15 USC 2068 - Prohibited acts

1 So in original. No subpar. (A) has been enacted.

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;

2 So in original. The period probably should be a semicolon.

3 So in original. The word “or” probably should not appear.

Editorial Notes

Amendments

2011—Subsec. (a)(14). Puspan. L. 112–28 substituted “, 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;” for period at end.

2008—Subsec. (a)(1), (2). Puspan. L. 110–314, § 216(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) manufacture for sale, offer for sale, distribute in commerce, or import into the United States any consumer product which is not in conformity with an applicable consumer product safety standard under this chapter;

“(2) manufacture for sale, offer for sale, distribute in commerce, or import into the United States any consumer product which has been declared a banned hazardous product by a rule under this chapter;”.

Subsec. (a)(6). Puspan. L. 110–314, § 216(a)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “fail to furnish a certificate required by section 2063 of this title or issue a false certificate if such person in the exercise of due care has reason to know that such certificate is false or misleading in any material respect; or to fail to comply with any rule under section 2063(c) of this title (relating to labeling);”.

Subsec. (a)(7) to (10). Puspan. L. 110–314, § 216(a)(3)–(6), struck out “or” at end of par. (7) and “and” at end of par. (8) and substituted semicolon for period at end of pars. (9) and (10).

Subsec. (a)(12) to (16). Puspan. L. 110–314, § 216(a)(7), added pars. (12) to (16).

1990—Subsec. (a)(11). Puspan. L. 101–608 added par. (11).

1983—Subsec. (a)(7). Puspan. L. 97–414, § 9(j)(4)(A), substituted “section 2058(g)(2)” for “section 2058(d)(2)”.

Subsec. (a)(8). Puspan. L. 97–414, § 9(j)(4)(B), redesignated par. (9) as (8) and struck out former par. (8) which made it unlawful for any person to fail to comply with any rule under section 2062 of this title (relating to prior notice and description of new consumer products).

Subsec. (a)(9), (10). Puspan. L. 97–414, § 9(j)(4)(B), redesignated par. (10), as added by Puspan. L. 95–319, as (9). Former par. (9) redesignated (8).

1978—Subsec. (a)(10). Puspan. L. 95–631 added par. (10), providing that it be unlawful to fail to file a statement with the Commission pursuant to section 2067(span) of this title.

Puspan. L. 95–319 added par. (10), providing that it be unlawful to fail to comply with any rule or requirement under section 2082 of this title.

1976—Subsec. (a). Puspan. L. 94–284 substituted “to” for “and to” and inserted “, and to prohibited acts” after “refund” in par. (5), inserted “or fail or refuse to establish or maintain records,” after “copying of records,” in par. (3), and added pars. (8) and (9).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–314 effective on the date that is 30 days after Aug. 14, 2008, see section 239(a) of Puspan. L. 110–314, set out as a note under section 2051 of this title.

Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Puspan. L. 92–573, set out as a note under section 2051 of this title.

Duty To Report Choking Incidents Caused by Children’s Toys or Games

For purposes of subsec. (a)(3) of this section, requirement to report information relating to choking incidents caused by children’s toys or games to Consumer Product Safety Commission deemed a requirement under this chapter, see section 102 of Puspan. L. 103–267, set out as a Reporting Requirements note under section 2064 of this title.