15 U.S.C. § 2068 — Prohibited acts
submitted 54 years ago by Pub. L. 92-573 to r/title-15-COMMERCE-AND-TRADE · 845 words · no verdicts yet
The section identifies acts that are unlawful under consumer-product laws, including dealing in noncompliant or restricted products, refusing required inspections or information, and violating Commission requirements. It provides limited exceptions for certain certificate holders and good-faith reliance on a manufacturer or distributor.
(a) Designation. It is unlawful for a person to: (1) sell, offer for sale, make for sale, distribute in commerce*, or import* into the United States a consumer product*, or other product or substance regulated under this chapter or another Act enforced by the Commission*, that does not comply with an applicable safety rule, or similar rule, regulation, standard, or ban under another Act enforced by the Commission; (2) do any of those things with a product that is (B) subject to voluntary corrective action by its manufacturer*, taken with the Commission, when the Commission has notified the public or the seller, distributor*, or manufacturer knew or should have known about it; (C) subject to an order under section 2061 or 2064; or (D) a banned hazardous substance under section 1261(q)(1) of this title; (3) refuse access to or copying of records, refuse to create or keep records, refuse to make reports or provide information, or refuse entry or inspection required by this chapter or its rules; (4) fail to give information required by section 2064(b); (5) fail to obey an order under section 2064(c) or (d), concerning notification, repair, replacement, refund, or prohibited acts; (6) fail to provide a required certificate, issue a false certificate while knowing or having reason to know through due care that it is materially false or misleading, or fail to meet section 2063 requirements, including tracking labels, or its rules; (7) fail to comply with a rule under section 2058(g)(2) concerning stockpiling; (8) fail to comply with a rule under section 2076(e) concerning performance and technical data; (9) fail to comply with a rule or requirement under section 2082 concerning cellulose-insulation labeling and testing; (10) fail to file a statement under section 2067(b); (11) fail to provide information required by section 2084; (12) sell, offer for sale, distribute in commerce, or import a product bearing a registered safety-certification mark owned by an accredited conformity-assessment body when the person knew or should have known the mark was used without the owner’s permission; (13) misrepresent to a Commission officer or employee which products are covered by an action under section 2061 or 2064, or materially misrepresent anything during an investigation under this chapter or another Act enforced by the Commission; (14) improperly influence or try to influence a third-party conformity-assessment body concerning testing or reporting test results for compliance, or divide children’s-product production into small quantities to evade third-party testing under section 2063(a)(2); (15) export for sale a Commission-regulated product, other than one whose export the Treasury Secretary permits under section 2066(e), that (A) is subject to an order under section 2061 or 2064 or is a banned hazardous substance under section 1261(q)(1), or (B) is subject to publicized voluntary corrective action by its manufacturer taken with the Commission; or (16) violate a Commission order under section 2067(c). (b) Exception. Paragraphs (1) and (2) of subsection (a) do not apply to a person (1) holding a section 2063(a) certificate stating that the product complies with all applicable safety rules, unless the person knows it does not comply, or (2) who in good faith relies on the manufacturer’s or distributor’s statement that the product is not subject to an applicable safety rule.
It shall be unlawful for any person to—
sell, offer for sale, manufacture for sale, distribute in commerce*, or import* into the United States any consumer product*, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission*, that is not in conformity with an applicable consumer product safety rule* under this chapter, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission;
sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is—
1 subject to voluntary corrective action taken by the manufacturer*, in consultation with the Commission, of which action the Commission has notified the public or if the seller, distributor*, or manufacturer knew or should have known of such voluntary corrective action;
subject to an order issued under section 2061 or 2064 of this title; or
a banned hazardous substance within the meaning of section 1261(q)(1) of this title;
fail or refuse to permit access to or copying of records, or fail or refuse to establish or maintain records, or fail or refuse to make reports or provide information, or fail or refuse to permit entry or inspection, as required under this chapter or rule thereunder;
fail to furnish information required by section 2064(b) of this title;
fail to comply with an order issued under section 2064(c) or (d) of this title (relating to notification, to repair, replacement, and refund, and to prohibited acts);
fail to furnish a certificate required by this chapter or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any requirement of section 2063 of this title (including the requirement for tracking labels) or any rule or regulation under such section;
fail to comply with any rule under section 2058(g)(2) of this title (relating to stockpiling);
fail to comply with any rule under section 2076(e) of this title (relating to provision of performance and technical data);
fail to comply with any rule or requirement under section 2082 of this title (relating to labeling and testing of cellulose insulation);
fail to file a statement with the Commission pursuant to section 2067(b) of this title;
fail to furnish information required by section 2084 of this title.2
sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark;
misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 2061 or 2064 of this title, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this chapter or any other Act enforced by the Commission; or 3
exercise, or attempt to exercise, undue influence on a third party conformity assessment body (as defined in section 2063(f)(2) of this title) with respect to the testing, or reporting of the results of testing, of any product for compliance under this chapter or any other Act enforced by the Commission, or to subdivide the production of any children’s product* into small quantities that have the effect of evading any third party testing requirements under section 2063(a)(2) of this title;
export from the United States for purpose of sale any consumer product, or other product or substance regulated by the Commission (other than a consumer product or substance, the export of which is permitted by the Secretary of the Treasury pursuant to section 2066(e) of this title) that—
is subject to an order issued under section 2061 or 2064 of this title or is a banned hazardous substance within the meaning of section 1261(q)(1) of this title; or
is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public; or
violate an order of the Commission issued under section 2067(c) of this title.
Paragraphs (1) and (2) of subsection (a) of this section shall not apply to any person (1) who holds a certificate issued in accordance with section 2063(a) of this title to the effect that such consumer product conforms to all applicable consumer product safety rules, unless such person knows that such consumer product does not conform, or (2) who relies in good faith on the representation of the manufacturer or a distributor of such product that the product is not subject to an applicable product safety rule.
Source credit: (Pub. L. 92–573, § 19, Oct. 27, 1972, 86 Stat. 1224; Pub. L. 94–284, §§ 12(b), 13(a), May 11, 1976, 90 Stat. 508, 509; Pub. L. 95–319, § 3(b), July 11, 1978, 92 Stat. 390; Pub. L. 95–631, § 6(b), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97–414, § 9(j)(4), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 101–608, title I, § 112(d), Nov. 16, 1990, 104 Stat. 3117; Pub. L. 110–314, title II, § 216(a), Aug. 14, 2008, 122 Stat. 3056; Pub. L. 112–28, § 2(b), Aug. 12, 2011, 125 Stat. 279.)
- 1972Enacted · Pub. L. 92-573 · 86 Stat. 1224
- 1976Amended · Pub. L. 94-284 · 90 Stat. 508, 509
- 1978Amended · Pub. L. 95-319 · 92 Stat. 390
- 1978Amended · Pub. L. 95-631 · 92 Stat. 3745
- 1983Amended · Pub. L. 97-414 · 96 Stat. 2064
- 1990Amended · Pub. L. 101-608 · 104 Stat. 3117
- 2008Amended · Pub. L. 110-314 · 122 Stat. 3056
- 2011Amended · Pub. L. 112-28 · 125 Stat. 279
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-573 on 1972-10-27.
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