[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27416]


[[Page Unknown]]

[Federal Register: November 7, 1994]


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CONSUMER PRODUCT SAFETY COMMISSION

 

Product Identification; Notice of Inquiry; Request for Comments 
and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of inquiry.

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SUMMARY: The Commission frequently warns the public about unsafe 
products or works with industry to conduct recalls or other corrective 
actions on such products that are in the hands of consumers. However, 
these products can be difficult for the Commission and consumers to 
identify because they often lack markings that specify the name and 
address of the manufacturer or importer.
    To address this problem, the Commission is considering requiring 
firms to put identifying information on their products. The Commission 
will also consider alternative ways to address the problem. Therefore, 
the Commission is issuing this notice of inquiry to solicit comments 
from industry, consumers and all other interested parties. The 
Commission is particularly interested in receiving specific information 
on the expected economic effects of this proposal.
    After evaluating all comments received and all information 
available, the Commission will decide whether to propose for additional 
public comment a product identification rule.

DATES: Written comments in response to this notice of inquiry must be 
received by the Commission no later than January 6, 1995.

ADDRESSES: Comments, preferably in five (5) copies, should be mailed to 
the Office of the Secretary, Consumer Product Safety Commission, 
Washington, DC 20207-0001 or delivered to room 502, 4330 East West 
Highway, Bethesda, Maryland 20814.

FOR FURTHER INFORMATION CONTACT: Alan Shakin, Office of the General 
Counsel, Room 700, at the above address; telephone 301-504-0980.

SUPPLEMENTARY INFORMATION:

A. Background

    The Commission has the authority to order firms to repair, replace 
or refund the purchase price of unsafe consumer products, see 15 U.S.C. 
1274(b) and 2064(d), and to give public notice of the hazards. 15 
U.S.C. 1274(a) and 2064(c). In addition, the Commission frequently 
reaches agreements with firms to give public notice and take corrective 
actions voluntarily to remove unsafe products from the marketplace. In 
this notice we will refer to the corrective actions of notice and 
repair, replacement and refund generally as ``recalls.''
    The Commission consistently works to improve the effectiveness of 
recalls of unsafe consumer products by making more consumers aware of 
recalls and by encouraging more consumers to respond when they have a 
recalled product. The most effective recalls occur when consumers can 
be told that a recall applies to a particular brand and model of a 
product that was manufactured at a particular time, and when all of 
this information is displayed on the product.
    Sometimes, however, the Commission cannot even seek a recall of an 
unsafe product because the Commission does not know what firm 
manufactured, imported or distributed the product to consumers. For 
example, since 1984 the Commission knows of more than 20 children who 
choked to death on toys that could not be identified. These toys had no 
identifying information on them--except perhaps the country of 
manufacture--and the place of purchase was unknown.
    In other cases, the Commission is able to identify the firm that 
made or imported the product and is able to negotiate a recall. 
However, the absence of identifying information on the product makes it 
extremely difficult for consumers to know whether they have the 
recalled product.
    A recent example of this situation is a pacifier that failed to 
comply with the Commission's safety requirements. The Commission and 
firm negotiated a recall and attempted to describe the pacifier in a 
joint press release. However, this pacifier was virtually 
indistinguishable from many other pacifiers unaffected by the recall, 
and therefore was difficult to describe meaningfully to consumers. The 
press release described the affected pacifier as ``consist[ing] of a 
pink, yellow, or blue guard or shield and ring with a rubber nipple.''
    A similar situation arises when nearly identical products are 
distributed by different firms, and many brands are recalled. For 
example, numerous brands of metal tubular bunk beds were recalled 
earlier this year, but the beds had no identifying marks. Many 
consumers did not know whether their beds were involved in the recall. 
And, even if consumers knew that their beds were recalled, they could 
not easily determine what firm was responsible for manufacturing 
particular beds. This problem occurs frequently with a variety of 
products. The problem of describing recalled products to consumers is 
compounded because the media often shorten, and may reword, the 
description contained in the press release announcing a recall.
    Even when recalled products are still in the hands of retailers, it 
can be difficult to identify the products. The manufacturer or importer 
of a recalled product may not notify its retail customers because it is 
no longer in business, is unwilling to do a recall or lacks complete 
records of its customers. In such situations, the Commission publicizes 
the recall, usually by issuing a press release. When the identifying 
information provided in the release is on the packaging of the recalled 
product, retailers can quickly remove the affected product from their 
shelves.
    Finally, the Commission knows from experience that recalls 
sometimes have to include products that do not present a safety problem 
because the products are not marked in a way that allows those that 
present the risk to be distinguished from the same model of products 
that do not. For example, a quality control problem during a particular 
week may have caused a defect in only a few thousand toys. If those 
toys cannot be distinguished from the same toys manufactured during 
different weeks, they would all require recall. On the other hand, if 
the defective toys are marked with a code that pinpoints the problem 
week, the scope of the recall can be limited and its expense reduced. 
This result may be helpful to industry, consumers and the Commission.

