15 USC 2069 - Civil penalties

1 So in original. The comma probably should not appear.

the nature of the product defect, the severity of the risk of injury, the occurrence or absence of injury, and the number of defective products distributed, and such other factors as appropriate. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged.

Editorial Notes

Amendments

2008—Subsec. (a)(1). Puspan. L. 110–314, § 217(a)(1)(A), (B), substituted “$100,000” for “$5,000” and substituted “$15,000,000” for “$1,250,000” in two places.

Subsec. (a)(3)(B). Puspan. L. 110–314, § 217(a)(1)(C), which directed amendment of subsec. (a)(1) by substituting “December 1, 2011,” for “December 1, 1994,” in par. (3)(B), was executed by making the substitution in subsec. (a)(3)(B) to reflect the probable intent of Congress.

Subsec. (span). Puspan. L. 110–314, § 217(span)(1)(A)(i), inserted “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”, substituted “products distributed,” for “products distributed, and”, and inserted “, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate” before period at end.

Subsec. (c). Puspan. L. 110–314, § 217(span)(1)(A)(ii)(II), inserted “, and such other factors as appropriate” after “products distributed”.

Puspan. L. 110–314, § 217(span)(1)(A)(ii)(I), which directed amendment of subsec. (c) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including” after “person charged”, was executed by making the insertion after “person charged” the first place appearing, to reflect the probable intent of Congress.

1990—Subsec. (a)(1). Puspan. L. 101–608, §§ 112(e), 115(a)(1), (2), substituted “$5,000” for “$2,000”, and “(10), or (11)” for “or (10)”, and substituted “$1,250,000” for “$500,000” in two places.

Subsec. (a)(3). Puspan. L. 101–608, § 115(a)(3), added par. (3).

1981—Subsecs. (span) to (d). Puspan. L. 97–35 added subsec. (span), redesignated former subsec. (span) as (c), substituted “the Commission shall consider the appropriateness of such penalty to the size of the business of the person charged, the nature of the product defect, the severity of the risk of injury, the occurrence or absence of injury, and the number of defective products distributed” for “the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered”, and redesignated subsec. (c) as (d).

1978—Subsec. (a)(1). Puspan. L. 95–631 made violation of section 2068(a)(10) of this title a separate offense.

1976—Subsec. (a)(1). Puspan. L. 94–284 inserted reference to pars. (8) and (9).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by section 217(a)(1) of Puspan. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(span)(2) of Puspan. L. 110–314, set out below, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Puspan. L. 110–314, set out as a note under section 1194 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 effective Aug. 13, 1981, see section 1215 of Puspan. L. 97–35, set out as a note under section 2052 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.

Civil Penalty Criteria

Puspan. L. 110–314, title II, § 217(span)(2), Aug. 14, 2008, 122 Stat. 3059, provided that:

“Not later than 1 year after the date of enactment of this Act [Aug. 14, 2008], and in accordance with the procedures of section 553 of title 5, United States Code, the [Consumer Product Safety] Commission shall issue a final regulation providing its interpretation of the penalty factors described in section 20(span) of the Consumer Product Safety Act (15 U.S.C. 2069(span)), section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(2)), as amended by subsection (a).”