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15 U.S.C. § 2823 — Administration and enforcement provisions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2823 — Administration and enforcement provisions

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Source location: Title 15, Chapter 55, § 2823; chapter-055-petroleum-marketing-practices.md

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**(a) Procedural, investigative, and enforcement powers of Federal Trade Commission** The Federal Trade Commission shall have procedural, investigative, and enforcement powers, including the power to issue procedural rules in enforcing compliance with the requirements of this subchapter and rules prescribed pursuant to the requirements of this subchapter, to further define terms used in this subchapter, and to require the filing of reports, the production of documents, and the appearance of witnesses, as though the applicable terms and conditions of the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] were part of this subchapter. **(b) Testing, certification, and notice requirements of Environmental Protection Agency; interagency enforcement agreements between Federal Trade Commission and Environmental Protection Agency and other Federal agencies** (1) The Environmental Protection Agency— (A) may conduct field testing of the automotive fuel rating of automotive fuel, comparing the tested automotive fuel rating of fuel at retail outlets with the automotive fuel rating posted at those outlets; (B) shall certify the results of such tests and comparisons to the Federal Trade Commission; and (C) shall notify the Federal Trade Commission of any failure to post the automotive fuel rating. (2) The Federal Trade Commission may enter into interagency agreements with the Environmental Protection Agency and such other agencies of the United States as the Commission determines appropriate for the purpose of assuring enforcement of the provisions of this subchapter in a manner which is consistent with— (A) minimizing the cost of field inspection and related compliance activities; and (B) reducing duplication of similar or related field compliance activities performed by agencies of the United States. **(c) Promulgation of rules by Federal Trade Commission; contents; requirements for compliance with rules** (1) Not later than 6 months after June 19, 1978, the Federal Trade Commission shall, by rule, prescribe and make effective— (A) a uniform method by which a person may certify to another the automotive fuel rating of automotive fuel; and (B) a uniform method of displaying the automotive fuel rating of automotive fuel at the point of sale to ultimate purchasers. (2) Effective on and after the effective date of the rule prescribed under paragraph (1), any person— (A) shall be considered to satisfy the requirements of subsection (a) or (b) of [section 2822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2822&num=0&edition=prelim), as the case may be, only if such person complies with the requirements established pursuant to paragraph (1)(A); and (B) shall be considered to satisfy the requirements of [section 2822(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2822/c&num=0&edition=prelim) only if such person complies with the requirements established pursuant to paragraph (1)(B). (3) The Federal Trade Commission may, by rule, prescribe procedures for determination of the automotive fuel rating of automotive fuel which varies from that prescribed in [section 2821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2821&num=0&edition=prelim). In prescribing such rule, the Commission— (A) shall consider— (i) ease of administration and enforcement, and (ii) industry practices in the distribution and marketing of automotive fuel; and (B) may permit adjustments in such automotive fuel rating to take into account the effects of altitude, temperature, and humidity. (4) The Federal Trade Commission may, by rule, prescribe and make effective a method of determining the automotive fuel rating of automotive fuel which consists of a blend of two or more quantities of automotive fuel of different automotive fuel ratings if the Federal Trade Commission finds that the method prescribed more accurately reflects the automotive fuel rating of such blend than the weighted-average method set forth in [section 2822(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2822/f/1&num=0&edition=prelim). Effective on and after the effective date of such rule, any person shall be considered to satisfy the requirements of [section 2822(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2822/f/1&num=0&edition=prelim) only if such person utilizes the method prescribed in such rule (in lieu of the method set forth in [section 2822(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2822/f/1&num=0&edition=prelim)). **(d) Statutory provisions applicable for promulgation of rules** (1) Except as provided in paragraph (2), rules under this subchapter shall be prescribed in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), except that interested persons shall be afforded an opportunity to present written and oral data, views, and arguments with respect to any proposed rule. (2) Rules prescribed under subsection (c)(3) and [section 2822(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2822/d&num=0&edition=prelim) shall be prescribed on the record after opportunity for an agency hearing. (3) Section 18 of the Federal Trade Commission Act ([15 U.S.C. 57a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a&num=0&edition=prelim)) shall not apply with respect to any rule prescribed under this subchapter. **(e) Acts or practices constituting violations** It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act [[15 U.S.C. 45(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)]) for any person to violate subsection (a), (b), (c), or (e) of [section 2822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2822&num=0&edition=prelim), or a rule prescribed under subsection (d) of [section 2822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2822&num=0&edition=prelim). For purposes of the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] (including any remedy or penalty applicable to any violation thereof) such a violation shall be treated as a violation of a rule under such Act respecting unfair or deceptive acts or practices.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 58 — Short title

