197 Part 1117—Reporting of Chok- Ing Incidents
Consumer Product Safety Commission § 1117.2 (b) A defect in the consumer product SOURCE: 60 FR 10493, Feb. 27, 1995, unless which was the subject of the civil ac- otherwise noted. tion; (c) A substantial product hazard; § 1117.1 Purpose. (d) An imminent hazard; or The purpose of this part is to set (e) Any other liability under any forth the Commission’s interpretative statute or any common law. regulations for reporting of choking in- cidents required by the Child Safety § 1116.12 Commission response to sec- tion 37 reports. Protection Act. The statute requires that each manufacturer, distributor, Upon receipt of a section 37 report, retailer, and importer of a marble, the Commission will evaluate the in- small ball, or latex balloon, or a toy or formation contained in the report and any relevant information contained in a game that contains a marble, small its files or data bases to determine ball, latex balloon, or other small part, what, if any, follow-up or remedial ac- shall report to the Commission any in- tion by the Commission is appropriate. formation obtained by such manufac- If the Commission requires additional turer, distributor, retailer, or importer information, it will notify the manu- which reasonably supports the conclu- facturer in writing of the specific infor- sion that an incident occurred in which mation to provide. In addition, the a child (regardless of age) choked on Commission will routinely review sec- such a marble, small ball, or latex bal- tion 37 reports to determine whether loon or on a marble, small ball, latex the reporting manufacturers have ful- balloon, or other small part contained filled their obligations under both sec- in such toy or game and, as a result of tions 37 and 15(b) in a timely manner.
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