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15 U.S.C. § 2068 — Prohibited acts
Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation** It shall be unlawful for any person to—
(1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this chapter, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission;
(2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is—
(B) 11 So in original. No subpar. (A) has been enacted. subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public or if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action;
(C) subject to an order issued under section 2061 or 2064 of this title; or
(D) a banned hazardous substance within the meaning of [section 1261(q)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/q/1&num=0&edition=prelim);
(3) fail or refuse to permit access to or copying of records, or fail or refuse to establish or maintain records, or fail or refuse to make reports or provide information, or fail or refuse to permit entry or inspection, as required under this chapter or rule thereunder;
(4) fail to furnish information required by [section 2064(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/b&num=0&edition=prelim);
(5) fail to comply with an order issued under section 2064(c) or (d) of this
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Stable record: federal_law:legal_authorities:record_usc_2421e05f8349b7f64532601b
Source file: Laws/federal/codes/united-states-code/title-15/section-2068-prohibited-acts--ae4af7f978.md
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Source location: Title 15, Chapter 47, § 2068; chapter-047-consumer-product-safety.md
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**(a) Designation** It shall be unlawful for any person to—
(1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this chapter, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission;
(2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is—
(B) 11 So in original. No subpar. (A) has been enacted. subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public or if the seller, distributor, or manufacturer knew or should have known of such voluntary corrective action;
(C) subject to an order issued under section 2061 or 2064 of this title; or
(D) a banned hazardous substance within the meaning of [section 1261(q)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/q/1&num=0&edition=prelim);
(3) fail or refuse to permit access to or copying of records, or fail or refuse to establish or maintain records, or fail or refuse to make reports or provide information, or fail or refuse to permit entry or inspection, as required under this chapter or rule thereunder;
(4) fail to furnish information required by [section 2064(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/b&num=0&edition=prelim);
(5) fail to comply with an order issued under section 2064(c) or (d) of this title (relating to notification, to repair, replacement, and refund, and to prohibited acts);
(6) fail to furnish a certificate required by this chapter or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any requirement of [section 2063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2063&num=0&edition=prelim) (including the requirement for tracking labels) or any rule or regulation under such section;
(7) fail to comply with any rule under [section 2058(g)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058/g/2&num=0&edition=prelim) (relating to stockpiling);
(8) fail to comply with any rule under [section 2076(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2076/e&num=0&edition=prelim) (relating to provision of performance and technical data);
(9) fail to comply with any rule or requirement under [section 2082 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2082&num=0&edition=prelim) (relating to labeling and testing of cellulose insulation);
(10) fail to file a statement with the Commission pursuant to [section 2067(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2067/b&num=0&edition=prelim);
(11) fail to furnish information required by [section 2084 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2084&num=0&edition=prelim).22 So in original. The period probably should be a semicolon.
(12) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark;
(13) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 2061 or 2064 of this title, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this chapter or any other Act enforced by the Commission; or 33 So in original. The word “or” probably should not appear.
(14) exercise, or attempt to exercise, undue influence on a third party conformity assessment body (as defined in [section 2063(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2063/f/2&num=0&edition=prelim)) with respect to the testing, or reporting of the results of testing, of any product for compliance under this chapter or any other Act enforced by the Commission, or to subdivide the production of any children’s product into small quantities that have the effect of evading any third party testing requirements under [section 2063(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2063/a/2&num=0&edition=prelim);
(15) export from the United States for purpose of sale any consumer product, or other product or substance regulated by the Commission (other than a consumer product or substance, the export of which is permitted by the Secretary of the Treasury pursuant to [section 2066(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2066/e&num=0&edition=prelim)) that—
(A) is subject to an order issued under section 2061 or 2064 of this title or is a banned hazardous substance within the meaning of [section 1261(q)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/q/1&num=0&edition=prelim); or
(B) is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public; or
(16) violate an order of the Commission issued under [section 2067(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2067/c&num=0&edition=prelim).
**(b) Exception** Paragraphs (1) and (2) of subsection (a) of this section shall not apply to any person (1) who holds a certificate issued in accordance with [section 2063(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2063/a&num=0&edition=prelim) to the effect that such consumer product conforms to all applicable consumer product safety rules, unless such person knows that such consumer product does not conform, or (2) who relies in good faith on the representation of the manufacturer or a distributor of such product that the product is not subject to an applicable product safety rule.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 92–573, § 13, Oct. 27, 1972, 86 Stat. 1219, provided that Commission could prescribe procedures to insure that manufacturer of a new consumer product notify Commission of new product prior to its distribution.
