15 U.S.C. § 1455 — Procedure for promulgation of regula-

Page 1413 TITLE 15—COMMERCE AND TRADE § 1455 affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and cus- tomary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents; (3) require that the label on each package of a consumer commodity (other than one which is a food within the meaning of section 321(f) of title 21) bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or (4) prevent the nonfunctional-slack-fill of packages containing consumer commodities. For purposes of paragraph (4) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (A) pro- tection of the contents of such package or (B) the requirements of machines used for enclosing the contents in such package. (d) Development by manufacturers, packers, and distributors of voluntary product standards Whenever the Secretary of Commerce deter- mines that there is undue proliferation of the weights or masses, measures, or quantities in which any consumer commodity or reasonably comparable consumer commodities are being distributed in packages for sale at retail and such undue proliferation impairs the reasonable ability of consumers to make value comparisons with respect to such consumer commodity or commodities, he shall request manufacturers, packers, and distributors of the commodity or commodities to participate in the development of a voluntary product standard for such com- modity or commodities under the procedures for the development of voluntary products stand- ards established by the Secretary pursuant to section 272 of this title. Such procedures shall provide adequate manufacturer, packer, dis- tributor, and consumer representation. (e) Report and recommendations to Congress upon industry failure to develop or abide by voluntary product standards If (1) after one year after the date on which the Secretary of Commerce first makes the re- quest of manufacturers, packers, and distribu- tors to participate in the development of a vol- untary product standard as provided in sub- section (d) of this section, he determines that such a standard will not be published pursuant to the provisions of such subsection (d), or (2) if such a standard is published and the Secretary of Commerce determines that it has not been ob- served, he shall promptly report such deter- mination to the Congress with a statement of the efforts that have been made under the vol- untary standards program and his recommenda- tion as to whether Congress should enact legis- lation providing regulatory authority to deal with the situation in question. (Pub. L. 89–755, § 5, Nov. 3, 1966, 80 Stat. 1298; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–245, title I, § 107(a)(1), (2), Feb. 14, 1992, 106 Stat. 13; Pub. L. 102–329, §§ 1(1), (2), 3, Aug. 3, 1992, 106 Stat. 847, 848.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–245, § 107(a)(1), (2), (b), which di- rected amendment of section, effective two years after Feb. 14, 1992, by substituting ‘‘weight or mass’’ for ‘‘weight’’ in subsec. (c)(1) and ‘‘weights or masses’’ for ‘‘weights’’ in subsec. (d), was repealed by Pub. L. 102–329, § 3. Subsec. (c)(1). Pub. L. 102–329, § 1(1), substituted ‘‘weight or mass’’ for ‘‘weight’’. Subsec. (d). Pub. L. 102–329, § 1(2), substituted ‘‘weights or masses’’ for ‘‘weights’’. 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. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–329 effective Feb. 14, 1994, but with such amendment to have no effect on the sale or distribution of products whose labels have been printed before such date, no application to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information, and no construction requiring changes in package size or affecting in any way the size of packages, see section 2 of Pub. L. 102–329, set out as a note under section 1453 of this title. § 1455. Procedure for promulgation of regula- tions (a) Hearings by Secretary of Health and Human Services Regulations promulgated by the Secretary under section 1453 or 1454 of this title shall be promulgated, and shall be subject to judicial re- view, pursuant to the provisions of subsections (e), (f), and (g) of section 371 of title 21. Hearings authorized or required for the promulgation of any such regulations by the Secretary shall be conducted by the Secretary or by such officer or employees of the Department of Health and Human Services as he may designate for that purpose. (b) Judicial review; hearings by Federal Trade Commission Regulations promulgated by the Commission under section 1453 or 1454 of this title shall be promulgated, and shall be subject to judicial re- view, by proceedings taken in conformity with the provisions of subsections (e), (f), and (g) of section 371 of title 21 in the same manner, and with the same effect, as if such proceedings were taken by the Secretary pursuant to subsection (a) of this section. Hearings authorized or re- quired for the promulgation of any such regula- tions by the Commission shall be conducted by the Commission or by such officer or employee of the Commission as the Commission may des- ignate for that purpose. 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-