15 U.S.C. § 1456 — Enforcement

Page 1414 TITLE 15—COMMERCE AND TRADE § 1456 (c) Cooperation with other departments and agencies In carrying into effect the provisions of this chapter, the Secretary and the Commission are authorized to cooperate with any department or agency of the United States, with any State, Commonwealth, or possession of the United States, and with any department, agency, or po- litical subdivision of any such State, Common- wealth, or possession. (d) Returnable or reusable glass containers for beverages No regulation adopted under this chapter shall preclude the continued use of returnable or reus- able glass containers for beverages in inventory or with the trade as of the effective date of this Act, nor shall any regulation under this chapter preclude the orderly disposal of packages in in- ventory or with the trade as of the effective date of such regulation. (Pub. L. 89–755, § 6, Nov. 3, 1966, 80 Stat. 1299; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT The effective date of this Act, referred to in subsec. (d), refers to the effective date of Pub. L. 89–755 which enacted this chapter to take effect July 1, 1967. See Ef- fective Date note set out under section 1451 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Department of Health and Human Services’’ sub- stituted for ‘‘Department of Health, Education, and Welfare’’ in subsec. (a), pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. § 1456. Enforcement (a) Misbranded consumer commodities Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), and which is introduced or delivered for introduction into commerce in violation of any of the provisions of this chapter, or the regulations issued pursu- ant to this chapter, shall be deemed to be mis- branded within the meaning of chapter III of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 331 et seq.], but the provisions of section 303 of that Act (21 U.S.C. 333) shall have no application to any violation of section 1452 of this title. (b) Unfair or deceptive acts or practices in com- merce Any violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, with respect to any consumer com- modity which is not a food, drug, device, or cos- metic, shall constitute an unfair or deceptive act or practice in commerce in violation of sec- tion 45(a) of this title and shall be subject to en- forcement under section 45(b) of this title. (c) Imports In the case of any imports into the United States of any consumer commodity covered by this chapter, the provisions of sections 1453 and 1454 of this title shall be enforced by the Sec- retary of the Treasury pursuant to section 801(a) and (b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381). (Pub. L. 89–755, § 7, Nov. 3, 1966, 80 Stat. 1300.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040. Chapter III of the Act is classified generally to subchapter III (§ 331 et seq.) of chapter 9 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. § 1457. Omitted Editorial Notes CODIFICATION Section, Pub. L. 89–755, § 8, Nov. 3, 1966, 80 Stat. 1300; Pub. L. 93–608, § 3(2), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 97–375, title II, §§ 202(d), 206(b), Dec. 21, 1982, 96 Stat. 1822, 1823, which required officers and agencies required or authorized by this chapter to promulgate regula- tions, to transmit an annual report to Congress de- scribing activities carried out for the administration and enforcement of this chapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, pages 54, 92, and 172 of House Document No. 103–7. § 1458. Cooperation with State authorities; trans- mittal of regulations to States; noninter- ference with existing programs (a) A copy of each regulation promulgated under this chapter shall be transmitted prompt- ly to the Secretary of Commerce, who shall (1) transmit copies thereof to all appropriate State officers and agencies, and (2) furnish to such State officers and agencies information and as- sistance to promote to the greatest practicable extent uniformity in State and Federal regula- tion of the labeling of consumer commodities. (b) Nothing contained in this section shall be construed to impair or otherwise interfere with any program carried into effect by the Secretary of Health and Human Services under other pro- visions of law in cooperation with State govern- ments or agencies, instrumentalities, or polit- ical subdivisions thereof. (Pub. L. 89–755, § 9, Nov. 3, 1966, 80 Stat. 1301; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. § 1459. Definitions For the purpose of this chapter— (a) The term ‘‘consumer commodity’’, except as otherwise specifically provided by this sub- section, means any food, drug, device, or cos-