CPSC OGC Advisory Opinion No. 20



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W. O. Schoedinger, President

F. O. Schoedinger, Inc.

Box 28

Columbus, Ohio

43216

Dear Mr. Schoedinger:

We are in receipt of your letter dated August 8, 1973

in which you state that you were told that it is necessary

to divulge a hazard in any product that you handle.

You

have requested clarification as to the definition of a

hazard.

Section 15 of the Consumer Product Safety Act,

15 USC 2064, states in relevant part: ̓

Sec. 15(a).

For purposes of_this section, the

term "substantial product hazard" means ̔

(1)

a failure to comply vith an applicable

consumer product safety rule which creates a

substantial risk of injury to the public, or

(2)

a product defect which (because of

the pattern of defect, the number of defective

products distributed in commerce, the severity

of the risk, or otherwise) creates a substantial

risk of injury to the public.

(b)

Every manufacturer of a consumer product

distributed in commerce, and every distributor

and retailer of such product, who obtains

information which reasonably supports the

conclusion that such product -

(l)

fails to comply with an applicable

consumer product safety rule; or

(2)

contains a defect which would create

a substantial product hazard described in

subsection (a) (2),

shall immediately inform the Commission of such

failure to comply or of such defect, unless

srsi

 acturer, distributor, or retailer

has actual knowledge that the Commission has

been adequately irfcrred of such defect or

failure to comply.

It can be seen from the foregoing tltat all "hazards"

are not reguirod to be reported to the Co:z-ission. Rather,

onlv those product dbf-3ts vhich could crente a substantiel

risk of injury to the public, or products which fail to cc..ply





:

 acturer, distributor, or retailer

has actual knowledge that the Commission has

been adequately irfcrred of such defect or

failure to comply.

It can be seen from the foregoing tltat all "hazards"

are not reguirod to be reported to the Co:z-ission. Rather,

onlv those product dbf-3ts vhich could crente a substantiel

risk of injury to the public, or products which fail to cc..ply





:

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with an applicable consumer product safety rule and

create a risk of injury to the public must be reported.

For your information we are enclosing a copy of the

Consumer Product Safety Act as well as a proposed

regulation governing Section 15(b) of the Act.

ASchoem

KAZI6M; smm:8-17-73

cc:

GC File

GC Chron

Alan Schoem

Enclosures (2)

Sincerely,

Michael A. BF9B

Michael A. Brown

Acting General Counsel

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