§ 1263. — Prohibited acts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1263]
TITLE 15--COMMERCE AND TRADE
CHAPTER 30--HAZARDOUS SUBSTANCES
Sec. 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 Consumer Product Safety Commission
with respect to exports, pursuant to section 1273(d) of this title.
(j) The failure to comply with an order issued under section 1274 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.
(Pub. L. 86-613, Sec. 4, July 12, 1960, 74 Stat. 375; Pub. L. 89-756,
Secs. 2(f), 3(b), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L. 92-573,
Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 95-631, Sec. 7(a),
Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97-35, title XII, Sec. 1211(f)(2),
Aug. 13, 1981, 95 Stat. 723; Pub. L. 99-339, title I, Sec. 109(d)(2),
June 19, 1986, 100 Stat. 653.)
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 (Sec. 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
1986--Subsec. (k). Pub. L. 99-339 added subsec. (k).
1981--Subsec. (j). Pub. L. 97-35 added subsec. (j).
1978--Subsec. (i). Pub. L. 95-631 added subsec. (i).
1966--Subsec. (a). Pub. L. 89-756, Secs. 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, Secs. 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, Secs. 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, Sec. 2(f)(2), substituted ``being a
misbranded hazardous substance'' for ``being in a misbranded package''.
Subsec. (g). Pub. L. 89-756, Secs. 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. 99-339 effective 24 months after June 19, 1986,
see section 109(d)(3) of Pub. L. 99-339, set out as a note under section
1261 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1215
of Pub. L. 97-35, set out as a note under section 2052 of this title.
Transfer of Functions
``Commission'' substituted for ``Secretary'' and for ``Department''
in subsec. (h) pursuant to section 30(a) of Pub. L. 92-573, which is
classified to section 2079(a) of this title and which transferred
functions of Secretary of Health, Education, and Welfare under this
chapter to Consumer Product Safety Commission.
Section Referred to in Other Sections
This section is referred to in sections 1264, 1265, 1273 of this
title.
