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15 U.S.C. § 1197 — Guaranties

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

15 U.S.C. § 1197 — Guaranties

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Stable record: federal_law:legal_authorities:record_usc_6d8803dbbcc347d387767e83
Source file: Laws/federal/codes/united-states-code/title-15/section-1197-guaranties--1b0bfd7268.md
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Source location: Title 15, Chapter 25, § 1197; chapter-025-flammable-fabrics.md

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**(a) Defense to prosecution** No person shall be subject to prosecution under [section 1196 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1196&num=0&edition=prelim) for a violation of [section 1192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim) if such person (1) establishes a guaranty received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received, to the effect that reasonable and representative tests made in accordance with standards issued or amended under the provisions of [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim) show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), and (2) has not, by further processing, affected the flammability of the fabric, related material, or product covered by the guaranty which he received. Such guaranty shall be either (1) a separate guaranty specifically designating the product, fabric, or related material guaranteed, in which case it may be on the invoice or other paper relating to such product, fabric, or related material; (2) a continuing guaranty given by seller to buyer applicable to any product, fabric, or related material sold or to be sold to buyer by seller in a form as the Commission by rules and regulations may prescribe; or (3) a continuing guaranty filed with the Commission applicable to any product, fabric, or related material handled by a guarantor, in such form as the Commission by rules or regulations may prescribe. **(b) False guaranty** It shall be unlawful for any person to furnish, with respect to any product, fabric, or related material, a false guaranty (except a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received) with reason to believe the product, fabric, or related material falsely guaranteed may be introduced, sold, or transported in commerce, and any person who violates the provisions of this subsection is guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce within the meaning 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.].

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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. § 1193 — Flammability standards or regulations

**(a) Proceedings by Commission for determination** Whenever the Commission finds on the basis of the investigations or research conducted pursuant to [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1201&num=0&edition=prelim) that a new or amended flammability standard or other regulation, including labeling, for a fabric, related material, or product may be needed to protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage, it shall institute proceedings for the determination of an appropriate flammability standard (including conditions and manner of testing) or other regulation or amendment thereto for such fabric, related material, or product. **(b) Necessary findings; effective date; exemptions** Each standard, regulation, or amendment thereto promulgated pursuant to this section shall be based on findings that such standard, regulation, or amendment thereto is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death, injury, or significant property damage, is reasonable, technologically practicable, and appropriate, is limited to such fabrics, related materials, or products which have been determined to present such unreasonable risks, and shall be stated in objective terms. Each such standard, regulation, or amendment thereto, shall become effective twelve months from the date on which such standard, regulation, or amendment is promulgated, unless the Commission finds for good cause shown that an earlier or later effective date is in the public interest and publishes the reason for such finding. Each such standard or regulation or amendment thereto shall exempt fabrics relate

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

15 U.S.C. § 2079 — Transfers of functions

**(a) Hazardous substances and poisons** The functions of the Secretary of Health, Education, and Welfare under the Federal Hazardous Substances Act [[15 U.S.C. 1261](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261&num=0&edition=prelim) et seq.] and the Poison Prevention Packaging Act of 1970 [[15 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1471&num=0&edition=prelim) et seq.] are transferred to the Commission. The functions of the Secretary of Health, Education, and Welfare under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.], to the extent such functions relate to the administration and enforcement of the Poison Prevention Packaging Act of 1970, are transferred to the Commission. **(b) Flammable fabrics** The functions of the Secretary of Health, Education, and Welfare, the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics Act [[15 U.S.C. 1191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1191&num=0&edition=prelim) et seq.] are transferred to the Commission. The functions of the Federal Trade Commission under 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.], to the extent such functions relate to the administration and enforcement of the Flammable Fabrics Act, are transferred to the Commission. **(c) Household refrigerators** The functions of the Secretary of Commerce and the Federal Trade Commission under the Act of August 2, 1956 [[15 U.S.C. 1211](https://uscode.house.gov/view.xhtml?req=granuleid:

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2079

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

15 U.S.C. § 1196 — Penalties

Violation of section 1192 or 1197(b) of this title, or failure to comply with [section 1202(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1202/c&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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1196

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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

15 U.S.C. § 1192 — Prohibited transactions

**(a) Nonconforming products** The manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under 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.]. **(b) Nonconforming components** The manufacture for sale, the sale, or the offering for sale, of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under 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.].

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

15 U.S.C. § 1197 — Guaranties

Page 1351 TITLE 15—COMMERCE AND TRADE § 1197 wearing apparel or fabrics’’ wherever appearing and struck out ‘‘for wearing apparel purposes’’ before ‘‘until properly and adequately treated or processed’’ in two places. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Con- sumer Product Safety Commission, along with func- tions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. § 1196. Penalties Violation of section 1192 or 1197(b) of this title, or failure to comply with section 1202(c) of this title, is punishable by— (1) imprisonment for not more than 5 years for a knowing and willful violation of that sec- tion; (2) a fine determined under section 3571 of title 18; or (3) both. (June 30, 1953, ch. 164, § 7, 67 Stat. 114; Pub. L. 95–631, § 8(b), Nov. 10, 1978, 92 Stat. 3747; Pub. L. 110–314, title II, § 217(c)(4), Aug. 14, 2008, 122 Stat. 3060.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–314 amended section generally. Prior to amendment, text read as follows: ‘‘Any person who willfully violates section 1192 or 1197(b) of this title, or who fails to comply with section 1202(c) of this title, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $5,000 or be impris- oned not more than one year or both in the discretion of the court: Provided, That nothing herein shall limit other provisions of this chapter.’’ 1978—Pub. L. 95–631 authorized penalties for non- compliance with section 1202(c) of this title. § 1197. Guarantie

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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

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 41

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