Section 11April 13, 1992, Sec./Art. 11

Amendment and Revocation of Declaration of the Injurious, Unsafe or Dangerous Character of a Consumer Product. – Any interested person may petition the appropriate department to commence a proceeding for the issuance of an amendment or revocation of a consumer product safety rule or an order declaring a consumer product injurious, dangerous and unsafe.

In case the department, upon petition by an interested party or its own initiative and after due notice and hearing, determines a consumer product to be substandard or materially defective, it shall so notify the manufacturer, distributor or seller thereof of such finding and order such manufacturer, distributor or seller to:

a) give notice to the public of the defect or failure to comply with the product safety standards; and

b) give notice to each distributor or retailer of such product.

The department shall also direct the manufacturer, distributor or seller of such product to extend any or all of the following remedies to the injured person:

a) to bring such product into conformity with the requirements of the applicable consumer product standards or to repair the defect in order to conform with the same;

b) to replace the product with a like or equivalent product which complies with the applicable consumer product standards which does not contain the defect;

c) to refund the purchase price of the product less a reasonable allowance for use; and

d) to pay the consumer reasonable damages as may be determined by the department.

The manufacturer, distributor or seller shall not charge a consumer who avails himself of the remedy as provided above of any expense and cost that may be incurred.