15 USC § 1263 - Prohibited acts
The following acts and the causing thereof are prohibited:
(a)
The introduction or delivery for introduction into interstate commerce of any misbranded hazardous substance or banned 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 a misbranded hazardous substance or banned hazardous substance.
(c)
The receipt in interstate commerce of any misbranded hazardous substance or banned 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
1264
(b)(2) of this title 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
1270
(b) of this title or to permit access to and copying of any record as authorized by section
1271 of this title.
(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 a misbranded hazardous substance. 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 U.S.C. 301 et seq.].
(g)
The manufacture of a misbranded hazardous substance or banned 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 Commission or officers or employees of the Commission, or to the courts when relevant in any judicial proceeding under this chapter, of any information acquired under authority of section
1270 of this title concerning any method of process which as a trade secret is entitled to protection.
(i)
The failure to notify the Commission with respect to exports, pursuant to section
1273
(d) of this title.
(k)
The introduction or delivery for introduction into interstate 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.
The following acts and the causing thereof are prohibited:
(a)
The introduction or delivery for introduction into interstate commerce of any misbranded hazardous substance or banned 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 a misbranded hazardous substance or banned hazardous substance.
(c)
The receipt in interstate commerce of any misbranded hazardous substance or banned 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
1264
(b)(2) of this title 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
1270
(b) of this title or to permit access to and copying of any record as authorized by section
1271 of this title.
(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 a misbranded hazardous substance. 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 U.S.C. 301 et seq.].
(g)
The manufacture of a misbranded hazardous substance or banned 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 Commission or officers or employees of the Commission, or to the courts when relevant in any judicial proceeding under this chapter, of any information acquired under authority of section
1270 of this title concerning any method of process which as a trade secret is entitled to protection.
(i)
The failure to notify the Commission with respect to exports, pursuant to section
1273
(d) of this title.
(k)
The introduction or delivery for introduction into interstate 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.
Source
(Pub. L. 86–613, § 4,July 12, 1960, 74 Stat. 375; Pub. L. 89–756, §§ 2(f),
3
(b),Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L. 95–631, § 7(a),Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97–35, title XII, § 1211(f)(2),Aug. 13, 1981, 95 Stat. 723; Pub. L. 99–339, title I, § 109(d)(2),June 19, 1986, 100 Stat. 653; Pub. L. 110–314, title II, § 204(b)(4)(B), (C), (H),Aug. 14, 2008, 122 Stat. 3041, 3042.)
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (f), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section
301 of Title
21 and Tables.
Amendments
2008—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”.
Subsec. (i). Pub. L. 110–314, § 204(b)(4)(H), substituted “Commission” for “Consumer Product Safety Commission”.
1986—Subsec. (k). Pub. L. 99–339added subsec. (k).
1981—Subsec. (j). Pub. L. 97–35added subsec. (j).
1978—Subsec. (i). Pub. L. 95–631added subsec. (i).
1966—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”.
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”.
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”.
Subsec. (f). Pub. L. 89–756, § 2(f)(2), substituted “being a misbranded hazardous substance” for “being in a misbranded package”.
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”.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–339effective 24 months after June 19, 1986, see section 109(d)(3) ofPub. L. 99–339, set out as a note under section
1261 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35effective Aug. 13, 1981, see section 1215 ofPub. L. 97–35, set out as a note under section
2052 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013
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