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15 U.S.C. § 1263Prohibited acts

submitted 66 years ago by Pub. L. 86-613 to r/title-15-COMMERCE-AND-TRADE · 548 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists acts involving hazardous substances that are prohibited. It covers misbranded or banned substances, protected trade-secret information, inspection and order violations, exports, and certain lead solder.

The following acts, and causing them, are prohibited: (a) Introducing, or delivering for introduction into interstate commerce, a misbranded hazardous substance or banned hazardous substance. (b) Altering, mutilating, destroying, covering up, or removing all or part of a hazardous-substance label, or doing another act involving the substance while it is in interstate commerce or held for sale after interstate shipment, if the act makes the substance misbranded or banned. (c) Receiving a misbranded or banned hazardous substance in interstate commerce and then delivering or offering to deliver it, for payment or otherwise. (d) Giving a false guarantee or undertaking mentioned in section 1264(b)(2), unless the person relied in good faith on an equivalent guarantee signed by, and naming and giving the address of, the United States resident from whom the substance was received. (e) Failing to allow entry or inspection authorized by section 1270(b), or access to and copying of records authorized by section 1271. (f) Introducing, delivering for introduction, receiving, and then delivering or offering to deliver for payment or otherwise, a hazardous substance in a reused food, drug, or cosmetic container, or in a container identifiable as one of those containers by its label or other identification. Reusing such a container for a hazardous substance is treated as making the substance misbranded. “Food,” “drug,” and “cosmetic” have the meanings given in the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; this section does not otherwise define them. (g) Manufacturing a misbranded or banned hazardous substance in the District of Columbia or in a territory without an organized legislative body. (h) Using for one’s own advantage, or revealing to anyone other than the Commission, its officers or employees, or a court when relevant in a proceeding under this chapter, information obtained under section 1270 about a process or method that is a protected trade secret. (i) Failing to notify the Commission about exports as required by section 1273(d). (j) Failing to obey an order issued under section 1274. (k) Introducing or delivering for introduction into interstate commerce lead solder containing more than 0.2 percent lead without a prominent warning label stating the lead content and warning that using it to make joints or fittings in a private or public drinking-water system is prohibited.
the actual law source: uscode.house.gov ↗public domain

The following acts and the causing thereof are prohibited:

(a)

The introduction or delivery for introduction into interstate commerce of any misbranded hazardous substance or banned hazardous substance.

(b)

The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while the substance is in interstate commerce, or while the substance is held for sale (whether or not the first sale) after shipment in interstate commerce, and results in the hazardous substance being a misbranded hazardous substance or banned hazardous substance.

(c)

The receipt in interstate commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise.

(d)

The giving of a guarantee or undertaking referred to in section 1264(b)(2) of this title which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance.

(e)

The failure to permit entry or inspection as authorized by section 1270(b) of this title or to permit access to and copying of any record as authorized by section 1271 of this title.

(f)

The introduction or delivery for introduction into interstate commerce, or the receipt in interstate commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug, or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this paragraph, the terms “food”, “drug”, and “cosmetic” shall have the same meanings as in the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].

(g)

The manufacture of a misbranded hazardous substance or banned hazardous substance within the District of Columbia or within any territory not organized with a legislative body.

(h)

The use by any person to his own advantage, or revealing other than to the Commission or officers or employees of the Commission, or to the courts when relevant in any judicial proceeding under this chapter, of any information acquired under authority of section 1270 of this title concerning any method of process which as a trade secret is entitled to protection.

(i)

The failure to notify the Commission with respect to exports, pursuant to section 1273(d) of this title.

(j)

The failure to comply with an order issued under section 1274 of this title.

(k)

The introduction or delivery for introduction into interstate commerce of any lead solder which has a lead content in excess of 0.2 percent which does not prominently display a warning label stating the lead content of the solder and warning that the use of such solder in the making of joints or fittings in any private or public potable water supply system is prohibited.

Source credit: (Pub. L. 86–613, § 4, July 12, 1960, 74 Stat. 375; Pub. L. 89–756, §§ 2(f), 3(b), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L. 95–631, § 7(a), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97–35, title XII, § 1211(f)(2), Aug. 13, 1981, 95 Stat. 723; Pub. L. 99–339, title I, § 109(d)(2), June 19, 1986, 100 Stat. 653; Pub. L. 110–314, title II, § 204(b)(4)(B), (C), (H), Aug. 14, 2008, 122 Stat. 3041, 3042.)

history & why it existsrecord from the source credit
  • 1960Enacted · Pub. L. 86-613 · 74 Stat. 375
  • 1966Amended · Pub. L. 89-756 · 80 Stat. 1304, 1305
  • 1978Amended · Pub. L. 95-631 · 92 Stat. 3745
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 723
  • 1986Amended · Pub. L. 99-339 · 100 Stat. 653
  • 2008Amended · Pub. L. 110-314 · 122 Stat. 3041, 3042

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-613 on 1960-07-12.

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