§ 1263. Prohibited acts

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. 1960

   Federal Hazardous Substances Labeling Act

   Pub. L. 86–613 § 4 · 74 Stat. 372

   Enacted · 15 U.S.C. § 1263

   Pub. L. 86–613, § 4, July 12, 1960, 74 Stat. 375

   Source evidence

   Code source credit
   Pub. L. 86–613, § 4, July 12, 1960, 74 Stat. 375

   Enacted provision · exact public law section
   Sec. 4. prohibited acts The following acts and the causing thereof are hereby prohibited: (a) The introduction or delivery for introduction into interstate commerce of any misbranded package of a 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 in a misbranded package. (c) The receipt in interstate commerce of any misbranded package of a 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 5(b)(2) 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 11(b) or to permit access to and copying of any record as authorized by section 12. (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 in a misbranded package. 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 USC 301. (g) The manufacture of a misbranded package of a 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 Secretary or officers or employees of the Depart-ment, or to the courts when relevant in any judicial proceeding under this Act, of any information acquired under authority of section 11 concerning any method of process which as a trade secret is entitled to protection.

2. 1966

   Child Protection Act of 1966

   Pub. L. 89–756 · 80 Stat. 1303

   Substituted · 15 U.S.C. § 1263(a)

   Pub. L. 89–756, §§ 2(f)(1), 3(b), substituted “misbranded hazardous substance or banned hazardous substance” for “misbranded package of a hazardous substance”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–756, §§ 2(f)(1), 3(b), substituted “misbranded hazardous substance or banned hazardous substance” for “misbranded package of a hazardous substance”.

3. 1966

   Child Protection Act of 1966

   Pub. L. 89–756 · 80 Stat. 1303

   Substituted · 15 U.S.C. § 1263(b)

   Pub. L. 89–756, §§ 2(f)(2), 3(b), substituted “being a misbranded hazardous substance or banned hazardous substance” for “being in a misbranded package”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–756, §§ 2(f)(2), 3(b), substituted “being a misbranded hazardous substance or banned hazardous substance” for “being in a misbranded package”.

4. 1966

   Child Protection Act of 1966

   Pub. L. 89–756 · 80 Stat. 1303

   Substituted · 15 U.S.C. § 1263(c)

   Pub. L. 89–756, §§ 2(f)(1), 3(b), substituted “misbranded hazardous substance or banned hazardous substance” for “misbranded package of a hazardous substance”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 89–756, §§ 2(f)(1), 3(b), substituted “misbranded hazardous substance or banned hazardous substance” for “misbranded package of a hazardous substance”.

5. 1966

   Child Protection Act of 1966

   Pub. L. 89–756 § 2(f)(2) · 80 Stat. 1303

   Substituted · 15 U.S.C. § 1263(f)

   Pub. L. 89–756, § 2(f)(2), substituted “being a misbranded hazardous substance” for “being in a misbranded package”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 89–756, § 2(f)(2), substituted “being a misbranded hazardous substance” for “being in a misbranded package”.

   Enacted provision · exact public law section
   (2) Paragraphs (b) and (f) of such section are each amended by striking out “being in a misbranded package” and inserting in lieu thereof “being a misbranded hazardous substance”.

6. 1966

   Child Protection Act of 1966

   Pub. L. 89–756 · 80 Stat. 1303

   Substituted · 15 U.S.C. § 1263(g)

   Pub. L. 89–756, §§ 2(f)(1), 3(b), substituted “misbranded hazardous substance or banned hazardous substance” for “misbranded package of a hazardous substance”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 89–756, §§ 2(f)(1), 3(b), substituted “misbranded hazardous substance or banned hazardous substance” for “misbranded package of a hazardous substance”.

7. 1978

   Pub. L. 95–631 § 7(a) · 92 Stat. 3742

   Added · 15 U.S.C. § 1263(i)

   Pub. L. 95–631 added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 95–631 added subsec. (i).

   Enacted provision · exact public law section
   (a) Section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) is amended by adding at the end the following new subsection: “(i) The failure to notify the Consumer Product Safety Commission with respect to exports, pursuant to section 14(d).”. Post, p. 3746.

8. 1981

   Pub. L. 97–35 title XII § 1211(f)(2) · 95 Stat. 357

   Added · 15 U.S.C. § 1263(j)

   Pub. L. 97–35 added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 97–35 added subsec. (j).

   Enacted provision · exact public law section
   (2) Section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) is amended by adding at the end the following: “(j) The failure to comply with an order issued under section 15.”. Ante, p. 722.

9. 1986

   Pub. L. 99–339 title I § 109(d)(2) · 100 Stat. 642

   Added · 15 U.S.C. § 1263(k)

   Pub. L. 99–339 added subsec. (k)

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 99–339 added subsec. (k).

   Enacted provision · exact public law section
   (2) Labeling.— Section 4 of the Federal Hazardous Substances Act is amended by adding the following at the end thereof: 15 USC 1263. “(k) The introduction or delivery for introduction into interstate Commerce and trade. 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.”.

   Effective date note
   Amendment by Pub. L. 99–339 effective 24 months after June 19, 1986, see section 109(d)(3) of Pub. L. 99–339, set out as a note under section 1261 of this title.

10. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 204(b)(4)(B) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1263(h)

    Pub. L. 110–314, § 204(b)(4)(B), (C), substituted “Commission or officers or employees of the Commission” for “Secretary or officers or employees of the Department”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–314, § 204(b)(4)(B), (C), substituted “Commission or officers or employees of the Commission” for “Secretary or officers or employees of the Department”.

    Enacted provision · exact public law section
    (B) by striking “Secretary” each place it appears and inserting “Commission” except— (i) in section 10(b) (15 U.S.C. 1269(b)); (ii) in section 14 (15 U.S.C. 1273); and (iii) in section 21(a) (15 U.S.C. 1276(a));

11. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 204(b)(4)(H) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1263(i)

    Pub. L. 110–314, § 204(b)(4)(H), substituted “Commission” for “Consumer Product Safety Commission”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 110–314, § 204(b)(4)(H), substituted “Commission” for “Consumer Product Safety Commission”.

    Enacted provision · exact public law section
    (H) by striking “Consumer Product Safety Commission” each place it appears and inserting “Commission”;

7 of 11 references resolved to an enrolled provision · 4 partial