§ 1194. Administration and enforcement

Footnotes

1. 1 So in original. The word “and” probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1953

   Pub. L. 83–164 § 5 · 67 Stat. 240

   Enacted · 15 U.S.C. § 1194

   June 30, 1953, ch. 164, § 5, 67 Stat. 112

   Source evidence

   Code source credit
   June 30, 1953, ch. 164, § 5, 67 Stat. 112

   Enacted provision · exact public law section
   Sec. 5. Section 10 (b) (5) (B) of the Atomic Energy Act of 1046, as amended, is amended by adding the following subsection: “(vi) Notwithstanding the provisions of sections 10 (b) (5) (B) (i) and (ii) above, a majority of the members of the Commission shall certify those specific positions which are of a high degree of importance or sensitivity and upon such certification the investigation and reports required by such provisions shall he made by the Federal Bureau of Investigation rather than by the Civil Service Commission.”

2. 1967

   Pub. L. 90–189 § 4(a) · 81 Stat. 568

   1. Inserted · 15 U.S.C. § 1194(c)

      Pub. L. 90–189, § 4(a), inserted “, including provisions for maintenance of records relating to fabrics, related materials, and products,” after “rules and regulations”

   2. Inserted · 15 U.S.C. § 1194(c)

      Pub. L. 90–189, § 4(a), inserted sentence making violations of such rules and regulations unlawful and an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 90–189, § 4(a), inserted “, including provisions for maintenance of records relating to fabrics, related materials, and products,” after “rules and regulations” and inserted sentence making violations of such rules and regulations unlawful and an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act.

   Enacted provision · exact public law section
   (a) Subsection (c) of section 5 of the Flammable Fabrics Act is amended to read as follows: “(c) The Commission is authorized and directed to prescribe such rules and regulations, including provisions for maintenance of records Records. relating to fabrics, related materials, and products, as may be necessary and proper for administration and enforcement of this Act. The violation of such rules and regulations shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act.” 38 Stat. 717. 15 USC 58. 67 Stat. 113. 15 USC 1194.

3. 1967

   Pub. L. 90–189 § 4(b) · 81 Stat. 568

   Substituted · 15 U.S.C. § 1194(d)(1)

   Pub. L. 90–189, § 4(b), substituted “product, fabric or related material” for “article of wearing apparel or fabric”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 90–189, § 4(b), substituted “product, fabric or related material” for “article of wearing apparel or fabric”.

   Enacted provision · exact public law section
   (b) Subsection (d) of section 5 of the Act is amended by substituting “product,” for “article of wearing apparel or” and by inserting “or related material” immediately after “fabric” in paragraph (1) thereof; and by striking out “, Territory, or possession or with the District of Columbia” and inserting in lieu thereof “or territory or with the District of Columbia or the Commonwealth of Puerto Rico” in paragraph (2) thereof.

4. 1967

   Pub. L. 90–189 § 4(b) · 81 Stat. 568

   Substituted · 15 U.S.C. § 1194(d)(2)

   Pub. L. 90–189, § 4(b), substituted “or territory or with the District of Columbia or the Commonwealth of Puerto Rico” for “, Territory, or possession or with the District of Columbia”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 90–189, § 4(b), substituted “or territory or with the District of Columbia or the Commonwealth of Puerto Rico” for “, Territory, or possession or with the District of Columbia”.

   Enacted provision · exact public law section
   (b) Subsection (d) of section 5 of the Act is amended by substituting “product,” for “article of wearing apparel or” and by inserting “or related material” immediately after “fabric” in paragraph (1) thereof; and by striking out “, Territory, or possession or with the District of Columbia” and inserting in lieu thereof “or territory or with the District of Columbia or the Commonwealth of Puerto Rico” in paragraph (2) thereof.

5. 1990

   Consumer Product Safety Improvement Act of 1990

   Pub. L. 101–608 § 118(b) · 104 Stat. 3110

   Inserted · 15 U.S.C. § 1194(a)

   Pub. L. 101–608, § 118(b), inserted at end “In the case of an attorney general of a State alleging a violation of a standard or regulation under section 1193 of this title that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of section 2073 of this title shall apply to any such action.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–608, § 118(b), inserted at end “In the case of an attorney general of a State alleging a violation of a standard or regulation under section 1193 of this title that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of section 2073 of this title shall apply to any such action.”

   Enacted provision · exact public law section
   (b) Flammable Fabrics Act.— Section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(a)) is amended by adding at the end the following: “In the case of an attorney general of a State alleging a violation of a standard or regulation under section 4 that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of section 24 of the Consumer Product Safety Act shall apply to any such action.”.

