15 U.S.C. § 2065
Inspection and recordkeeping
(a) InspectionFor purposes of implementing this chapter, or rules or orders prescribed under this chapter, officers or employees duly designated by the Commission, upon presenting appropriate credentials and a written notice from the Commission to the owner, operator, or agent in charge, are authorized—(1) to enter, at reasonable times, (A) any factory, warehouse, or establishment in which consumer products are manufactured or held, in connection with distribution in commerce, (B) any firewalled conformity assessment bodies accredited under section 2063(f)(2)(D) of this title, or (C) any conveyance being used to transport consumer products in connection with distribution in commerce; and(2) to inspect, at reasonable times and in a reasonable manner such conveyance or those areas of such factory, firewalled conformity assessment body, warehouse, or establishment where such products are manufactured, held, or transported and which may relate to the safety of such products. Each such inspection shall be commenced and completed with reasonable promptness.(b) RecordkeepingEvery person who is a manufacturer, private labeler, or distributor of a consumer product shall establish and maintain such records, make such reports, and provide such information as the Commission may, by rule, reasonably require for the purposes of implementing this chapter, or to determine compliance with rules or orders prescribed under this chapter. Upon request of an officer or employee duly designated by the Commission, every such manufacturer, private labeler, or distributor shall permit the inspection of appropriate books, records, and papers relevant to determining whether such manufacturer, private labeler, or distributor has acted or is acting in compliance with this chapter and rules under this chapter.
(c) Identification of manufacturers, importers, retailers, and distributorsUpon request by an officer or employee duly designated by the Commission—(1) every importer, retailer, or distributor of a consumer product (or other product or substance over which the Commission has jurisdiction under this chapter or any other Act) shall identify the manufacturer of that product by name, address, or such other identifying information as the officer or employee may request, to the extent that such information is known or can be readily determined by the importer, retailer, or distributor; and(2) every manufacturer shall identify by name, address, or such other identifying information as the officer or employee may request—(A) each retailer or distributor to which the manufacturer directly supplied a given consumer product (or other product or substance over which the Commission has jurisdiction under this chapter or any other Act);(B) each subcontractor involved in the production or fabrication of such product or substance; and(C) each subcontractor from which the manufacturer obtained a component thereof.(d) Manufacturer’s complianceThe Commission shall, by rule, condition the manufacturing for sale, offering for sale, distribution in commerce, or importation into the United States of any consumer product or other product on the manufacturer’s compliance with the inspection and recordkeeping requirements of this chapter and the Commission’s rules with respect to such requirements.
(Pub. L. 92–573, § 16, Oct. 27, 1972, 86 Stat. 1222; Pub. L. 110–314, title II, §§ 215, 223(c)(2), Aug. 14, 2008, 122 Stat. 3056, 3069.)Editorial NotesAmendments2008—Subsec. (a). Pub. L. 110–314, § 215(c)(1), inserted subsec. heading.
Subsec. (a)(1). Pub. L. 110–314, § 215(a)(1), substituted “(B) any firewalled conformity assessment bodies accredited under section 2063(f)(2)(D) of this title, or (C)” for “or (B)”.
Subsec. (a)(2). Pub. L. 110–314, § 215(a)(2), inserted “firewalled conformity assessment body,” after “factory,”.
Subsec. (b). Pub. L. 110–314, § 215(c)(2), inserted subsec. heading.
Subsec. (c). Pub. L. 110–314, § 215(b), added subsec. (c).
Subsec. (d). Pub. L. 110–314, § 223(c)(2), added subsec. (d).
Statutory Notes and Related SubsidiariesEffective DateSection effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.
Notes of Decisions
State Fair v. United States Consum. Prods. Saf. Comm'n, 481 F. Supp. 1070 (N.D. Tex. 1979).
· cites it 8× “§ 657 (a)(1), which authorizes the Secretary to conduct inspections similar in nature to those which the Commission may conduct under 15 U.S.C. § 2065 (a), provided no implicit basis of jurisdiction for the action, and that jurisdiction could not be sustained under the…”
In the Matter of Establishment Inspection of Skil Corp.. Appeal of Skil Corp., 846 F.2d 1127 (7th Cir. 1988).
· cites it 2× “The statutory basis for the warrant is the second sentence of section 16(b) of the Consumer Product Safety Act, 15 U.S.C. § 2065 (b). The section reads in its entirety: Every person who is a manufacturer, private labeler, or distributor of a consumer product shall establish and…”
Ronald Zepik v. Tidewater Midwest, Inc., 856 F.2d 936 (7th Cir. 1988).
“But the possibility exists, as Drake concedes, that the Commission could have issued the Part 1115 regulations as legislative rules under authority of section 16(b), 15 U.S.C. § 2065 (b) (1982) (recordkeeping), or section 27(e), 15 U.”
Free Speech Coalition, Inc. v. Holder, 957 F. Supp. 2d 564 (E.D. Pa. 2013).
“§§ 350 (c), 373-374 (manufacturers of foods and drugs); 15 U.S.C. § 2065 (manufacturers of consumer products).”
Shipes v. BIC Corp., 154 F.R.D. 301 (M.D. Ga. 1994).
“The documents in question were submitted pursuant to 15 U.S.C. § 2065 (b) which requires manufacturers of consumer products to maintain records and provide information to the CPSC as requested.”
Klingler v. Yamaha Motor Corp., U.S.A., 738 F. Supp. 898 (E.D. Pa. 1990).
“15 U.S.C. § 2065 (b). Also, section 27(e) authorizes rules that require manufacturers to provide performance and technical data to the Commission.”
Plaskolite, Inc. v. Baxt Indus., Inc., 486 F. Supp. 213 (N.D. Ga. 1980).
“) (requiring notice of product defects and repair, replacement, refund, or action plan); 15 U.S.C. § 2065 (1979 Supp.) (providing for inspection); and 15 U.”
Bic Pen Corp. v. Carter, 346 S.W.3d 569 (Tex. App. 2008).
“17 (emphasis added); see 15 U.S.C. § 2065 (b) (“Every person who is a manufacturer, private labeler, or distributor of a consumer product shall establish and maintain such records, make such reports, and provide such information as the Commission may, by rule, reasonably require…”
Robert K. Bell Enter., Inc. v. Consum. Prod. Saf. Comm'n, 484 F. Supp. 1221 (N.D. Okla. 1980).
“The facts were that an accident had occurred involving the ride, and the Commission sought an on-site inspection; its authority was 15 U.S.C. § 2065 . The court held that the Commission had made no showing that State Fair had “manufactured” the ride within the meaning of § 2065…”
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