§2068. Prohibited acts

(a) Designation

It shall be unlawful for any person to-

(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;

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

(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) fail to furnish a certificate required by section 2063 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 2063(c) of this title (relating to labeling);

(7) fail to comply with any rule under section 2058(g)(2) of this title (relating to stockpiling); or ¹

(8) fail to comply with any rule under section 2076(e) of this title (relating to provision of performance and technical data); and ¹

(9) fail to comply with any rule or requirement under section 2082 of this title (relating to labeling and testing of cellulose insulation).¹

(10) fail to file a statement with the Commission pursuant to section 2067(b) of this title.¹

(11) fail to furnish information required by section 2084 of this title.

(b) Exception

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 2063(a) 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 manufacturer or a distributor of such product that the product is not subject to an applicable product safety rule.

( Pub. L. 92–573, §19, Oct. 27, 1972, 86 Stat. 1224 ; Pub. L. 94–284, §§12(b), 13(a), May 11, 1976, 90 Stat. 508 , 509; Pub. L. 95–319, §3(b), July 11, 1978, 92 Stat. 390 ; Pub. L. 95–631, §6(b), Nov. 10, 1978, 92 Stat. 3745 ; Pub. L. 97–414, §9(j)(4), Jan. 4, 1983, 96 Stat. 2064 ; Pub. L. 101–608, title I, §112(d), Nov. 16, 1990, 104 Stat. 3117 .)

Amendments

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 2062 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 2067(b) 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 2082 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).

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

For 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 2064 of this title.

¹ So in original. Words "or" and "and" probably should not appear at the end of pars. (7) and (8). The period at the end of par. (9) probably should be a semicolon, and the period at the end of par. (10) probably should be a semicolon followed by "or".