CPSC OGC Advisory Opinion No. 19

August 16, 1973

Mr. Allen Walters

American Warehousemen's Association

222 West Adams Street

Chicago, Illinois 60606

Dear Mr. Halters:

Our office was notified by Hr. Albert Limberg, Acting

Director, Chicago Area Office, that you had inquired whether

public warehousemen who are neither manufacturers, distributors

nor retailers were subject to_ section lS(b) of the Consumer

Product Safety Act.

That section provides:

(b}

Every nanufacturer of a consl.Lŭer

product distributed in Co::\I:1crcŮ, and

every distributor and retailer of such

product, \•Tho obtains information which

reason.::.bly supports the conclusion that

such product ­

{1) fails to comply with an applicable

consůŰcr product safety rule; or

(2} contains a defect which could create

a swx;tantL:i.1 product hu.zard described in

subsection {.:i.) {2),

shc::tll irn:,cdiately inform the Corr.r:1i=,sion

of such failure to conply or of such defect,

W1less such manufacturer, distributor or

retailer has actual knm-,ledgc that the

Cormaission has been adequately informed

of sucll defect or failure to comply.

Section lS(b) places the duty of reporting on rnanufacturerstL•---

,,------

distributors and retailers.

If public warGhouser..cn clo not

i.._,_____

act as manufacturers, distributors or retailers of the goods

in their possession, but merely store the goods for others,

t.i'-icy would not be subject to the r3porti11g rcquiren::;nts of

section lS(b) of the Consuner Product Safety Act.

If I cnn be of further assistance please do not hesitate

to call on me.

ASchoem:jh 8-16-73

Michael A. nrO'.•m

gc file

Acting Gűneral Counsel

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