Pub. L. 110-314, tit. II, subtit. B, sec. 216

PROHIBITED ACTS.

EnactedYear: 2008Length: 684 wordsOfficial source
SEC. 216. PROHIBITED ACTS.(a) Sale of Recalled Products.—Section 19(a) (15 U.S.C. 2068(a)) is amended—(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—122 STAT. 3057“(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));”;(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;”.(3) by striking “or” after the semicolon in paragraph (7);(4) by striking “and” after the semicolon in paragraph (8);(5) by striking “insulation).” in paragraph (9) and inserting “insulation);”; and(6) by striking the period at the end of paragraph (10) and inserting a semicolon; and(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; or122 STAT. 3058“(16) violate an order of the Commission issued under section 18(c).”.(b) Conforming Amendment.—Section 17(a)(2) (15 U.S.C. 2066(a)(2)) is amended to read as follows:“(2) is not accompanied by a certificate required by this Act or any other Act enforced by the Commission, or is accompanied by a false certificate, if the manufacturer in the exercise of due care has reason to know that the certificate is false or misleading in any material respect, or is not accompanied by any label or certificate (including tracking labels) required under section 14 or any rule or regulation under such section;”.
Pub. L. 110-314, tit. II, subtit. B, sec. 216: PROHIBITED ACTS. | Justis AI