6. 1990

   Consumer Product Safety Improvement Act of 1990

   Pub. L. 101–608 § 115(c) · 104 Stat. 3110

   Added · 15 U.S.C. § 1194(e)

   Pub. L. 101–608, § 115(c), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–608, § 115(c), added subsec. (e).

   Enacted provision · exact public law section
   (c) Flammable Fabrics Act.— Section 5 of the Flammable Fabrics 15 USC 1194. Act (15 U.S.C. 1264) is amended by adding at the end the following: “(e) (1) Any person who knowingly violates a regulation or standard under section 4 shall be subject to a civil penalty not to exceed $5,000 for each such violation, except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations. “(2) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of a regulation or standard under section 4, the Commission shall consider the nature and number of the violations, the severity of the risk of injury, the occurrence or absence of injury, and the appropriateness of such penalty in relation to the size of the business of the person charged. “(3) Any civil penalty under this subsection may be compromised by the Commission. In determining the amount of such penalty or whether it should be remitted or mitigated, and in what amount, the Commission shall consider the nature and number of the violations, the appropriateness of such penalty to the size of the business of the persons charged, the severity of the risk of injury, and the occurrence or absence of injury. 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. “(4) As used in paragraph (1), the term ‘knowingly’ means (A) having actual knowledge, or (B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations. “(5) (A) The maximum penalty amounts authorized in paragraph (1) shall be adjusted for inflation as provided in this paragraph. “(B) Not later than December 1, 1994, and December 1 of each fifth calendar year thereafter, the Commission shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication. “(C) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts referred to in paragraph (1) by the cost-of-living adjustment for the preceding five years. Any increase determined under the preceding sentence shall be rounded to— “(i) in the case of penalties greater than $1,000 but less than or equal to $10,000, the nearest multiple of $1,000; “(ii) in the case of penalties greater than $10,000 but less than or equal to $100,000, the nearest multiple of $5,000; “(iii) in the case of penalties greater than $100,000 but less than or equal to $200,000, the nearest multiple of $10,000; and “(iv) in the case of penalties greater than $200,000, the nearest multiple of $25,000. “(D) For purposes of this subsection: “(i) The term ‘Consumer Price Index’ means the Consumer Price Index for all-urban consumers published by the Department of Labor. “(ii) The term ‘cost-of-living adjustment for the preceding five years’ means the percentage by which— “(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds “(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.”.

7. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 § 217(a)(3)(A) · 122 Stat. 3016

   1. Substituted · 15 U.S.C. § 1194(e)(1)

      Pub. L. 110–314, § 217(a)(3)(A), (B), substituted “$100,000” for “$5,000”

   2. Substituted · 15 U.S.C. § 1194(e)(1)

      Pub. L. 110–314, § 217(a)(3)(A), (B), substituted “$15,000,000” for “$1,250,000”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 110–314, § 217(a)(3)(A), (B), substituted “$100,000” for “$5,000” and “$15,000,000” for “$1,250,000”.

   Enacted provision · exact public law section
   (A) by striking “$5,000” in paragraph (1) and inserting “$100,000”;

   Effective date note
   Pub. L. 110–314, title II, § 217(a)(4), Aug. 14, 2008, 122 Stat. 3058, provided that: “The amendments made by this subsection [amending this section and sections 1264 and 2069 of this title] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) [set out as a note under section 2069 of this title] or 1 year after the date of enactment of this Act [Aug. 14, 2008].”

8. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 § 217(b)(1)(C)(i) · 122 Stat. 3016

   1. Substituted · 15 U.S.C. § 1194(e)(2)

      Pub. L. 110–314, § 217(b)(1)(C)(i), substituted “nature, circumstances, extent, and gravity” for “nature and number”

   2. Substituted · 15 U.S.C. § 1194(e)(2)

      Pub. L. 110–314, § 217(b)(1)(C)(i), substituted “absence of injury,” for “absence of injury, and”

   3. Inserted · 15 U.S.C. § 1194(e)(2)

      Pub. L. 110–314, § 217(b)(1)(C)(i), inserted “, and such other factors as appropriate” before period at end

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 110–314, § 217(b)(1)(C)(i), substituted “nature, circumstances, extent, and gravity” for “nature and number” and “absence of injury,” for “absence of injury, and” and inserted “, and such other factors as appropriate” before period at end.