#### Effective Date of Repeal
Repeal effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under [section 2052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2052&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2062
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification of settlements or judgments** If a particular model of a consumer product is the subject of at least 3 civil actions that have been filed in Federal or State court for death or grievous bodily injury which in each of the 24-month periods defined in subsection (b) result in either a final settlement involving the manufacturer or a court judgment in favor of the plaintiff, the manufacturer of such product shall, in accordance with subsection (c), report to the Commission each such civil action within 30 days after the final settlement or court judgment in the third of such civil actions, and, within 30 days after any subsequent settlement or judgment in that 24-month period, any other such action.
**(b) Calculation of 24-month periods** The 24-month periods referred to in subsection (a) are the 24-month period commencing on January 1, 1991, and subsequent 24-month periods beginning on January 1 of the calendar year that is two years following the beginning of the previous 24-month period.
**(c) Information required to be reported**
(1) The information required by subsection (a) to be reported to the Commission, with respect to each civil action described in subsection (a), shall include and in addition to any voluntary information provided under paragraph (2) shall be limited to the following:
(A) The name and address of the manufacturer.
(B) The model and model number or designation of the consumer product subject to the civil action.
(C) A statement as to whether the civil action alleged death or grievous bodily injury, and in the case of an allegation of grievous bodily injury, a statement of the category of such injury.
(D) A statement as to whether the civil action resulted in a final settlement or a judgment in favor of the plaintif
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2084
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification accompanying product; products with more than one manufacturer**
(1) **General conformity certification.—** — Except as provided in paragraphs (2) and (3), every manufacturer of a product which is subject to a consumer product safety rule under this chapter or similar rule, ban, standard, or regulation under any other Act enforced by the Commission and which is imported for consumption or warehousing or distributed in commerce (and the private labeler of such product if such product bears a private label) shall issue a certificate which—
(A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this chapter or any other Act enforced by the Commission; and
(B) shall specify each such rule, ban, standard, or regulation applicable to the product.
(2) **Third party testing requirement.—** — Effective on the dates provided in paragraph (3), before importing for consumption or warehousing or distributing in commerce any children’s product that is subject to a children’s product safety rule, every manufacturer of such children’s product (and the private labeler of such children’s product if such children’s product bears a private label) shall—
(A) submit sufficient samples of the children’s product, or samples that are identical in all material respects to the product, to a third party conformity assessment body accredited under paragraph (3) to be tested for compliance with such children’s product safety rule; and
(B) based on such testing, issue a certificate that certifies that such children’s product complies with the children’s product safety rule based on the assessment of a third party conformity asse
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2063
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of specification of General Services Administration; authority and effect of interim standard; modifications; criteria; labeling requirements**
(1) Subject to the provisions of paragraph (2), on and after the last day of the 60-day period beginning on July 11, 1978, the requirements for flame resistance and corrosiveness set forth in the General Services Administration’s specification for cellulose insulation, HH–I–515C (as such specification was in effect on February 1, 1978), shall be deemed to be an interim consumer product safety standard which shall have all the authority and effect of any other consumer product safety standard promulgated by the Commission under this chapter. During the 45-day period beginning on July 11, 1978, the Commission may make, and shall publish in the Federal Register, such technical, nonsubstantive changes in such requirements as it deems appropriate to make such requirements suitable for promulgation as a consumer product safety standard. At the end of the 60-day period specified in the first sentence of this paragraph, the Commission shall publish in the Federal Register such interim consumer product safety standard, as altered by the Commission under this paragraph.
(2) The interim consumer product safety standard established in paragraph (1) shall provide that any cellulose insulation which is produced or distributed for sale or use as a consumer product shall have a flame spread rating of 0 to 25, as such rating is set forth in the General Services Administration’s specification for cellulose insulation, HH–I–515C.
(3) During the period for which the interim consumer product safety standard established in subsection (a) is in effect, in addition to complying with any labeling requirement established by the Com
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2082
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce;
(2) complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately;
(3) the public should be protected against unreasonable risks of injury associated with consumer products;
(4) control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers;
(5) existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and
(6) regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this chapter.
