15 U.S.C. § 1459 — Definitions

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- Page 1415 TITLE 15—COMMERCE AND TRADE § 1460 1 See References in Text note below. metic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]), and any other article, product, or com- modity of any kind or class which is custom- arily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individ- uals for purposes of personal care or in the per- formance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include— (1) any meat or meat product, poultry or poultry product, or tobacco or tobacco prod- uct; (2) any commodity subject to packaging or labeling requirements imposed by the Sec- retary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], or the provisions of the eighth paragraph under the heading ‘‘Bureau of Animal Industry’’ of the Act of March 4, 1913 (37 Stat. 832–833; 21 U.S.C. 151–157),1 com- monly known as the Virus-Serum-Toxin Act; (3) any drug subject to the provisions of sec- tion 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1) and 356); (4) any beverage subject to or complying with packaging or labeling requirements im- posed under the Federal Alcohol Administra- tion Act (27 U.S.C. 201 et seq.); or (5) any commodity subject to the provisions of the Federal Seed Act (7 U.S.C. 1551–1610).1 (b) The term ‘‘package’’ means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include— (1) shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufac- turers, packers, or processors, or to wholesale or retail distributors thereof; (2) shipping containers or outer wrappings used by retailers to ship or deliver any com- modity to retail customers if such containers and wrappings bear no printed matter per- taining to any particular commodity; or (3) containers subject to the provisions of the Act of August 3, 1912 (37 Stat. 250, as amended; 15 U.S.C. 231–233), or the Act of March 4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234–236). (c) The term ‘‘label’’ means any written, print- ed, or graphic matter affixed to any consumer commodity or affixed to or appearing upon a package containing any consumer commodity. (d) The term ‘‘person’’ includes any firm, cor- poration, or association. (e) The term ‘‘commerce’’ means (1) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, and any place outside thereof, and (2) commerce within the District of Columbia or within any territory or possession of the United States not organized with a legislative body, but shall not include ex- ports to foreign countries. (f) The term ‘‘principal display panel’’ means that part of a label that is most likely to be dis- played, presented, shown, or examined under normal and customary conditions of display for retail sale. (Pub. L. 89–755, § 10, Nov. 3, 1966, 80 Stat. 1301; Pub. L. 90–628, § 2, Oct. 22, 1968, 82 Stat. 1320.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (a)(2), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to sub- chapter II (§ 136 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. The Virus-Serum-Toxin Act, referred to in subsec. (a)(2), is the eighth paragraph under the heading ‘‘Bu- reau of Animal Industry’’ of act Mar. 4, 1913, ch. 145, 37 Stat. 832, which is classified generally to chapter 5 (§ 151 et seq.) of Title 21, Food and Drugs. For complete clas- sification of this Act to the Code, see Short Title note set out under section 151 of Title 21 and Tables. The Federal Alcohol Administration Act, referred to in subsec. (a)(4), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, which is classified generally to chapter 8 (§ 201 et seq.) of Title 27, Intoxicating Liquors. For complete classi- fication of this Act to the Code, see section 201 of Title 27 and Tables. The Federal Seed Act, referred to in subsec. (a)(5), is act Aug. 9, 1939, ch. 615, 53 Stat. 1275, which is classified generally to chapter 37 (§ 1551 et seq.) of Title 7, Agri- culture. For complete classification of this Act to the Code, see section 1551 of Title 7 and Tables. AMENDMENTS 1968—Subsec. (b)(3). Pub. L. 90–628 struck out ref- erence to the Act of August 31, 1916, and the Act of May 21, 1928. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–628 effective 60 days after Oct. 22, 1968, see section 3 of Pub. L. 90–628, set out as a note under section 251 of this title. § 1460. Savings provisions Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede— (a) the Federal Trade Commission Act [15 U.S.C. 41 et seq.] or any statute defined there- in as an antitrust Act; (b) the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; or (c) the Federal Hazardous Substances Label- ing Act [15 U.S.C. 1261 et seq.]. (Pub. L. 89–755, § 11, Nov. 3, 1966, 80 Stat. 1302.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of