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15 U.S.C. § 2070 — Criminal penalties

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

15 U.S.C. § 2070 — Criminal penalties

**(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.

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Source file: Laws/federal/codes/united-states-code/title-15/section-2070-criminal-penalties--033e5b5b83.md
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Source location: Title 15, Chapter 47, § 2070; chapter-047-consumer-product-safety.md

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

15 U.S.C. § 2068 — Prohibited acts

**(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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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. § 2051 — Congressional findings and declaration of purpose

**(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

15 U.S.C. § 2070 — Criminal penalties

Page 1753 TITLE 15—COMMERCE AND TRADE § 2071 ‘‘the Commission shall consider the appropriateness of such penalty to the size of the business of the person charged, the nature of the product defect, the severity of the risk of injury, the occurrence or absence of in- jury, and the number of defective products distributed’’ for ‘‘the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered’’, and redesignated subsec. (c) as (d). 1978—Subsec. (a)(1). Pub. L. 95–631 made violation of section 2068(a)(10) of this title a separate offense. 1976—Subsec. (a)(1). Pub. L. 94–284 inserted reference to pars. (8) and (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 217(a)(1) of Pub. L. 110–314 ef- fective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out below, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 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. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. CIVIL PENALTY CRITERIA Pub. L. 110–314, title II, § 217(b)(2), Aug. 14, 2008, 122 Stat. 3059, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Aug. 14, 2008], and in accordance with the procedures of section 553 of title 5, United States Code, the [Consumer Product Safety] Commission shall issue a final

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