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15 U.S.C. § 1196 — Penalties

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.

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Source location: Title 15, Chapter 25, § 1196; chapter-025-flammable-fabrics.md

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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. § 1197 — Guaranties

**(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;

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

15 U.S.C. § 1196 — Penalties

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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