It shall be unlawful for any person to-
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 manufacturer or a distributor of such product that the product is not subject to an applicable product safety rule.of this title 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
1 So in original. No subpar.
2 So in original. The period probably should be a semicolon.
3 So in original. The word "or" probably should not appear.
15 U.S.C. § 2068
AMENDMENTS2011-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 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;".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 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 of this title (relating to labeling);".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).Subsec. (a)(12) to (16). Pub. L. 110-314, §216(a)(7), added pars. (12) to (16).1990-Subsec. (a)(11). Pub. L. 101-608 added par. (11).1983-Subsec. (a)(7). Pub. L. 97-414, §9(j)(4)(A), substituted "section 2058(g)(2)" for "section 2058(d)(2)".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 of this title (relating to prior notice and description of new consumer products).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). 1978-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 of this title. Pub. L. 95-319 added par. (10), providing that it be unlawful to fail to comply with any rule or requirement under section of this title.1976-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).of this title;" for period at end. 2008-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
EFFECTIVE DATE OF 2008 AMENDMENT 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 sectionof this title.
EFFECTIVE DATESection effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92-573, set out as a note under sectionof this title.
DUTY TO REPORT CHOKING INCIDENTS CAUSED BY CHILDREN'S TOYS OR GAMESFor 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 section 102 of Pub. L. 103-267, set out as a Reporting Requirements note under section of this title.
- The term "Commission" means the Consumer Product Safety Commission, established by section 2053 of this title.
- The term "commerce" means trade, traffic, commerce, or transportation-(A) between a place in a State and any place outside thereof, or(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).
- consumer product safety rule
- The term "consumer product safety rule" means a consumer products safety standard described in section 2056(a) of this title, or a rule under this chapter declaring a consumer product a banned hazardous product.
- The term "manufacturer" means any person who manufactures or imports a consumer product.
- The terms "import" and "importation" include reimporting a consumer product manufactured or processed, in whole or in part, in the United States.