This subchapter may be cited as the “Federal Trade Commission Act”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2822 — Automotive fuel rating testing and disclosure requirements

**(a) Determination and certification of automotive fuel rating by refiner distributing automotive fuel** Each refiner who distributes automotive fuel in commerce shall— (1) determine the automotive fuel rating of any such fuel; and (2) if such refiner distributes such fuel to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph (1), the automotive fuel rating of such fuel. **(b) Certification of automotive fuel rating by distributor receiving and distributing automotive fuel with certified automotive fuel rating; use of automotive fuel rating for certification by distributor** Each distributor who receives automotive fuel, the automotive fuel rating of which is certified to him under this section, and distributes such fuel in commerce to another person other than the ultimate purchaser shall certify to such other person the automotive fuel rating of such fuel consistent with— (1) the automotive fuel rating of such fuel certified to such distributor; or (2) if such distributor elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the automotive fuel rating of such fuel determined by such distributor. **(c) Display of automotive fuel rating by automotive fuel retailer; use of automotive fuel rating for display** Each automotive fuel retailer shall display in a clear and conspicuous manner, at the point of sale to ultimate purchasers of automotive fuel, the automotive fuel rating of such automotive fuel, which automotive fuel rating shall be consistent with— (1) the automotive fuel rating of such automotive fuel certified to such retailer under subsection (a)(2) or (b); (2) if such automotive fuel retailer elects (at such time and in such manner as the Federal Trad

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15 U.S.C. § 57a — Unfair or deceptive acts or practices rulemaking proceedings

**(a) Authority of Commission to prescribe rules and general statements of policy** (1) Except as provided in subsection (h), the Commission may prescribe— (A) interpretive rules and general statements of policy with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)), and (B) rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)), except that the Commission shall not develop or promulgate any trade rule or regulation with regard to the regulation of the development and utilization of the standards and certification activities pursuant to this section. Rules under this subparagraph may include requirements prescribed for the purpose of preventing such acts or practices. (2) The Commission shall have no authority under this subchapter, other than its authority under this section, to prescribe any rule with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)). The preceding sentence shall not affect any authority of the Commission to prescribe rules (including interpretive rules), and general statements of policy, with respect to unfair methods of competition in or affecting commerce. **(b) Procedures applicable** (1) When prescribing a rule under subsection (a)(1)(B) of t

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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15 U.S.C. § 2821 — Definitions

As used in this subchapter: (1) The term “octane rating” means the rating of the antiknock characteristics of a grade or type of automotive fuel as determined by dividing by 2 the sum of the research octane number plus the motor octane number, unless another procedure is prescribed under [section 2823(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2823/c/3&num=0&edition=prelim), in which case such term means the rating of such characteristics as determined under the procedure so prescribed. (2) The terms “research octane number” and “motor octane number” have the meanings given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled “Standard Specification for Automotive Spark-Ignition Engine Fuel” designated D4814 (as in effect on June 19, 1978) and, with respect to any grade or type of automotive gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700 (as in effect on such date). (3) The term “knock” means the combustion of a fuel spontaneously in localized areas of a cylinder of a spark-ignition engine, instead of the combustion of such fuel progressing from the spark. (4) The term “automotive fuel retailer” means any person who markets automotive fuel to the general public for ultimate consumption. (5) The term “refiner” means any person engaged in the production or importation of automotive fuel. (6) The term “automotive fuel” means liquid fuel of a type distributed for use as a fuel in any motor vehicle. (7) The term “motor vehicle” means any self-propelled four-wheeled vehicle, of less than 6,000 pounds gross vehicle weight, which is designed primarily for use on public streets, roads, and highwa