**(b)** The purposes of this chapter are—
(1) to protect the public against unreasonable risks of injury associated with consumer products;
(2) to assist consumers in evaluating the comparative safety of consumer products;
(3) to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and
(4) to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Substantial product hazard” defined** For purposes of this section, the term “substantial product hazard” means—
(1) a failure to comply with an applicable consumer product safety rule under this chapter or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or
(2) a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.
**(b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailer** Every manufacturer of a consumer product, or other product or substance over which the Commission has jurisdiction under any other Act enforced by the Commission (other than motor vehicle equipment as defined in [section 30102(a)(7) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30102/a/7&num=0&edition=prelim) 11 See References in Text note below.), distributed in commerce, and every distributor and retailer of such product, who obtains information which reasonably supports the conclusion that such product—
(1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Commission has relied under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim);
(2) fails to comply with any other rule, regulation, standard, or ban under this chapter or any other Act enforced by the Commission;
(3) contains a defect which could create a substantial product hazard described
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure requirements for manufacturers or private labelers; procedures applicable**
(1) Nothing contained in this Act shall be construed to require the release of any information described by subsection (b) of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) or which is otherwise protected by law from disclosure to the public.
(2) All information reported to or otherwise obtained by the Commission or its representative under this Act which information contains or relates to a trade secret or other matter referred to in [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim) or subject to [section 552(b)(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/4&num=0&edition=prelim) shall be considered confidential and shall not be disclosed.
(3) The Commission shall, prior to the disclosure of any information which will permit the public to ascertain readily the identity of a manufacturer or private labeler of a consumer product, offer such manufacturer or private labeler an opportunity to mark such information as confidential and therefore barred from disclosure under paragraph (2). A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission’s offer.
(4) All information that a manufacturer or private labeler has marked to be confidential and barred from disclosure under paragraph (2), either at the time of submission or pursuant to paragraph (3), shall not be disclosed, except in accordance with the procedures established in paragraphs (5) and (6).
(5) If the Commission determines that a docum
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2055
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount of penalty**
(1) Any person who knowingly violates [section 2068 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2068&num=0&edition=prelim) shall be subject to a civil penalty not to exceed $100,000 for each such violation. Subject to paragraph (2), a violation of section 2068(a)(1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of this title shall constitute a separate offense with respect to each consumer product involved, except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations. A violation of [section 2068(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2068/a/3&num=0&edition=prelim) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required thereby; and, if such violation is a continuing one, each day of such violation shall constitute a separate offense, except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations.
(2) The second sentence of paragraph (1) of this subsection shall not apply to violations of paragraph (1) or (2) of [section 2068(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2068/a&num=0&edition=prelim)—
(A) if the person who violated such paragraphs is not the manufacturer or private labeler or a distributor of the products involved, and
(B) if such person did not have either (i) actual knowledge that his distribution or sale of the product violated such paragraphs or (ii) notice from the Commission that such distribution or sale would be a violation of such paragraphs.
(3)
(A) The maximum penalty amounts authorized in paragraph (1) shall be
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2069
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Violation of [section 2068 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2068&num=0&edition=prelim) is punishable by—
(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;
(2) a fine determined under [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim); or
(3) both.
**(b)** Any individual director, officer, or agent of a corporation who knowingly and willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of [section 2068 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2068&num=0&edition=prelim) shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a).
**(c)**
(1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this chapter or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation.
(2) In this subsection, the term “criminal violation” means a violation of this chapter or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2070
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction** The United States district courts shall have jurisdiction to take the following action:
(1) Restrain any violation of [section 2068 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2068&num=0&edition=prelim).
(2) Restrain any person from manufacturing for sale, offering for sale, distributing in commerce, or importing into the United States a product in violation of an order in effect under [section 2064(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/d&num=0&edition=prelim).
(3) Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule.
Such actions may be brought by the Commission (without regard to [section 2076(b)(7)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2076/b/7/A&num=0&edition=prelim)) or by the Attorney General in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts business. In any action under this section process may be served on a defendant in any other district in which the defendant resides or may be found.
**(b) Products liable to proceeding** Any consumer product—
(1) which fails to conform with an applicable consumer product safety rule, or
(2) the manufacture for sale, offering for sale, distribution in commerce, or the importation into the United States of which has been prohibited by an order in effect under [section 2064(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/d&num=0&edition=prelim),
when introduced into or whi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2071
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