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15 U.S.C. § 1264 — Penalties; exceptions

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

15 U.S.C. § 1264 — Penalties; exceptions

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Source file: Laws/federal/codes/united-states-code/title-15/section-1264-penalties-exceptions--30d2172093.md
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Source location: Title 15, Chapter 30, § 1264; chapter-030-hazardous-substances.md

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**(a) Criminal penalties** Any person who violates any of the provisions of [section 1263 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263&num=0&edition=prelim) shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $500 or to imprisonment for not more than ninety days, or both; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than 5 years, 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 both. **(b) Exceptions** No person shall be subject to the penalties of subsection (a) of this section, (1) for having violated [section 1263(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263/c&num=0&edition=prelim), if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless he refuses to furnish on request of an officer or employee duly designated by the Commission, the name and address of the person from whom he purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to him; or (2) for having violated [section 1263(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263/a&num=0&edition=prelim), if he established a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this chapter; or (3) for having violated subsection (a) or (c) of [section 1263 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263&num=0&edition=prelim) with respect to any hazardous substance shipped or delivered for shipment for export to any foreign country, in a package marked for export on the outside of the shipping container and labeled in accordance with the specifications of the foreign purchaser and in accordance with the laws of the foreign country, but if such hazardous substance is sold or offered for sale in domestic commerce or if the Commission determines that exportation of such substance presents an unreasonable risk of injury to persons residing within the United States, this clause shall not apply. **(c) Civil penalties** (1) Any person who knowingly violates [section 1263 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263&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 subsections (a), (b), (c), (d), (f), (g), (i), (j), and (k) of [section 1263 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263&num=0&edition=prelim) shall constitute a separate offense with respect to each substance involved, except that the maximum civil penalty shall not exceed $15,000,000 for any related series of violations. A violation of [section 1263(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263/e&num=0&edition=prelim) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required by [section 1263(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263/e&num=0&edition=prelim); 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 subsection (a) or (c) of [section 1263 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263&num=0&edition=prelim)— (A) if the person who violated such subsection is not the manufacturer, importer, or private labeler or a distributor of the substances involved; and (B) if such person did not have either (i) actual knowledge that such person’s distribution or sale of the substance violated such subsection, or (ii) notice from the Commission that such distribution or sale would be a violation of such subsection. (3) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of [section 1263 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1263&num=0&edition=prelim), the Commission shall consider the nature, circumstances, extent, and gravity of the violation, including the nature of the substance, the severity of the risk of injury, the occurrence or absence of injury, the amount of the substance distributed, the appropriateness of such penalty in relation to the size of the business of the person charged, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate. (4) Any civil penalty under this subsection may be compromised by the Commission. In determining the amount of such penalty or whether it should be remitted or mitigated, and in what amount, the Commission shall consider the appropriateness of such penalty to the size of the business of the persons charged, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including,11 So in original. The comma probably should not appear. the nature of the substance involved, the severity of the risk of injury, the occurrence or absence of injury, and the amount of the substance distributed, and such other factors as appropriate. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged. (5) As used in the first sentence of paragraph (1), the term “knowingly” means (A) having actual knowledge, or (B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations. (6) (A) The maximum penalty amounts authorized in paragraph (1) shall be adjusted for inflation as provided in this paragraph. (B) Not later than December 1, 2011, and December 1 of each fifth calendar year thereafter, the Commission shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication. (C) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts referred to in paragraph (1) by the cost-of-living adjustment for the preceding five years. Any increase determined under the preceding sentence shall be rounded to— (i) in the case of penalties greater than $1,000 but less than or equal to $10,000, the nearest multiple of $1,000; (ii) in the case of penalties greater than $10,000 but less than or equal to $100,000, the nearest multiple of $5,000; (iii) in the case of penalties greater than $100,000 but less than or equal to $200,000, the nearest multiple of $10,000; and (iv) in the case of penalties greater than $200,000, the nearest multiple of $25,000. (D) For purposes of this subsection: (i) The term “Consumer Price Index” means the Consumer Price Index for all-urban consumers published by the Department of Labor. (ii) The term “cost-of-living adjustment for the preceding five years” means the percentage by which— (I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds (II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted. **(d) Civil action for injunction** In the case of an attorney general of a State alleging a violation that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce any requirement of this chapter relating to misbranded or banned hazardous substances. The procedural requirements of [section 2073 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2073&num=0&edition=prelim) shall apply to any such action.

