§ 1264. Penalties; exceptions

Footnotes

1. 1 So in original. The comma 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. 1960

   Federal Hazardous Substances Labeling Act

   Pub. L. 86–613 § 5 · 74 Stat. 372

   Enacted · 15 U.S.C. § 1264

   Pub. L. 86–613, § 5, July 12, 1960, 74 Stat. 376

   Source evidence

   Code source credit
   Pub. L. 86–613, § 5, July 12, 1960, 74 Stat. 376

   Enacted provision · exact public law section
   Sec. 5. penalties (a) Any person who violates any of the provisions of section 4 shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $500 or to imprisonment for not more than ninety days, or both; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than $3,000, or both such imprisonment and fine. (b) No person shall be subject to the penalties of subsection (a) of this section, (1) for having violated section 4(c), if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless he refuses to furnish on request of an officer or employee duly designated by the Secretary, the name and address of the person from whom he purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to him; or (2) for having violated section 4(a), if he establishes a guarantee or undertaking 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, to the effect that the hazardous substance is not in misbranded packages within the meaning of that term in this Act; or (3) for having violated subsection (a) or (c) of section 4 in respect of any hazardous substance shipped or delivered for shipment for export to any foreign country, in a package marked for export on the outside of the shipping container and labeled in accordance with the specifications of the foreign purchaser and in accordance with the laws of the foreign country, but if such hazardous substance is sold or offered for sale in domestic commerce, this clause shall not apply.

2. 1966

   Child Protection Act of 1966

   Pub. L. 89–756 · 80 Stat. 1303

   Substituted · 15 U.S.C. § 1264(b)

   Pub. L. 89–756 substituted “a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms” for “in misbranded packages within the meaning of that term”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–756 substituted “a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms” for “in misbranded packages within the meaning of that term”.

3. 1978

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

   Substituted · 15 U.S.C. § 1264(b)(3)

   Pub. L. 95–631 substituted “with respect to” for “in respect of” and made cl. (3) inapplicable when the Consumer Product Safety Commission determines that exportation of the substance presents an unreasonable risk of injury to persons residing within the United States

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 95–631 substituted “with respect to” for “in respect of” and made cl. (3) inapplicable when the Consumer Product Safety Commission determines that exportation of the substance presents an unreasonable risk of injury to persons residing within the United States.

   Enacted provision · exact public law section
   (b) Clause (3) of section 5(b) of the Federal Hazardous Substances Act (15 U.S.C. 1262 (b)) is amended— 15 USC 1264. (1) by striking out “in respect of” and inserting in lieu thereof “with respect to”; and (2) by inserting before “, this clause” the following: “or if the Consumer Product Safety Commission determines that exportation of such substance presents an unreasonable risk of injury to persons residing within the United States”.

4. 1990

   Consumer Product Safety Improvement Act of 1990

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

   Added · 15 U.S.C. § 1264(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (b) Federal Hazardous Substances Act.— Section 5 of the Federal Hazardous Substances Act (15 U.S.C. 1264) is amended by adding at the end the following: “(c) (1) Any person who knowingly violates section 4 shall be subject to a civil penalty not to exceed $5,000 for each such violation. Subject to paragraph (2), a violation of subsections (a), (b), (c), (d), (f), (g), (i) (j), and (k) of section 4 shall constitute a separate offense with respect to each substance involved, except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations. A violation of section 4(e) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required by section 4(e); and, if such violation is a continuing one, each day of such violation shall constitute a separate offense, except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations. “(2) The second sentence of paragraph (1) of this subsection shall not apply to violations of subsection (a) or (c) of section 4— “(A) if the person who violated such subsection is not the manufacturer, importer, or private labeler or a distributor of the substances involved; and “(B) if such person did not have either (i) actual knowledge that such person’s distribution or sale of the substance violated such subsection, or (ii) notice from the Commission that such distribution or sale would be a violation of such subsection. “(3) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of section 4, the Commission shall consider the nature of the substance, the severity of the risk of injury, the occurrence or absence of injury, the amount of the substance distributed, and the appropriateness of such penalty in relation to the size of the business of the person charged. “(4) 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 appropriateness of such penalty to the size of the business of the persons charged, the nature of the substance involved, the severity of the risk of injury, the occurrence or absence of injury, and the amount of the substance distributed. 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. “(5) As used in the first sentence of 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. “(6) (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 Federal Register, publication. 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.”.

5. 1990

   Consumer Product Safety Improvement Act of 1990

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

   Added · 15 U.S.C. § 1264(d)

   Pub. L. 101–608, § 118(a), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–608, § 118(a), added subsec. (d).

   Enacted provision · exact public law section
   (a) Federal Hazardous Substances Act.— Section 5 of the Federal Hazardous Substances Act (15 U.S.C. 1264), as amended by section 115(b) of this Act, is amended by adding at the end the following: “(d) In the case of an attorney general of a State alleging a violation that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce any requirement of this Act relating to misbranded or banned hazardous substances. The procedural requirements of section 24 of the Consumer Product Safety Act shall apply to any such action.”.

