Definitions for retaliation complaints

The Assistant Secretary is the Assistant Secretary of Labor for Occupational Safety and Health or anyone they delegate authority to under CPSIA, as stated in 1983.101(a).

• This means the person named in statute or their authorized designee can perform duties required by the rule.
• Cite: 1983.101(a).

A business day is any day except Saturdays, Sundays, and Federal holidays, per 1983.101(b).

• Use this definition when you compute time limits for filings or responses.
• Cite: 1983.101(b).

The term Commission refers to the Consumer Product Safety Commission, as defined in 1983.101(c).

• This is the federal agency that oversees consumer product safety matters referenced in these procedures.
• Cite: 1983.101(c).

A complainant is the employee who filed a CPSIA complaint or the person on whose behalf a complaint was filed, per 1983.101(d).

• This includes employees filing personally or someone filing on their behalf.
• Cite: 1983.101(d).

A consumer product is any article, or component part, produced or distributed for sale to a consumer for use or enjoyment in or around a home, school, recreation, or similar setting, according to 1983.101(e)(1).

• The definition includes items meant for personal use, consumption, or enjoyment in household-like settings.
• See the specific subparts for examples and exclusions: 1983.101(e)(1)(i) and 1983.101(e)(1)(ii).
• Cite: 1983.101(e)(1).

Yes. A mechanical device that carries passengers for amusement, is not permanently fixed to a site, and is customarily controlled by an employed operator (who is not a consumer) is included as a consumer product under 1983.101(e)(1)(iii).

• However, devices that are permanently fixed to a site are not included.
• Cite: 1983.101(e)(1)(iii).

The definition excludes articles not customarily produced for consumer sale/use and several specific categories such as tobacco, motor vehicles, pesticides, certain taxed articles, aircraft, boats, drugs, and food, per 1983.101(e)(2).

• See the numbered subparts for exact categories and statutory references.
• Cite: 1983.101(e)(2).

No. Tobacco and tobacco products are explicitly excluded from the consumer product definition under 1983.101(e)(2)(ii).

• This exclusion means CPSIA retaliation protections tied to "consumer products" do not cover actions related only to tobacco products.
• Cite: 1983.101(e)(2)(ii).

No. Motor vehicles and motor vehicle equipment, as defined in 49 U.S.C. 30102(a)(6) and (7), are excluded by 1983.101(e)(2)(iii).

• If an item falls under those U.S. Code definitions, it is not treated as a consumer product for these procedures.
• Cite: 1983.101(e)(2)(iii).

No. Pesticides, as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), are excluded under 1983.101(e)(2)(iv).

• That exclusion applies even if a pesticide might otherwise be used in homes or yards.
• Cite: 1983.101(e)(2)(iv).

Any article or component that would be subject to the tax imposed by 26 U.S.C. 4181 if sold by the manufacturer is excluded from "consumer product" under 1983.101(e)(2)(v).

• This generally covers certain taxable manufacturing goods (historically related to some types of sport or recreation equipment) and removes them from CPSIA consumer-product coverage.
• Cite: 1983.101(e)(2)(v).

Yes. Aircraft, aircraft engines, propellers, or appliances as defined in 49 U.S.C. 40102(a) are excluded under 1983.101(e)(2)(vi).

• If an item falls within the statutory aircraft definitions, it is not treated as a consumer product here.
• Cite: 1983.101(e)(2)(vi).

Yes. Boats that could be regulated under marine safety statutes and certain vessel equipment are excluded under 1983.101(e)(2)(vii) and the related text describing marine safety statutes.

• The exclusion covers boats subject to Coast Guard or similar marine safety regulation and associated equipment to the extent safety risks can be addressed by those statutes.
• Cite: 1983.101(e)(2)(vii).

No. Drugs, devices, and cosmetics, as defined in 21 U.S.C. 321(g), (h), and (i), are excluded from the consumer product definition under 1983.101(e)(2)(viii).

• Items regulated under FDA statutory definitions fall outside CPSIA consumer-product coverage here.
• Cite: 1983.101(e)(2)(viii).

No. "Food," using the statutory definition in 21 U.S.C. 321(f) (including poultry, meat products, and eggs), is excluded under 1983.101(e)(2)(ix).

• This exclusion means products regulated as food by Federal law are not treated as consumer products here.
• Cite: 1983.101(e)(2)(ix).

CPSIA refers to Section 219 of the Consumer Product Safety Improvement Act of 2008 (Public Law 110-314), as stated in 1983.101(f).

• CPSIA is the statutory authority for these retaliation-complaint procedures.
• Cite: 1983.101(f).

A distributor is a person to whom a consumer product is delivered or sold for distribution in commerce, but the term excludes manufacturers and retailers, under 1983.101(g).

• Distributors occupy the middle of the supply chain between manufacturers and retailers.
• Cite: 1983.101(g).

An employee includes anyone presently or formerly working for, applying to work for, or whose employment could be affected by a manufacturer, private labeler, distributor, or retailer, per 1983.101(h).

• This definition covers current and former employees and job applicants, and people whose employment might be impacted by the employer.
• Cite: 1983.101(h).

A manufacturer is any person who manufactures or imports a consumer product; an item is considered manufactured if it is manufactured, produced, or assembled, as defined in 1983.101(i).

• Importers of consumer products are treated as manufacturers for these purposes.
• Cite: 1983.101(i).

OSHA means the Occupational Safety and Health Administration of the U.S. Department of Labor, as stated in 1983.101(j).

• OSHA administers the procedures for handling CPSIA retaliation complaints described in this part.
• Cite: 1983.101(j).

A private labeler is the owner of a brand or trademark on a product label when (1) the label shows a brand or trademark of someone other than the manufacturer, (2) that person authorized or caused the labeling, and (3) the manufacturer's brand does not appear, per 1983.101(k) and its subparts 1983.101(k)(1), 1983.101(k)(2), and 1983.101(k)(3).

• In short, if a non-manufacturer’s brand appears as the product label with the manufacturer's brand absent and the non-manufacturer authorized the labeling, that party is a private labeler.
• Cite: 1983.101(k).

A retailer is a person to whom a consumer product is delivered or sold for the purpose of sale or distribution by that person to a consumer, according to 1983.101(l).

• Retailers are the end-point sellers who sell directly to consumers.
• Cite: 1983.101(l).

The respondent is the employer named in the complaint who is alleged to have violated CPSIA, per 1983.101(m).

• The respondent is the party that must respond to the complaint and any ensuing investigation.
• Cite: 1983.101(m).

The Secretary means the Secretary of Labor or the person to whom authority under CPSIA has been delegated, as defined in 1983.101(n).

• This aligns the role with the Department of Labor's leadership or a designated delegate.
• Cite: 1983.101(n).

Any future statutory amendments that change the definition of a term listed in this section will automatically apply instead of the definition stated here, per 1983.101(o).

• That means if Congress changes a relevant statutory definition later, the amended statutory text controls these procedures without needing to update this section.
• Cite: 1983.101(o).