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S.330 - Consumer Recall Protection Act of 2011
A bill to prohibit the sale of any product to a consumer that is subject to a recall, and for other purposes.
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SECTION 1. SHORT TITLE.
SEC. 2. PROHIBITION ON THE SALE OF RECALLED PRODUCTS.
(A) In the case that the Secretary of Transportation makes a determination under
(i) a device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (
(ii) infant formula, as such term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (
(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.CommentsClose CommentsPermalink
(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 (
(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--CommentsClose CommentsPermalink
(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 (
(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 (
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink