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Information Collected for Product Safety Database Under Review

Friday, November 01, 2013
Sandler, Travis & Rosenberg Trade Report

The Consumer Product Safety Commission is accepting comments through Dec. 2 on the proposed extension of approval of a collection of information used to populate the publicly searchable consumer product safety information database. There are four components to this collection: reports of harm, manufacturer comments, branding information and the Small Batch Manufacturer Registry.

Reports of Harm. Reports of harm communicate information regarding an injury, illness or death, or any risk of injury, illness or death, relating to the use of a consumer product. Reports can be submitted to the CPSC by consumers; local, state or federal government agencies; health care professionals; child service providers; public safety entities; and others. Reports may be submitted on the CPSC Web site, via a CPSC call center, or by email, fax or mail using the incident report form. Reports may also originate as a free-form letter or email.

Manufacturer Comments. A manufacturer or private labeler may submit a comment related to a report of harm if the report identifies the manufacturer or private labeler and the CPSC transmits that report to the manufacturer. A manufacturer may request that the Commission designate information in a report of harm as confidential. Any person or entity reviewing a report of harm or manufacturer comment, either before or after publication in the database, may request that all or part of the report or comment be excluded from the database because it contains materially inaccurate information.

Branding Information. Using the business portal, registered businesses may voluntarily submit branding information to assist the CPSC in correctly and timely routing reports of harm involving their products to them. Brand names may be licensed to another entity for use in labeling consumer products manufactured by that entity. The CPSC’s understanding of licensing arrangements for consumer products can help to give the correct manufacturer timely notification of a report of harm.

Small Batch Manufacturers Registry. The business portal also contains the SBMR, which is the online mechanism by which small batch manufacturers can identify themselves to obtain relief from certain third-party testing requirements for children’s products. To register as a small batch manufacturer a business must attest that its income level and the number of units of the covered product manufactured for which relief is sought both fall within the statutory limits to receive relief from third-party testing.

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