6. 2008

   Consumer Product Safety Improvement Act of 2008

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

   Substituted · 15 U.S.C. § 1264(a)

   Pub. L. 110–314, § 217(c)(3), substituted “5 years, a fine determined under section 3571 of title 18, or both.” for “one year, or a fine of not more than $3,000, or both such imprisonment and fine.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–314, § 217(c)(3), substituted “5 years, a fine determined under section 3571 of title 18, or both.” for “one year, or a fine of not more than $3,000, or both such imprisonment and fine.”

   Enacted provision · exact public law section
   (3) Under the federal hazardous substances act.— Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended by striking “one year, or a fine of not more than $3,000, or both such imprisonment and fine.” and inserting “5 years, a fine determined under section 3571 of title 18, United States Code, or both.”.

   Effective date note
   Amendment by section 217(a)(2) of Pub. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title.

7. 2008

   Consumer Product Safety Improvement Act of 2008

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

   1. Substituted · 15 U.S.C. § 1264(b)

      Pub. L. 110–314, § 204(b)(4)(B), (H), substituted “Commission” for “Secretary” in cl. (3)

   2. Substituted · 15 U.S.C. § 1264(b)

      Pub. L. 110–314, § 204(b)(4)(B), (H), substituted “Commission” for “Consumer Product Safety Commission” in cl. (3)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–314, § 204(b)(4)(B), (H), substituted “Commission” for “Secretary” in cl. (1) and “Commission” for “Consumer Product Safety Commission” in cl. (3).

   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));

   Effective date note
   Amendment by section 217(a)(2) of Pub. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title.

8. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 § 217(a)(2)(A) · 122 Stat. 3016

   1. Substituted · 15 U.S.C. § 1264(c)(1)

      Pub. L. 110–314, § 217(a)(2)(A), (B), substituted “$100,000” for “$5,000”

   2. Substituted · 15 U.S.C. § 1264(c)(1)

      Pub. L. 110–314, § 217(a)(2)(A), (B), substituted “$15,000,000” for “$1,250,000” in two places

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 110–314, § 217(a)(2)(A), (B), substituted “$100,000” for “$5,000” and substituted “$15,000,000” for “$1,250,000” in two places.

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

   Effective date note
   Amendment by section 217(a)(2) of Pub. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title.

9. 2008

   Consumer Product Safety Improvement Act of 2008

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

   1. Inserted · 15 U.S.C. § 1264(c)(3)

      Pub. L. 110–314, § 217(b)(1)(B)(i), inserted “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”

   2. Substituted · 15 U.S.C. § 1264(c)(3)

      Pub. L. 110–314, § 217(b)(1)(B)(i), substituted “substance distributed,” for “substance distributed, and”

   3. Inserted · 15 U.S.C. § 1264(c)(3)

      Pub. L. 110–314, § 217(b)(1)(B)(i), inserted “, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate” before period at end

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 110–314, § 217(b)(1)(B)(i), inserted “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”, substituted “substance distributed,” for “substance 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.

   Enacted provision · exact public law section
   (i) in paragraph (3)— (I) by inserting “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”; (II) by striking “substance distributed, and” and inserting “substance distributed,”; and (III) by inserting “, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate” before the period; and

   Effective date note
   Amendment by section 217(a)(2) of Pub. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title.

10. 2008

    Consumer Product Safety Improvement Act of 2008

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

    Inserted · 15 U.S.C. § 1264(c)(4)

    Pub. L. 110–314, § 217(b)(1)(B)(ii)(II), inserted “, and such other factors as appropriate” after “substance distributed”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 110–314, § 217(b)(1)(B)(ii)(II), inserted “, and such other factors as appropriate” after “substance distributed”.

    Enacted provision · exact public law section
    (II) by inserting “, and such other factors as appropriate” after “substance distributed”.

    Effective date note
    Amendment by section 217(a)(2) of Pub. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title.

11. 2008

    Consumer Product Safety Improvement Act of 2008

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

    Changed · 15 U.S.C. § 1264(c)(4)

    Pub. L. 110–314, § 217(b)(1)(B)(ii)(I), which directed insertion of “, 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 “persons charged” to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–314, § 217(b)(1)(B)(ii)(I), which directed insertion of “, 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 “persons charged” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (I) 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”; and

    Effective date note
    Amendment by section 217(a)(2) of Pub. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title.

12. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 217(a)(2)(C) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1264(c)(6)(B)

    Pub. L. 110–314, § 217(a)(2)(C), which directed substitution of “December 1, 2011,” for “December 1, 1994,” in par. (6)(B) of subsec. (c)(1), was executed by making the substitution in subsec. (c)(6)(B) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c)(6)(B). Pub. L. 110–314, § 217(a)(2)(C), which directed substitution of “December 1, 2011,” for “December 1, 1994,” in par. (6)(B) of subsec. (c)(1), was executed by making the substitution in subsec. (c)(6)(B) to reflect the probable intent of Congress.

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

    Effective date note
    Amendment by section 217(a)(2) of Pub. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title.

15 of 16 references resolved to an enrolled provision · 1 partial