists all products that--
                    (A) were subject to a product recall in the 
                previous quarter; and
                    (B) are within the administrative jurisdiction of 
                the agency.
            (2) Contents.--
                    (A) General information.--The report shall contain 
                the address of the Web site established under 
                subsection (c).
                    (B) Specific product information.--The report shall 
                contain the following information for each product 
                listed in such report:
                            (i) The product name.
                            (ii) A photograph of the product.
                            (iii) A clear and concise description of 
                        the product.
                            (iv) The reason for the product recall.
                            (v) Whether the product recall was 
                        initiated by a Federal agency or by a private 
                        entity.
                            (vi) A description of the steps a consumer 
                        should take to respond to the product recall, 
                        including--
                                    (I) returning the product to the 
                                manufacturer;
                                    (II) replacing a part; or
                                    (III) other appropriate action.
                            (vii) The contact information for the 
                        manufacturer, including the manufacturer's--
                                    (I) name;
                                    (II) postal address;
                                    (III) telephone number, including 
                                any telephone number dedicated to the 
                                product recall; and
                                    (IV) Web site, including any Web 
                                site dedicated to the product recall.
                            (viii) The contact information for the 
                        distributor, including the distributor's--
                                    (I) name;
                                    (II) postal address;
                                    (III) telephone number, including 
                                any telephone number dedicated to the 
                                product recall; and
                                    (IV) Web site, including any Web 
                                site dedicated to the product recall.
                            (ix) The date that the product first became 
                        available to consumers in the United States.
                            (x) The date that the product recall was 
                        issued.
                            (xi) The location of additional information 
                        about the product recall, including--
                                    (I) the telephone number of each 
                                hotline dedicated to the product recall 
                                that was established by the enforcement 
                                agency, the manufacturer, or a third 
                                party; and
                                    (II) the address of each Web site 
                                providing information concerning the 
                                product recall that was established by 
                                the agency, the manufacturer, or a 
                                third party.
            (3) Distribution.--
                    (A) Online availability.--The head of each 
                enforcement agency shall make each quarterly report it 
                issues under this subsection available on the Web site 
                of such agency. If a department has jurisdiction over 
                such agency, the head of the department shall include a 
                link to such report on the public Web site of that 
                department.
                    (B) Congress.--The head of the enforcement agency 
                shall submit each quarterly report to Congress.
            (4) Notice.--
                    (A) Press release.--Not later than the end of the 
                30-day period beginning on the date of issuance of the 
                quarterly report under paragraph (1), the head of each 
                enforcement agency shall issue a press release. Such 
                press release shall announce the availability of such 
                report, including information on where members of the 
                public can access the report.
                    (B) Federal register.--Not later than the end of 
                the 30-day period beginning on the date of issuance of 
                the quarterly report under paragraph (1), the head of 
                the enforcement agency shall publish in the Federal 
                Register a notice of the availability of the quarterly 
                report.
    (f) Posters and Other Materials in Public Places.--
            (1) Posters describing significant product recalls.--
                    (A) In general.--If a significant product recall of 
                a product under the jurisdiction of an enforcement 
                agency occurs, the head of such agency shall print and 
                distribute a poster containing information describing 
                such recall.
                    (B) Contents.--The poster shall include--
                            (i) information on whether the product 
                        recall was initiated by a Federal agency or by 
                        a private entity; and
                            (ii) information on how to find additional 
                        information about product recalls.
                    (C) Distribution.--The posters under subparagraph 
                (A) shall be distributed to businesses and other 
                members of the public upon request, at no charge.
                    (D) Deadline.--The head of the enforcement agency 
                shall print and distribute the poster under 
                subparagraph (A) before the end of the 30-day period 
                beginning on the date the product recall was issued.
            (2) Posters describing agency role in product safety.--
                    (A) In general.--The head of each enforcement 
                agency shall--
                            (i) before the end of the 30-day period 
                        beginning on the date of enactment of this Act, 
                        issue posters and other printed materials that 
                        provide information on the role of the agency 
                        in product recalls and product safety; and
                            (ii) revise such materials as appropriate.
