719 



tion or that It does not assure that electronic prod- 

 ucts comply with the standards prescribed under 

 this section. (July 1. 1944, ch. 373, title III, § 358, as 

 added Oct. 18, 1968, Pub. L. 90-602, § 2(3), 82 Stat. 

 1177, amended Oct. 30, 1970, Pub. L. 91-515, title VI. 

 § 601(b) (2), (3), 84 Stat. 1311.) 



Amendments 

 1970 — Subsec. (f)(2). Pub. L. 91-515 struck out the 

 provisions which related to the payment of compensation 

 and travel expenses of members of the Committee who 

 are not officers or employees of the United States, and 

 substituted "to members of the Committee who are not 

 officers or employees of the United States pursuant to 

 section 210(c) of this title" for "under this subsection". 



Definition of "Secretary" and "Department" 

 The terms "Secretary" and "Department" as used in 

 this section, except when otherwise specified, to mean 

 Secretary of Health. Education, and Welfare and Depart- 

 ment of Health. Education, and Welfare, respectively, see 

 section 3 of Pub. L. 90-602. set out as a note under sec- 

 tion 263b of this title. 



§263g. Notification of defects in and repair or replace- 

 ment of electronic products. 



(a) Notification; exemption. 



(1) Every manufacturer of electronic products 

 who discovers that an electronic product produced, 

 assembled, or Imported by him has a defect which 

 relates to the safety of use of such product by reason 

 of the emission of electronic product radiation, or 

 that an electronic product produced, assembled, or 

 imported by him on or after the effective date of an 

 applicable standard prescribed pursuant to section 

 263f of this title fails to comply with such standard, 

 shall immediately notify the Secretary of such 

 defect or failure to comply if such product has left 

 the place of manufacture and shall (except as au- 

 thorized by paragraph (2)) with reasonable 

 promptness furnish notification of such defect or 

 failure to the persons (where known to the manu- 

 facturer) specified in subsection (b) of this section. 



(2) If, in the opinion of such manufacturer, the 

 defect or failure to comply is not such as to create a 

 significant risk of injury, including genetic injury, 

 to any person, he may, at the time of giving notice 

 to the Secretary of such defect or failure to comply, 

 apply to the Secretary for an exemption from the 

 requirement of notice to the persons specified In 

 subsection (b) of this .section. If such application 

 states reasonable grounds for such exemption, the 

 Secretary shall afford such manufacturer an oppor- 

 tunity to present his views and evidence in support 

 of the application, the burden of proof being on the 

 manufacturer. If, after such presentation, the Sec- 

 retary is satisfied that such defect or failure to com- 

 ply is not such as to create a significant risk of 

 injury, including genetic injury, to any person, he 

 shall exempt such manufacturer from the require- 

 ment of notice to the persons specified in subsection 

 (b) of this section and from the requirements of 

 repair or replacement imposed by subsection (f) of 

 this section 



(b) Method of notification. 



The notification (other than to the Secretary) re- 

 quired by paragraph d) of subsection (a) of this 

 section shall be accomplished — 



(1) by certified mail to the first purchaser of 

 such product for purposes other than resale, and 

 to any subsequent transferee of such product; and 



(2) by certified mail or other more expeditious 

 means to the dealers or distributors of such manu- 

 facturer to whom such product was delivered. 



(c) Requisite elements of notification. 



The notifications required by paragraph (1) of 

 subsection (a) of this section shall contain a clear 

 description of such defect or failure to comply with 

 r.n applicable standard, an evaluation of the hazard 

 reasonably related to such defect or failure to com- 

 ply, and a statement of the measures to be taken to 

 repair such defect. In the case of a notification to a 

 person referred to in subsection (b) of this section, 

 the notification shall also advise the person of his 

 rights under subsection (f) of this section. 



(d) Copies to Secretary of communications by manu- 

 facturers to dealers or distributors regarding 

 defects. 



E^'ery manufacturer of electronic products shall 

 furnish to the Secretary a true or representative 

 copy of all notices, bulletins, and other communica- 

 tions to the dealers or distributors of such manu- 

 facturer or to purchasers (or subsequent transferees) 

 of electronic products of such manufacturer regard- 

 ing any such defect in such product or any such fail- 

 ure to comply with a standard applicable to such 

 product. The Secretary shall disclose to the public 

 so much of the information contained in such notice 

 or other information obtained under section 2631 of 

 this title as he deems will assist in carrying out the 

 purposes of this subpart, but he shall not disclose 

 any information which contains or relates to a trade 

 secret or other matter referred to in section 1905 of 

 Title 18 unless he determines that it is necessary to 

 carry out the purposes of this subpart. 



(e) Notice from Secretary to manufacturer of defects 

 or failure to comply with standards. 



If through testing, inspection, investigation, or re- 

 search carried out pursuant to this subpart, or exam- 

 ination of reix)rts submitted pursuant to section 

 263i of this title, or otherwise, the Secretary deter- 

 mines that any electronic product — 



( 1 ) does not comply with an applicable standard 

 prescribed pursuant to section 263f of this title: or 



(2) contains a defect which relates to the safety 

 of use of such product by reason of the emission of 

 electronic product radiation: 



he shall immediately notify the manufacturer of such 

 product of such defect or failure to comply. The no- 

 tice shall contain the findings of the Secretary and 

 shall include all information upon which the findings 

 are based. The Secretary shall afford such manu- 

 facturer an opportunity to present his views and 

 evidence in support thereof, to establish that there 

 is no failure of compliance or that the alleged defect 

 does not exist or does not relate to safety of use of 

 the product by reason of the emission of such radia- 

 tion hazard. If after such presentation by the manu- 

 facturer the Secretary determines that such product 

 does not comply with an applicable standard pre- 

 scribed pursuant to section 263f of this title, or that 

 it contains a defect which relates to the safety of 

 use of such product by rea.soTi of the emission of 



