15 U.S.C. § 2068 | Prohibited acts

(a)

Designation

It shall be unlawful for any person to—

(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 chapter or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this chapter, 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)

1 So in original. No subpar. (A) has been enacted.

  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 2061 or 2064 of this title; or

(D)

section 1261(q)(1) of this title a banned hazardous substance within the meaning of ;

(3)

fail or refuse to permit access to or copying of records, or fail or refuse to establish or maintain records, or fail or refuse to make reports or provide information, or fail or refuse to permit entry or inspection, as required under this chapter or rule thereunder;

(4)

section 2064(b) of this title fail to furnish information required by ;

(5)

fail to comply with an order issued under section 2064(c) or (d) of this title (relating to notification, to repair, replacement, and refund, and to prohibited acts);

(6)

section 2063 of this title fail to furnish a certificate required by this chapter 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 (including the requirement for tracking labels) or any rule or regulation under such section;

(7)

section 2058(g)(2) of this title fail to comply with any rule under (relating to stockpiling);

(8)

section 2076(e) of this title fail to comply with any rule under (relating to provision of performance and technical data);

(9)

section 2082 of this title fail to comply with any rule or requirement under (relating to labeling and testing of cellulose insulation);

(10)

section 2067(b) of this title fail to file a statement with the Commission pursuant to ;

(11)

section 2084 of this title 2

2 So in original. The period probably should be a semicolon.

fail to furnish information required by .

(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)

3 So in original. The word “or” probably should not appear.

misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 2061 or 2064 of this title, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this chapter or any other Act enforced by the Commission; or 

(14)

section 2063(f)(2) of this title section 2063(a)(2) of this title exercise, or attempt to exercise, undue influence on a third party conformity assessment body (as defined in ) with respect to the testing, or reporting of the results of testing, of any product for compliance under this chapter or any other Act enforced by the Commission, 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 ;

(15)

section 2066(e) of this title 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 ) that—

(A)

section 1261(q)(1) of this title is subject to an order issued under section 2061 or 2064 of this title or is a banned hazardous substance within the meaning of ; 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)

section 2067(c) of this title violate an order of the Commission issued under .

(b)

Exception

section 2063(a) of this titleParagraphs (1) and (2) of subsection (a) of this section shall not apply to any person (1) who holds a certificate issued in accordance with 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.

Pub. L. 92–573, § 19Oct. 27, 197286 Stat. 1224 Pub. L. 94–284May 11, 197690 Stat. 508 Pub. L. 95–319, § 3(b)July 11, 197892 Stat. 390 Pub. L. 95–631, § 6(b)Nov. 10, 197892 Stat. 3745 Pub. L. 97–414, § 9(j)(4)Jan. 4, 198396 Stat. 2064 Pub. L. 101–608, title I, § 112(d)Nov. 16, 1990104 Stat. 3117 Pub. L. 110–314, title II, § 216(a)Aug. 14, 2008122 Stat. 3056 Pub. L. 112–28, § 2(b)Aug. 12, 2011125 Stat. 279(, , ; , §§ 12(b), 13(a), , , 509; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 112–28 section 2063(a)(2) of this title2011—Subsec. (a)(14). 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 ;” for period at end.

Pub. L. 110–314, § 216(a)(1)2008—Subsec. (a)(1), (2). , 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;”.

Pub. L. 110–314, § 216(a)(2)section 2063 of this title section 2063(c) of this titleSubsec. (a)(6). , amended par. (6) generally. Prior to amendment, par. (6) read as follows: “fail to furnish a certificate required by 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 (relating to labeling);”.

Pub. L. 110–314, § 216(a)(3)Subsec. (a)(7) to (10). –(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).

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

Pub. L. 101–6081990—Subsec. (a)(11). added par. (11).

Pub. L. 97–414, § 9(j)(4)(A)1983—Subsec. (a)(7). , substituted “section 2058(g)(2)” for “section 2058(d)(2)”.

Pub. L. 97–414, § 9(j)(4)(B)section 2062 of this titleSubsec. (a)(8). , 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 (relating to prior notice and description of new consumer products).

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

Pub. L. 95–631 section 2067(b) of this title1978—Subsec. (a)(10). added par. (10), providing that it be unlawful to fail to file a statement with the Commission pursuant to .

Pub. L. 95–319 section 2082 of this title added par. (10), providing that it be unlawful to fail to comply with any rule or requirement under .

Pub. L. 94–2841976—Subsec. (a). 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).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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

Effective Date

Oct. 27, 1972section 34 of Pub. L. 92–573 section 2051 of this titleSection effective on the sixtieth day following , see , set out as a note under .

Duty To Report Choking Incidents Caused by Children’s Toys or Games

section 102 of Pub. L. 103–267 section 2064 of this titleFor purposes of subsec. (a)(3) of this section, requirement to report information relating to choking incidents caused by children’s toys or games to Consumer Product Safety Commission deemed a requirement under this chapter, see , set out as a Reporting Requirements note under .