§ 2068. Prohibited acts

Footnotes

1. 1 So in original. No subpar. (A) has been enacted.
2. 2 So in original. The period probably should be a semicolon.
3. 3 So in original. The word “or” 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. 1972

   Consumer Product Safety Act

   Pub. L. 92–573 § 19 · 86 Stat. 1207

   Enacted · 15 U.S.C. § 2068

   Pub. L. 92–573, § 19, Oct. 27, 1972, 86 Stat. 1224

   Source evidence

   Code source credit
   Pub. L. 92–573, § 19, Oct. 27, 1972, 86 Stat. 1224

   Enacted provision · exact public law section
   Sec. 19. prohibited acts (a) It shall be unlawful for any person to— (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 Act; (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 (3) fail or refuse to permit access to or copying of records, or fail or refuse to make reports or provide information, or fail or refuse to permit entry or inspection, as required under this Act or rule thereunder; (4) fail to furnish information required by section 15(b); (5) fail to comply with an order issued under section 15 (c) or (d) (relating to notification, and to repair, replacement, and refund); (6) fail to furnish a certificate required by section 14 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 14(c) (relating to labeling); or (7) fail to comply with any rule under section 9(d) (2) (relating to stockpiling). (b) Paragraphs (1) and (2) of subsection (a) of this section shall not apply to any person (1) who holds a certificate issued in accordance with section 14(a) to the effect that such consumer product conforms to all applicable consumer product safety rules, unless such person knows that such consumer product does not conform, or (2) who relies in good faith on the representation of the manufacturer or a distributor of such product that the product is not subject to an applicable product safety rule.

2. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 · 90 Stat. 503

   1. Substituted · 15 U.S.C. § 2068(a)

      Pub. L. 94–284 substituted “to” for “and to”

   2. Inserted · 15 U.S.C. § 2068(a)

      Pub. L. 94–284 inserted “, and to prohibited acts” after “refund” in par. (5)

   3. Inserted · 15 U.S.C. § 2068(a)

      Pub. L. 94–284 inserted “or fail or refuse to establish or maintain records,” after “copying of records,” in par. (3)

   4. Added · 15 U.S.C. § 2068(a)

      Pub. L. 94–284 added pars. (8) and (9)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. 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).

3. 1978

   Emergency Interim Consumer Product Safety Standard Act of 1978

   Pub. L. 95–319 § 3(b) · 92 Stat. 386

   Added · 15 U.S.C. § 2068(a)(10)

   Pub. 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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. 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.

   Enacted provision · exact public law section
   (b) Section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068 (a)) is amended— (1) in paragraph (8) thereof, by striking out “or”; (2) in paragraph (9) thereof, by striking out the period and inserting in lieu thereof “; or”; and (3) by adding at the end thereof the following new paragraph: “(10) fail to comply with any rule or requirement under section 35 (relating to labeling and testing of cellulose insulation).”.

4. 1978

   Pub. L. 95–631 § 6(b) · 92 Stat. 3742

   Added · 15 U.S.C. § 2068(a)(10)

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

   Source evidence

   Code amendment note
   Subsec. (a)(10). Pub. L. 95–631 added par. (10), providing that it be unlawful to fail to file a statement with the Commission pursuant to section 2067(b) of this title.

   Enacted provision · exact public law section
   (b) Section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068(a)) is amended— (1) in paragraph (8), by striking out “or”; (2) in paragraph (9), by striking out the period and inserting in lieu thereof “; and”; and (3) by adding after paragraph (9) the following new paragraph: “(10) fail to file a statement with the Commission pursuant to section 18(b).”.

5. 1983

   Pub. L. 97–414 § 9(j)(4)(A) · 96 Stat. 2049

   Substituted · 15 U.S.C. § 2068(a)(7)

   Pub. L. 97–414, § 9(j)(4)(A), substituted “section 2058(g)(2)” for “section 2058(d)(2)”

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 97–414, § 9(j)(4)(A), substituted “section 2058(g)(2)” for “section 2058(d)(2)”.

   Enacted provision · exact public law section
   (A) Section 19(a)(7) of such Act (15 U.S.C. 2068(a)(7)) is amended by striking out “section 9(d)(2)” and inserting in lieu thereof “section 9(g)(2)”.

6. 1983

   Pub. L. 97–414 § 9(j)(4)(B) · 96 Stat. 2049

   1. Redesignated · 15 U.S.C. § 2068(a)(8)

      Pub. L. 97–414, § 9(j)(4)(B), redesignated par. (9) as (8)

   2. Struck · 15 U.S.C. § 2068(a)(8)

      Pub. L. 97–414, § 9(j)(4)(B), 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)

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. 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).

   Enacted provision · exact public law section
   (B) Paragraph (8) of section 19(a) of such Act is repealed and paragraph (9) and the first of the two paragraphs (10) are redesignated as paragraphs (8) and (9), respectively.