B. Scope

    The Commission enforces safety rules for thousands of different 
consumer products, and products that fail to comply are generally 
recalled. Even if no specific rule applies to a product, all consumer 
products are subject to recall if they present a substantial hazard.
    Many of the Commission's safety rules and recalls involve 
children's and fireworks products. Moreover, these products often place 
at risk children who are less able to protect themselves from unsafe 
products than are adults. Accordingly, at this time the Commission is 
considering a product identification rule only for children's and 
fireworks products.

C. A Possible Product Identification Proposal

    This section discusses the specific provisions of a possible 
product identification proposal. The provisions are all subject to 
change, particularly if information received from the public during the 
comment period supports different provisions that would accomplish the 
Commission's objectives while imposing smaller economic burdens on 
industry.

1. Marking Provisions

    Different types of permanent marking would be acceptable. Industry 
members would be able to choose the type that is most suitable for the 
product, and least expensive, so long as the appropriate information is 
communicated and will remain on the product permanently.
    The retail packaging of consumer products already contains a great 
deal of information and the amount of required information has been 
kept to a minimum. The name and location of a manufacturing, importing 
or private labeling firm located in the United States are the most 
important pieces of identifying information to help the Commission 
trace a product. (As discussed in section 2(a) below, a code on file 
with the Commission may be sufficient.) If there is a recall, it is 
also important to have products identified according to their model and 
their production run, or according to similar categories that will help 
pinpoint the particular products that are unsafe. (As discussed in 
section 2(b) below, this information could also be in code.) This helps 
limit recalls to just the products that are unsafe.
    The size and conspicuousness of the marking are less significant in 
this type of proposal than they would be in one designed to provide 
information to consumers at the time of purchase. Here, it would be 
sufficient if the information can be read without disassembly of the 
product or magnification.

2. Exceptions

    The proposal could include various exceptions to minimize its 
economic impact:
    (a) Firms might prefer to mark products with a code such as a 
registered trademark or a corporate symbol or logo in place of its name 
and address. The proposal could permit this if the firm notifies the 
Commission and waits ten working days after receipt of the notification 
for the Commission to object. An objection would be made, for example, 
if some other firm was already using the same or a too similar code.
    (b) The model and date of production information could be provided 
in code, as well. If the Commission needed to know that information, it 
would obtain the code or the information from the firm.
    (c) Because consumer products vary greatly in size and material, 
the Commission recognizes that it may be impracticable to permanently 
mark some limited number of products. The proposal would therefore give 
firms some leeway in complying. As examples, it is impracticable to 
mark modeling clay because of its texture, and it is probably 
impracticable to mark small glass marbles. However, the containers of 
any products that qualify for an exception might have to be permanently 
marked or printed with the same identifying information. While 
containers may be discarded or lost, this provision is intended to 
afford a reasonable alternative for products which cannot practicably 
be permanently marked.
    (d) Products consisting of more than one piece, such as a set or 
collection, may not have to be permanently marked on every piece. The 
largest piece might have to be so marked--as well as any container that 
comes with the product. For example, the board in a board game 
(assuming it is the largest piece) and the box would be marked, but not 
the dice, markers or other pieces in the game. If all pieces in a set 
or collection are essentially the same size, they might all have to be 
permanently marked. In addition, if many pieces would fall into the 
category of ``the largest,'' all of those pieces might have to be 
marked. While requiring every piece in a set or collection to be 
permanently marked would be preferable from a safety standpoint, such a 
broad provision might be unduly burdensome.

3. Effective Date

    The Commission solicits all available relevant information on an 
appropriate effective date, including industry cycling schedules for 
replacing capital equipment.

