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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 16 - Commercial Practices |
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Chapter II - Consumer Product Safety Commission |
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SubChapter B - Consumer Product Safety Act Regulations |
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Part 1118 - Investigations, Inspections and Inquiries Under the Consumer Product Safety Act |
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Subpart A - Procedures for Investigations, Inspections, and Inquiries |
§ 1118.1 - Definitions, initiation of investigations, inspections, and inquiries and delegations.
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§ 1118.1 Definitions, initiation of investigations, inspections, and inquiries and delegations.
(a) Definitions. For the purpose of these rules, the following definitions apply:
(1) Act means the Consumer Product Safety Act (15 U.S.C. 2051, et seq.).
(2) Commission means the Consumer Product Safety Commission.
(3) Firm means a manufacturer, private labeler, distributor, or retailer of a consumer product, except as otherwise provided by section 16(b) of the Act.
(4) Investigation is an undertaking by the Commission to obtain information for implementing, enforcing, or determining compliance with the Consumer Product Safety Act and the regulations, rules, and orders issued under the Act. The term investigation includes, but is not limited to, inspections (§ 1118.2), investigational hearings (§ 1118.5), and inquiries; employing subpoenas (§ 1118.4), depositions (§ 1118.6), and general or special orders (§ 1118.9).
(5) The definition of the terms set forth in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) shall apply to this part 1118.
(b) Initiation of Investigations and Inquiries. Investigations and inquiries will be initiated by the Commission in any manner authorized by law.
(c) Initiation of Inspections. An inspection as described in § 1118.2 is initiated when the Commission or its delegate authorizes the issuance of a written notice of inspection, described in § 1118.2(c).
(d) Delegations of Authority. The Commission hereby delegates to the Associate Executive Director for Compliance and Enforcement; the Solicitor, the Directors of the Divisions of Enforcement; the Solicitor, the Directors of the Divisions of Enforcement, Product Defect Correction, and Regulatory Management; and the directors of area offices, the power to initiate inspections in the same manner as the Commission.