7. 1983

   Pub. L. 97–414 § 9(j)(4)(B) · 96 Stat. 2049

   Redesignated · 15 U.S.C. § 2068(a)(9); 15 U.S.C. § 2068(a)(10)

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

   Source evidence

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

   Enacted provision · exact public law section
   (B) Paragraph (8) of section 19(a) of such Act is repealed and paragraph (9) and the first of the two paragraphs (10) are redesignated as paragraphs (8) and (9), respectively.

8. 1990

   Consumer Product Safety Improvement Act of 1990

   Pub. L. 101–608 title I § 112(d) · 104 Stat. 3110

   Added · 15 U.S.C. § 2068(a)(11)

   Pub. L. 101–608 added par. (11)

   Source evidence

   Code amendment note
   Subsec. (a)(11). Pub. L. 101–608 added par. (11).

   Enacted provision · exact public law section
   (d) Prohibited Act.— Section 19(a) (15 U.S.C. 2068(a)) is amended by adding at the end the following new paragraph: “(11) fail to furnish information required by section 37.”.

9. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 § 216(a)(1) · 122 Stat. 3016

   1. Added · 15 U.S.C. § 2068(a)(1); 15 U.S.C. § 2068(a)(2)

      Pub. L. 110–314, § 216(a)(1), added pars. (1) and (2)

   2. Struck · 15 U.S.C. § 2068(a)(1); 15 U.S.C. § 2068(a)(2)

      Pub. L. 110–314, § 216(a)(1), struck out former pars. (1) and (2) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(1), (2). Pub. 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;”.

   Enacted provision · exact public law section
   (1) by striking paragraphs (1) and (2) and inserting the following: “(1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this Act or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this Act, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission; “(2) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is— “(B) 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; “(C) subject to an order issued under section 12 or 15 of this Act; or “(D) a banned hazardous substance within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1));” ;

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

10. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 216(a)(2) · 122 Stat. 3016

    Amended · 15 U.S.C. § 2068(a)(6)

    Pub. 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);”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. 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);”.

    Enacted provision · exact public law section
    (2) by amending paragraph (6) to read as follows: “(6) fail to furnish a certificate required by this Act or any other Act enforced by the Commission, or to issue a false certificate if such person in the exercise of due care has reason to know that the certificate is false or misleading in any material respect; or to fail to comply with any requirement of section 14 (including the requirement for tracking labels) or any rule or regulation under such section;” .

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

11. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 216(a)(3) · 122 Stat. 3016

    1. Struck · 15 U.S.C. § 2068(a)(7)(10)

       Pub. L. 110–314, § 216(a)(3)–(6), struck out “or” at end of par. (7) and “and” at end of par. (8)

    2. Substituted · 15 U.S.C. § 2068(a)(7)(10)

       Pub. L. 110–314, § 216(a)(3)–(6), substituted semicolon for period at end of pars. (9) and (10)

    Source evidence

    Code amendment note
    Subsec. (a)(7) to (10). Pub. 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).

    Enacted provision · exact public law section
    (3) by striking “or” after the semicolon in paragraph (7);

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

12. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 216(a)(7) · 122 Stat. 3016

    Added · 15 U.S.C. § 2068(a)(12)(16)

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

    Source evidence

    Code amendment note
    Subsec. (a)(12) to (16). Pub. L. 110–314, § 216(a)(7), added pars. (12) to (16).

    Enacted provision · exact public law section
    (7) by inserting at the end the following: “(12) sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark; “(13) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 12 or 15, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this Act or any other Act enforced by the Commission; or “(14) exercise, or attempt to exercise, undue influence on a third party conformity assessment body (as defined in section 14(f)(2)) with respect to the testing, or reporting of the results of testing, of any product for compliance under this Act or any other Act enforced by the Commission. “(15) export from the United States for purpose of sale any consumer product, or other product or substance regulated by the Commission (other than a consumer product or substance, the export of which is permitted by the Secretary of the Treasury pursuant to section 17(e)) that— “(A) is subject to an order issued under section 12 or 15 of this Act or is a banned hazardous substance within the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)); or “(B) is subject to a voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public; or “(16) violate an order of the Commission issued under section 18(c).” .

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

13. 2011

    Pub. L. 112–28 § 2(b) · 125 Stat. 279

    Substituted · 15 U.S.C. § 2068(a)(14)

    Pub. 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

    Source evidence

    Code amendment note
    Subsec. (a)(14). Pub. 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.

    Enacted provision · exact public law section
    (b) Prohibited Act.— Section 19(a)(14) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(14)) is amended by striking the period and inserting “, 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 14(a)(2);”.

15 of 19 references resolved to an enrolled provision · 4 partial