15 U.S.C. § 1244 — Exceptions

Page 1360 TITLE 15—COMMERCE AND TRADE § 1241 mobile pursuant to section 1232 of this title, or any endorsement thereon, prior to the time that such automobile is delivered to the actual cus- tody and possession of the ultimate purchaser of such new automobile, except where the manu- facturer relabels the automobile in the event the same is rerouted, repurchased, or reacquired by the manufacturer of such automobile, shall be fined not more than $1,000, or imprisoned not more than one year, or both. Such removal, al- teration, or rendering illegible with respect to each automobile shall constitute a separate of- fense. (Pub. L. 85–506, § 4, July 7, 1958, 72 Stat. 326.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of Oct. 1, 1958, or the first day of the introduction of any new model of auto- mobile in any line of automobile beginning after July 7, 1958, see section 5 of Pub. L. 85–506, set out as a note under section 1231 of this title. CHAPTER 29—MANUFACTURE, TRANSPOR- TATION, OR DISTRIBUTION OF SWITCH- BLADE KNIVES Sec. 1241. Definitions. 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty. 1243. Manufacture, sale, or possession within spe- cific jurisdictions; penalty. 1244. Exceptions. 1245. Ballistic knives. § 1241. Definitions As used in this chapter— (a) The term ‘‘interstate commerce’’ means commerce between any State, Territory, posses- sion of the United States, or the District of Co- lumbia, and any place outside thereof. (b) The term ‘‘switchblade knife’’ means any knife having a blade which opens automati- cally— (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both. (Pub. L. 85–623, § 1, Aug. 12, 1958, 72 Stat. 562.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 85–623, which enacted sec- tions 1241 to 1244 of this title and amended section 1716 of Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 85–623, § 6, Aug. 12, 1958, 72 Stat. 563, provided that: ‘‘This Act [enacting this chapter and amending section 1716 of Title 18, Crimes and Criminal Procedure] shall take effect on the sixtieth day after the date of its enactment [Aug. 12, 1958].’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–570, title X, § 10001, Oct. 27, 1986, 100 Stat. 3207–166, provided that: ‘‘This title [enacting section 1245 of this title, amending section 1716 of Title 18, Crimes and Criminal Procedure, and enacting provi- sions set out as a note under section 1245 of this title] may be cited as the ‘Ballistic Knife Prohibition Act of 1986’.’’ SHORT TITLE Pub. L. 85–623, Aug. 12, 1958, 72 Stat. 562, which en- acted this chapter, is popularly known as the ‘‘Federal Switchblade Act’’. § 1242. Introduction, manufacture for introduc- tion, transportation or distribution in inter- state commerce; penalty Whoever knowingly introduces, or manufac- tures for introduction, into interstate com- merce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (Pub. L. 85–623, § 2, Aug. 12, 1958, 72 Stat. 562.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as a note under section 1241 of this title. § 1243. Manufacture, sale, or possession within specific jurisdictions; penalty Whoever, within any Territory or possession of the United States, within Indian country (as de- fined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switch- blade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (Pub. L. 85–623, § 3, Aug. 12, 1958, 72 Stat. 562.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as a note under section 1241 of this title. § 1244. Exceptions Sections 1242 and 1243 of this title shall not apply to— (1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business; (2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces; (3) the Armed Forces or any member or em- ployee thereof acting in the performance of his duty; (4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any in- dividual who has only one arm; or (5) a knife that contains a spring, detent, or other mechanism designed to create a bias to- ward closure of the blade and that requires ex- ertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife. Page 1361 TITLE 15—COMMERCE AND TRADE § 1261 (Pub. L. 85–623, § 4, Aug. 12, 1958, 72 Stat. 562; Pub. L. 111–83, title V, § 562, Oct. 28, 2009, 123 Stat. 2183.) Editorial Notes AMENDMENTS 2009—Par. (5). Pub. L. 111–83 added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as a note under section 1241 of this title. § 1245. Ballistic knives (a) Prohibition and penalties for possession, manufacture, sale, or importation Whoever in or affecting interstate commerce, within any Territory or possession of the United States, within Indian country (as defined in sec- tion 1151 of title 18), or within the special mari- time and territorial jurisdiction of the United States (as defined in section 7 of title 18), know- ingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, or imprisoned not more than ten years, or both. (b) Prohibition and penalties for possession or use during commission of Federal crime of violence Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or impris- oned not less than five years and not more than ten years, or both. (c) Exceptions The exceptions provided in paragraphs (1), (2), and (3) of section 1244 of this title with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section. (d) ‘‘Ballistic knife’’ defined As used in this section, the term ‘‘ballistic knife’’ means a knife with a detachable blade that is propelled by a spring-operated mecha- nism. (Pub. L. 85–623, § 7, as added Pub. L. 99–570, title X, § 10002, Oct. 27, 1986, 100 Stat. 3207–167; amend- ed Pub. L. 100–690, title VI, § 6472, Nov. 18, 1988, 102 Stat. 4379.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–690, § 6472(1), substituted ‘‘in or affecting interstate commerce, within any Terri- tory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), know- ingly possesses, manufactures, sells, or imports’’ for ‘‘knowingly possesses, manufactures, sells, or im- ports’’. Subsec. (b). Pub. L. 100–690, § 6472(2), struck out ‘‘or State’’ after ‘‘Federal’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–570, title X, § 10004, Oct. 27, 1986, 100 Stat. 3207–167, provided that: ‘‘The amendments made by this title [enacting this section, amending section 1716 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 1241 of this title] shall take effect 30 days after the date of enact- ment of this title [Oct. 27, 1986].’’ CHAPTER 30—HAZARDOUS SUBSTANCES Sec. 1261. Definitions. 1262. Declaration of hazardous substances. 1263. Prohibited acts. 1264. Penalties; exceptions. 1265. Seizures. 1266. Hearing before report of criminal violation. 1267. Injunctions; criminal contempt; trial by court or jury. 1268. Proceedings in name of United States; sub- penas. 1269. Regulations. 1270. Examinations and investigations. 1271. Records of interstate shipment. 1272. Publicity; reports; dissemination of informa- tion. 1273. Imports. 1274. Remedies respecting banned hazardous sub- stances. 1275. Toxicological Advisory Board. 1276. Congressional veto of hazardous substances regulations. 1277. Labeling of art materials. 1278. Requirements for labeling certain toys and games. 1278a. Children’s products containing lead; lead paint rule. § 1261. Definitions For the purposes of this chapter— (a) The term ‘‘territory’’ means any territory or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico but excluding the Canal Zone. (b) The term ‘‘interstate commerce’’ means (1) commerce between any State or territory and any place outside thereof, and (2) commerce within the District of Columbia or within any territory not organized with a legislative body. (c) The term ‘‘Commission’’ means the Con- sumer Product Safety Commission. (d) Repealed. Pub. L. 110–314, title II, § 204(b)(4)(A), Aug. 14, 2008, 122 Stat. 3041 (e) The term ‘‘person’’ includes an individual, partnership, corporation, and association. (f) The term ‘‘hazardous substance’’ means: (1)(A) Any substance or mixture of sub- stances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal in- jury or substantial illness during or as a proxi- mate result of any customary or reasonably foreseeable handling or use, including reason- ably foreseeable ingestion by children. (B) Any substances which the Commission by regulation finds, pursuant to the provisions of section 1262(a) of this title, meet the re- quirements of subparagraph (1)(A) of this para- graph. (C) Any radioactive substance, if, with re- spect to such substance as used in a particular class of article or as packaged, the Commis- sion determines by regulation that the sub- stance is sufficiently hazardous to require la-