   Enacted provision · exact public law section
   (i) in paragraph (2)— (I) by striking “nature and number” and inserting “nature, circumstances, extent, and gravity”; (II) by striking “absence of injury, and” and inserting “absence of injury,”; and (III) by inserting “, and such other factors as appropriate” before the period; and

   Effective date note
   Pub. L. 110–314, title II, § 217(a)(4), Aug. 14, 2008, 122 Stat. 3058, provided that: “The amendments made by this subsection [amending this section and sections 1264 and 2069 of this title] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) [set out as a note under section 2069 of this title] or 1 year after the date of enactment of this Act [Aug. 14, 2008].”

9. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 § 217(b)(1)(C)(ii)(III) · 122 Stat. 3016

   Changed · 15 U.S.C. § 1194(e)(3)

   Pub. L. 110–314, § 217(b)(1)(C)(ii)(III), which directed insertion of “, and such other factors as appropriate” before the period, was executed by making the insertion before period at end of second sentence, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 110–314, § 217(b)(1)(C)(ii)(III), which directed insertion of “, and such other factors as appropriate” before the period, was executed by making the insertion before period at end of second sentence, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (III) by inserting “, and such other factors as appropriate” before the period.

   Effective date note
   Pub. L. 110–314, title II, § 217(a)(4), Aug. 14, 2008, 122 Stat. 3058, provided that: “The amendments made by this subsection [amending this section and sections 1264 and 2069 of this title] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) [set out as a note under section 2069 of this title] or 1 year after the date of enactment of this Act [Aug. 14, 2008].”

10. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 217(b)(1)(C)(ii)(II) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1194(e)(3)

    Pub. L. 110–314, § 217(b)(1)(C)(ii)(II), which directed the substitution of “absence of injury,” for “absence of injury, and”, could not be executed because “absence of injury, and” did not appear in par. (3)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–314, § 217(b)(1)(C)(ii)(II), which directed the substitution of “absence of injury,” for “absence of injury, and”, could not be executed because “absence of injury, and” did not appear in par. (3).

    Enacted provision · exact public law section
    (II) by striking “absence of injury, and” and inserting “absence of injury,”; and

    Effective date note
    Pub. L. 110–314, title II, § 217(a)(4), Aug. 14, 2008, 122 Stat. 3058, provided that: “The amendments made by this subsection [amending this section and sections 1264 and 2069 of this title] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) [set out as a note under section 2069 of this title] or 1 year after the date of enactment of this Act [Aug. 14, 2008].”

11. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 217(b)(1)(C)(ii)(I) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1194(e)(3)

    Pub. L. 110–314, § 217(b)(1)(C)(ii)(I), substituted “nature, circumstances, extent, and gravity” for “nature and number”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–314, § 217(b)(1)(C)(ii)(I), substituted “nature, circumstances, extent, and gravity” for “nature and number”.

    Enacted provision · exact public law section
    (I) by striking “nature and number” and inserting “nature, circumstances, extent, and gravity”;

    Effective date note
    Pub. L. 110–314, title II, § 217(a)(4), Aug. 14, 2008, 122 Stat. 3058, provided that: “The amendments made by this subsection [amending this section and sections 1264 and 2069 of this title] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) [set out as a note under section 2069 of this title] or 1 year after the date of enactment of this Act [Aug. 14, 2008].”

12. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 217(a)(3)(C) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1194(e)(5)(B)

    Pub. L. 110–314, § 217(a)(3)(C), which directed the substitution of “December 1, 2011,” for “December 1, 1994,” in par. (6)(B) of subsec. (e)(1), was executed by making the substitution in par. (5)(B) of subsec. (e) to reflect the probable intent of Congress because subsec. (e) does not contain a par. (6)

    Source evidence

    Code amendment note
    Subsec. (e)(5)(B). Pub. L. 110–314, § 217(a)(3)(C), which directed the substitution of “December 1, 2011,” for “December 1, 1994,” in par. (6)(B) of subsec. (e)(1), was executed by making the substitution in par. (5)(B) of subsec. (e) to reflect the probable intent of Congress because subsec. (e) does not contain a par. (6).

    Enacted provision · exact public law section
    (C) by striking “December 1, 1994,” in paragraph (6)(B) and inserting “December 1, 2011,”.

    Effective date note
    Pub. L. 110–314, title II, § 217(a)(4), Aug. 14, 2008, 122 Stat. 3058, provided that: “The amendments made by this subsection [amending this section and sections 1264 and 2069 of this title] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) [set out as a note under section 2069 of this title] or 1 year after the date of enactment of this Act [Aug. 14, 2008].”

16 of 16 references resolved to an enrolled provision