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15 U.S.C. § 2823 — Administration and enforcement provi-

Page 1956 TITLE 15—COMMERCE AND TRADE § 2823 sistent with such fuel’s automotive fuel rating as certified to or determined by such person under the foregoing provisions of this section. (f) Additional statutory considerations respect- ing certification, display, or representation of automotive fuel rating of automotive fuel For purposes of this section, the automotive fuel rating of any automotive fuel shall be con- sidered to be certified, displayed, or represented by any person consistent with the rating cer- tified to, or determined by, such person— (1) in the case of automotive fuel which con- sists of a blend of two or more quantities of automotive fuel of differing automotive fuel ratings, only if the rating certified, displayed, or represented by such person is the average of the automotive fuel ratings of such quantities, weighted by volume; or (2) in the case of fuel which does not consist of such a blend, only if the automotive fuel rating such person certifies, displays, or rep- resents is the same as the automotive fuel rat- ing of such fuel certified to, or determined by, such person. (g) Nonapplicability of statutory requirements The foregoing provisions of this section shall not apply— (1) to any representation (by display at the point of sale or by other means) of any charac- teristics of any automotive fuel other than its automotive fuel rating; or (2) to the identification of automotive fuel at the point of sale (or elsewhere) by the trademark, trade name, or other identifying symbol or mark used in connection with the sale of such fuel. (h) Display or representation of automotive fuel requirement of motor vehicle not to create express or implied warranty under State or Federal law respecting knocking characteris- tics of

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 45 — Unfair methods of competition unlawful; prevention by Commission

**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade** (1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful. (2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce. (3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless— (A) such methods of competition have a direct, substantial, and reasonably foreseeable effect— (i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 45 — Unfair methods of competition unlawful;

Page 51 TITLE 15—COMMERCE AND TRADE § 45 lawful restraints and monopolies’’, approved July 2, 1890; also sections 73 to 76, inclusive, of an Act entitled ‘‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’’, approved August 27, 1894; also the Act entitled ‘‘An Act to amend sections 73 and 76 of the Act of August 27, 1894, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’ ’’, ap- proved February 12, 1913; and also the Act enti- tled ‘‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’’, approved October 15, 1914. ‘‘Banks’’ means the types of banks and other financial institutions referred to in section 57a(f)(2) of this title. ‘‘Foreign law enforcement agency’’ means— (1) any agency or judicial authority of a for- eign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative author- ity in civil, criminal, or administrative mat- ters; and (2) any multinational organization, to the extent that it is acting on behalf of an entity described in paragraph (1). (Sept. 26, 1914, ch. 311, § 4, 38 Stat. 719; Mar. 21, 1938, ch. 49, § 2, 52 Stat. 111; Pub. L. 102–242, title II, § 212(g)(1), Dec. 19, 1991, 105 Stat. 2302; Pub. L. 107–273, div. C, title IV, § 14102(c)(2)(B), Nov. 2, 2002, 116 Stat. 1921; Pub. L. 109–455, §§ 2, 13, Dec. 22, 2006, 120 Stat. 3372, 3382; Pub. L. 112–203, § 1, Dec. 4, 2012, 126 Stat. 1484.) AMENDMENT OF SECTION For repeal of amendment by section 13 of Pub. L. 109–455, see Termination Date of 2006 Amend- ment note below. Editorial

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