4. Text of Possible Provisions

    To obtain specific public comments and specific information, the 
Commission is providing the text of the possible product identification 
provisions that it is considering. Again, the Commission emphasizes its 
willingness to consider alternative approaches for accomplishing its 
objectives.
    The text of the possible provisions is:

Purpose

    If an unsafe product is found with no identifying information on 
it, the Commission may be unable to determine its manufacturer, private 
labeler or importer. Corrective action may therefore not occur, and 
consumers will remain at risk. One purpose of this proposal is to 
assure that the Commission will be able to identify the firms 
responsible for all unsafe products, and be able to pursue corrective 
actions.
    When firms do take corrective actions, such as warning the public 
and recalling unsafe products, the lack of inadequacy of identifying 
information may prevent consumers from knowing whether they have the 
product in question. Many products look the same or similar, and their 
markings may be the only practicable way to identify them. A second 
purpose of this proposal is to assure that consumers will be able to 
identify products that are the subject of warnings and recalls.
    If a product has been coded by date and/or production run, the 
scope of any recall of that product can be limited and its cost 
reduced. A third purpose of this proposal is to achieve this result.

Scope

    This proposal applies to every children's product and fireworks 
product that is first introduced into interstate commerce on or after 
its effective date.

Definitions

    ``Children's product'' means ``any toy or other article intended 
for use by children,'' as the phrase is used in the Federal Hazardous 
Substances Act at 15 U.S.C. 1261(f)(1)(D) and (q)(1)(A).
    ``Fireworks product'' means all fireworks products that are subject 
to the requirements at 16 CFR 1500.14(b)(7); 1500.17(a) (3), (8) and 
(9); or Part 1507.
    ``Manufacturer'' means any person who manufactures, produces, 
assembles or imports a children's product.
    ``Private labeler'' means an owner of a brand or trademark on the 
label of a children's product which bears a private label, as the term 
``bears a private label'' is defined in the Consumer Product Safety Act 
at 15 U.S.C. 2052(a)(7)(B).
    ``U.S. firm'' means a business entity that is incorporated in a 
state or territory of the United States or that has officers or 
employees who work full-time in a state or territory within the United 
States and who have authority to speak for the firm on matters related 
to product recalls.
    ``Permanently marked'' means paint-stenciled, die-stamped, molded, 
indelibly stamped or otherwise permanently affixed, fastened or 
attached to a product by means of a tag, token or other suitable 
method, including securely sewn on, so that the marking cannot be 
readily removed or obliterated during normal use or reasonably 
foreseeable damage, abuse or misuse of the product.
    ``Set or collection'' means a product that consists of varied items 
which are intrinsically complementary to its function, purpose or use. 
Examples of sets or collections include jigsaw puzzles, bags of 
marbles, boxes of crayons or colored pencils, building sets and board 
games.

Marking Provisions

    Every children's product and fireworks product shall be permanently 
marked to indicate: the name of the U.S. firm that is the manufacturer 
or private labeler of the product; the location or business address in 
the United States, including the city, state and zip code, of the U.S. 
firm; a number (such as a model number or stock number) or symbol that 
identifies the product and distinguishes it from all other products 
which are not of identical construction, composition and dimensions; 
and a date or number or symbol that identifies the production run or 
date of manufacture of the product. The packaging of every product 
shall also be marked or printed with the same information.
    The information described above must be in letters and numbers that 
are at least one-sixteenth inch high and must be able to be read 
without any disassembly of the product.

Exceptions

    A U.S. firm that would be identified on a product may notify the 
Commission's Office of the Secretary that it intends to use a 
registered trademark, a corporate symbol or some other unique code 
instead of the firm's name and address. If the Commission does not 
object within ten working days after receiving such notification on 
grounds that the chosen code would not adequately distinguished the 
firm from another company, the firm nay use that code.
    The model and production run information may also be coded if the 
code and/or the uncoded information is available to any Consumer 
Product Safety Commission representative immediately upon request at 
the specified address.
    If it is physically or technologically impracticable to permanently 
mark a children's product or fireworks product, the required 
information shall be permanently marked or printed on (1) the immediate 
container of the product, (2) any container sold with and intended to 
be used with the product, and (3) any container sold with and intended 
to be used for storage of the product after purchase.
    If a children's product or fireworks product is as set or 
collection, only the largest component must be permanently marked. If 
all of the components are the same size, or if multiple components are 
``the largest,'' all such components must be marked. Unless every 
component of a set or collection is marked, the containers of the 
product must also be marked.
    All comments on this notice of inquiry should be mailed to the 
Office of the Secretary, Consumer Product Safety Commission, 
Washington, D.C. 20207-0001, or delivered to that office at Room 502, 
4330 East West Highway, Bethesda, Maryland 20814, and received no later 
than January 6, 1994.

    Dated: November 1, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-27416 Filed 11-4-94; 8:45 am]
BILLING CODE 6355-01-M