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

15 U.S.C. § 2073 — Additional enforcement of product safety rules and section 2064 orders

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2073

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

18 U.S.C. § 3571 — Sentence of fine

**(a) In General.—** A defendant who has been found guilty of an offense may be sentenced to pay a fine. **(b) Fines for Individuals.—** Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $250,000; (4) for a misdemeanor resulting in death, not more than $250,000; (5) for a Class A misdemeanor that does not result in death, not more than $100,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or (7) for an infraction, not more than $5,000. **(c) Fines for Organizations.—** Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $500,000; (4) for a misdemeanor resulting in death, not more than $500,000; (5) for a Class A misdemeanor that does not result in death, not more than $200,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and (7) for an infraction, not more than $10,000. **(d) Alternative Fine Based on Gain or Loss.—** If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing pr

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

15 U.S.C. § 1263 — Prohibited acts

The following acts and the causing thereof are prohibited: **(a)** The introduction or delivery for introduction into interstate commerce of any misbranded hazardous substance or banned hazardous substance. **(b)** The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while the substance is in interstate commerce, or while the substance is held for sale (whether or not the first sale) after shipment in interstate commerce, and results in the hazardous substance being a misbranded hazardous substance or banned hazardous substance. **(c)** The receipt in interstate commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise. **(d)** The giving of a guarantee or undertaking referred to in [section 1264(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1264/b/2&num=0&edition=prelim) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance. **(e)** The failure to permit entry or inspection as authorized by [section 1270(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1270/b&num=0&edition=prelim) or to permit access to and copying of any record as authorized by [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1271&num=0&edition=prelim). **(f)** The introduction or delivery for introduct

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1263

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

15 U.S.C. § 1194 — Administration and enforcement

**(a) Enforcement under Federal Trade Commission Act provisions; civil action to enforce standard or regulation** Except as otherwise specifically provided herein, sections 1192, 1194, 1195, and 1197(b) of this title shall be enforced by the Commission under rules, regulations and procedures provided for in 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.]. In the case of an attorney general of a State alleging a violation of a standard or regulation under [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim) that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of [section 2073 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2073&num=0&edition=prelim) shall apply to any such action. **(b) Application of Federal Trade Commission Act provisions** The Commission is authorized and directed to prevent any person from violating the provisions of [section 1192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim) in the same manner, by the same means and with the same jurisdiction, powers and duties as though all applicable terms and provisions 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 incorporated into and made a part of this chapter; and any such person violating any provision of [section 1192 of this title](ht

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

15 U.S.C. § 2069 — Civil penalties

**(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

15 U.S.C. § 2064 — Substantial product hazards

**(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

15 U.S.C. § 1264 — Penalties; exceptions

Page 1371 TITLE 15—COMMERCE AND TRADE § 1264 the Commission’’ for ‘‘Secretary or officers or employ- ees of the Department’’. Subsec. (i). Pub. L. 110–314, § 204(b)(4)(H), substituted ‘‘Commission’’ for ‘‘Consumer Product Safety Commis- sion’’. 1986—Subsec. (k). Pub. L. 99–339 added subsec. (k). 1981—Subsec. (j). Pub. L. 97–35 added subsec. (j). 1978—Subsec. (i). Pub. L. 95–631 added subsec. (i). 1966—Subsec. (a). Pub. L. 89–756, §§ 2(f)(1), 3(b), sub- stituted ‘‘misbranded hazardous substance or banned hazardous substance’’ for ‘‘misbranded package of a hazardous substance’’. Subsec. (b). Pub. L. 89–756, §§ 2(f)(2), 3(b), substituted ‘‘being a misbranded hazardous substance or banned hazardous substance’’ for ‘‘being in a misbranded pack- age’’. Subsec. (c). Pub. L. 89–756, §§ 2(f)(1), 3(b), substituted ‘‘misbranded hazardous substance or banned hazardous substance’’ for ‘‘misbranded package of a hazardous substance’’. Subsec. (f). Pub. L. 89–756, § 2(f)(2), substituted ‘‘being a misbranded hazardous substance’’ for ‘‘being in a mis- branded package’’. Subsec. (g). Pub. L. 89–756, §§ 2(f)(1), 3(b), substituted ‘‘misbranded hazardous substance or banned hazardous substance’’ for ‘‘misbranded package of a hazardous substance’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–339 effective 24 months after June 19, 1986, see section 109(d)(3) of Pub. L. 99–339, set out as a note under section 1261 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. § 1264. Penalties; exceptions (a) Criminal penalties Any person who violates any of the provisions of section 12

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