                    (B) Distribution.--The posters and other materials 
                issued under subparagraph (A) shall be distributed to 
                businesses and other members of the public upon 
                request, at no charge.
    (g) Notice of Private Product Recalls.--Any manufacturer or 
distributor of a product who voluntarily initiates a product recall for 
that product as a result of safety concerns shall provide notice of 
such recall to the enforcement agency with the authority to regulate 
the safety of that product, before the end of the 10-day period 
beginning on the date that the manufacturer issues the product recall.
    (h) Report to Congress.--Not later than the end of the 30-day 
period beginning on the date of enactment of this Act, the head of each 
enforcement agency shall submit a report to Congress containing 
information on--
            (1) the method by which information on product recalls is 
        collected and is retained by the agency;
            (2) a list of all product recalls concerning products under 
        the jurisdiction of the agency during the 1-year period 
        preceding the enactment of this section;
            (3) the current practices of the agency for distributing 
        information about product recalls to the public, including 
        practices for providing information about the product recall--
                    (A) on the Internet;
                    (B) to the press; and
                    (C) to public libraries;
            (4) the progress that the agency has made in developing the 
        public information plan required under subsection (a); and
            (5) a budget analysis detailing how the agency will use the 
        amounts appropriated to it for purposes of this section.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, in addition to any other 
amounts otherwise authorized to be appropriated to provide the public 
with information about product recalls and product safety--
            (1) to the Commission, $5,000,000 for fiscal year 2009 and 
        $2,000,000 for each fiscal year thereafter; and
            (2) to the head of each enforcement agency, other than the 
        Commission, $1,000,000 for fiscal year 2009 and each fiscal 
        year thereafter.
    (j) Application of Deadlines.--Each deadline established in this 
section for action by an enforcement agency or a manufacturer or 
distributor of a product applies only to the extent that the 
enforcement agency, manufacturer, or distributor can comply with the 
deadline and reasonably fulfil its obligations under other Federal 
statutes.
    (k) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Consumer.--The term ``consumer'' means, with respect to 
        a product, an individual who uses the product primarily for 
        personal purposes.
            (3) Enforcement agency.--The term ``enforcement agency'' 
        means any Federal agency, including any independent agency and 
        any independent regulatory agency, having authority granted by 
        Federal statute to regulate product safety.
            (4) Product.--The term ``product'' means any article, or 
        component part thereof, including food, produced or 
        distributed--
                    (A) for sale to a consumer for use in or around a 
                permanent or temporary household or residence, a 
                school, in recreation, or otherwise; or
                    (B) for the personal use, consumption, or enjoyment 
                of a consumer in or around a permanent or temporary 
                household or residence, a school, in recreation, or 
                otherwise.
            (5) Product recall.--The term ``product recall''--
                    (A) means a recall of a product issued to protect 
                the safety of consumers; and
                    (B) includes--
                            (i) a corrective action related to a 
                        consumer product subject to an order under 
                        section 12 or 15 of the Consumer Product Safety 
                        Act (15 U.S.C. 2061, 2064);
                            (ii) the designation of a product as a 
                        banned hazardous substance under the Federal 
                        Hazardous Substances Act (15 U.S.C. 1261 et 
                        seq.);
                            (iii) a voluntary corrective action related 
                        to a consumer product taken by the 
                        manufacturer, in consultation with the 
                        Commission, of which action the Commission has 
                        notified the public and that would have been 
                        subject to a mandatory corrective action under 
                        the Consumer Product Safety Act (15 U.S.C. 2051 
                        et seq.) or another Act enforced by the 
                        Commission if voluntary action had not been 
                        taken by the manufacturer; and
                            (iv) a corrective action related to any 
                        motor vehicle or replacement equipment that 
                        contains a defect related to motor vehicle 
                        safety or that does not comply with applicable 
                        motor vehicle safety standards and is subject 
                        to a notification order under section 30118(b) 
                        of title 49, United States Code, or a remedy 
                        under section 30120 of such title.
            (6) Relevant department.--The term ``relevant department'' 
        means any executive department that includes an enforcement 
        agency.
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