[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 330 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 330

To prohibit the sale of any product to a consumer that is subject to a 
                    recall, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2011

  Mr. Schumer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To prohibit the sale of any product to a consumer that is subject to a 
                    recall, 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 Recall Protection Act of 
2011''.

SEC. 2. PROHIBITION ON THE SALE OF RECALLED PRODUCTS.

    (a) Definitions.--In this section:
            (1) Covered product.--The term ``covered product'' means 
        any of the following:
                    (A) A motor vehicle or replacement equipment, as 
                such terms are defined in section 30102 of title 49, 
                United States Code.
                    (B) Food, drugs, devices, and cosmetics as such 
                terms are defined in section 201 of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 321).
                    (C) A biological product as such term is defined in 
                section 351(i) of the Public Health Service Act (42 
                U.S.C. 262(i)).
                    (D) A consumer product, as such term is used in 
                section 3(a) of the Consumer Product Safety Act (15 
                U.S.C. 2052(a)).
                    (E)(i) A meat or meat food product within the 
                meaning given such terms in the Federal Meat Inspection 
                Act (21 U.S.C. 601 et seq.).
                    (ii) A poultry or poultry product as such terms are 
                defined in section 4 of the Poultry Products Inspection 
                Act (21 U.S.C. 453).
                    (iii) An egg or egg product as such terms are 
                defined in section 4 of the Egg Products Inspection Act 
                (21 U.S.C. 1033).
            (2) Recall.--With respect to a covered product, the term 
        ``recall'' means the following:
                    (A) In the case that the Secretary of 
                Transportation makes a determination under section 
                30118(b)(1) of title 49, United States Code, that a 
                covered product described in paragraph (1)(A) contains 
                a defect related to motor vehicle safety or does not 
                comply with an applicable motor vehicle safety standard 
                prescribed under chapter 301 of such title, giving 
                notification under section 30119 of such title and 
                remedying such defect or noncompliance under section 
                30120 of such title.
                    (B) In the case of--
                            (i) a device, as defined in section 201 of 
                        the Federal Food, Drug, and Cosmetic Act (21 
                        U.S.C. 321), an order under subsection 
                        (b)(1)(A) or (e) of section 518 of such Act (21 
                        U.S.C. 360h(b)(1)(A) and (e));
                            (ii) infant formula, as such term is 
                        defined in section 201 of the Federal Food, 
                        Drug, and Cosmetic Act (21 U.S.C. 321), a 
                        recall of infant formula begun by a 
                        manufacturer of infant formula that is carried 
                        out in accordance with section 412(f) of such 
                        Act (21 U.S.C. 350a(f)); and
                            (iii) any other covered product described 
                        in paragraph (1)(B), a recall of the covered 
                        product by the manufacturer or distributor in 
                        response to an advisory or other alert issued 
                        by the Commissioner of Food and Drugs that 
                        advises consumers to avoid the covered product.
                    (C) In the case of a product described in paragraph 
                (1)(C), an order under section 351(d) of the Public 
                Health Service Act (42 U.S.C. 262(d).
                    (D) In the case of a covered product described in 
                paragraph (1)(D), an action under subsection (c) and 
                (d) of section 15 of the Consumer Product Safety Act 
                (15 U.S.C. 2064).
                    (E) In the case of a covered product described in 
                paragraph (1)(E), a recall of the covered product 
                under--
                            (i) the Federal Meat Inspection Act (21 
                        U.S.C. 601 et seq.);
                            (ii) the Poultry Products Inspection Act 
                        (21 U.S.C. 451 et seq.); or
                            (iii) the Egg Products Inspection Act (21 
                        U.S.C. 1031 et seq.).
    (b) Prohibition.--
            (1) In general.--Except as provided in paragraph (2), a 
        person may not sell to a consumer any covered product that is 
        subject to a recall.
            (2) Remedied products.--Paragraph (1) shall not apply to 
        the sale to a consumer of a covered product that was subject to 
        a recall because of a defect in such product if--
                    (A) such defect was remedied prior to such sale; 
                and
                    (B) the seller of such product notifies such 
                consumer of such recall, defect, and remedy.
    (c) Enforcement.--
            (1) Unfair or deceptive act or practice.--A violation of a 
        prohibition described in subsection (b) shall be treated as a 
        violation of a rule defining an unfair or deceptive act or 
        practice described under section 18(a)(1)(B) of the Federal 
        Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Actions by the federal trade commission.--The Federal 
        Trade Commission shall enforce the provisions of this section 
        in the same manner, by the same means, and with the same 
        jurisdiction, powers, and duties as though all applicable terms 
        and provisions of the Federal Trade Commission Act (15 U.S.C. 
        41 et seq.) were incorporated into and made part of this 
        section.
            (3) Regulations.--The Federal Trade Commission shall 
        prescribe such regulations as the Commission considers 
        necessary to carry out this subsection and subsections (a) and 
        (b).
    (d) List of Recalled Products.--
            (1) In general.--The Consumer Product Safety Commission 
        shall, in cooperation with the Secretary of Agriculture, the 
        Commissioner of Food and Drugs, the Federal Trade Commission, 
        and the Secretary of Transportation, establish, maintain, and 
        make available to the public a list of covered products that 
        are subject to a recall.
            (2) Manner of publication.--The Consumer Product Safety 
        Commission shall make the list required by paragraph (1) 
        available to the public as a single searchable list containing 
        all covered products subject to a recall regardless of agency 
        jurisdiction.
                                 <all>