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15 U.S.C. § 1477 — Enforcement by State Attorneys General
Federal law — U.S. Code and appendices · legal_authorities
The attorney general of a State, or other authorized State officer, alleging a violation of a standard or rule promulgated under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1472&num=0&edition=prelim) that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. The procedural requirements of [section 2073(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2073/b&num=0&edition=prelim) shall apply to any such action.
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Source file: Laws/federal/codes/united-states-code/title-15/section-1477-enforcement-by-state-attorneys-general--cd5642a50d.md
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Source location: Title 15, Chapter 39A, § 1477; chapter-39a-special-packaging-of-household-substances-for-protection-of-children.md
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The attorney general of a State, or other authorized State officer, alleging a violation of a standard or rule promulgated under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1472&num=0&edition=prelim) that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. The procedural requirements of [section 2073(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2073/b&num=0&edition=prelim) shall apply to any such action.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this Act—
(1) The term “Commission” means the Consumer Product Safety Commission.
(2) The term “household substance” means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is—
(A) a hazardous substance as that term is defined in [section 1261(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f&num=0&edition=prelim);
(B) a food, drug, or cosmetic as those terms are defined in [section 321 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim); or
(C) a substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house.
(3) The term “package” means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of [section 1473(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1473/a/2&num=0&edition=prelim), also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not include—
(A) any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof, or
(B) any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping.
(4) The term “special packaging” means packaging that is designed or
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1471
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Commission,11 Comma retained in amendment by Pub. L. 97–414. may establish in accordance with the provisions of this Act, by regulation, standards for the special packaging of any household substance if it finds that—
(1) the degree or nature of the hazard to children in the availability of such substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and
(2) the special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance.
**(b) Considerations** In establishing a standard under this section, the Commission shall consider—
(1) the reasonableness of such standard;
(2) available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances;
(3) the manufacturing practices of industries affected by this Act; and
(4) the nature and use of the household substance.
**(c) Publication of findings, reasons, and citation of statutory authorizations** In carrying out this Act, the Commission shall publish its findings, its reasons therefor, and citation of the sections of statutes which authorize its action.
**(d) Limitation** Nothing in this Act shall authorize the Commission to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in [section 1473(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1473/a/2&num=0&edition=prelim), labeling. In this case of a household substance for which special packaging is required purs
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any interested person (including any individual or nonprofit, business, or other entity) may bring an action in any United States district court for the district in which the defendant is found or transacts business to enforce a consumer product safety rule or an order under [section 2064 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064&num=0&edition=prelim), and to obtain appropriate injunctive relief. Not less than thirty days prior to the commencement of such action, such interested person shall give notice by registered mail to the Commission, to the Attorney General, and to the person against whom such action is directed. Such notice shall state the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought. No separate suit shall be brought under this section if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter. In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys’ fees (determined in accordance with [section 2060(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2060/f&num=0&edition=prelim)) and reasonable expert witnesses’ fees.
**(b) State Attorney General enforcement**
(1) **Right of action** — Except as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of section 2068(a)(1), (2), (5), (6), (7), (9), or (12) of this title that affects or may affect such State or its residents may bring an action on behalf of the residents of the
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Federal law — U.S. Code and appendices · legal_authorities
Page 1421
TITLE 15—COMMERCE AND TRADE
§ 1501
by any rule or regulation under the Poison Prevention
Packaging Act of 1970, or by reference in any preamble,
statement of policy, executive branch statements, or
other matter associated with the publication of any
such rule or regulation, see section 231 of Pub. L.
110–314, set out as a note under section 2051 of this title.
§ 1477. Enforcement by State Attorneys General
The attorney general of a State, or other au-
thorized State officer, alleging a violation of a
standard or rule promulgated under section 1472
of this title that affects or may affect such
State or its residents, may bring an action on
behalf of the residents of the State in any
United States district court for the district in
which the defendant is found or transacts busi-
ness to obtain appropriate injunctive relief. The
procedural requirements of section 2073(b) of
this title shall apply to any such action.
(Pub. L. 91–601, § 9, as added Pub. L. 110–314, title
II, § 218(b)(1), Aug. 14, 2008, 122 Stat. 3062.)
Editorial Notes
PRIOR PROVISIONS
A prior section 9 of Pub. L. 91–601 was renumbered
section 8 and is set out as a note under section 1471 of
this title.
CHAPTER 40—DEPARTMENT OF COMMERCE
Sec.
1501.
Establishment
of
Department;
Secretary;
seal.
1502, 1503.
Omitted.
1503a.
Under Secretary of Commerce for Economic
Affairs.
1503b.
Under Secretary of Commerce for Oceans and
Atmosphere;
duties;
appointment;
com-
pensation.
1504.
Repealed.
1505.
Additional Assistant Secretary; duties, rank
of Assistant Secretaries.
1506.
Additional Assistant Secretary; appointment;
applicability of section 1505.
1507.
Additional Assistant Secretary; appointment;
compensation; duties.
1507a.
Repealed.
1507b.
Assistant Secr
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1477
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