§711. "Smokey Bear" character or name

Whoever, except as authorized under rules and regulations issued by the Secretary of Agriculture after consultation with the Association of State Foresters and the Advertising Council, knowingly and for profit manufactures, reproduces, or uses the character "Smokey Bear", originated by the Forest Service, United States Department of Agriculture, in cooperation with the Association of State Foresters and the Advertising Council for use in public information concerning the prevention of forest fires, or any facsimile thereof, or the name "Smokey Bear" shall be fined under this title or imprisoned not more than six months, or both.

(Added May 23, 1952, ch. 327, §1, 66 Stat. 92 ; amended Pub. L. 93–318, §5, June 22, 1974, 88 Stat. 245 ; Pub. L. 103–322, title XXXIII, §§330004(4), 330016(1)(E), Sept. 13, 1994, 108 Stat. 2141 , 2146.)

Editorial Notes

Amendments

1994-Pub. L. 103–322, §330016(1)(E), substituted "fined under this title" for "fined not more than $250".

Pub. L. 103–322, §330004(4), struck out last par. which read as follows: "The Secretary of Agriculture may specially authorize the manufacture, reproduction, or use of the character 'Smokey Bear' for a period not to exceed one hundred and eighty days, expiring no later than one year after the enactment hereof, by any person who, because of plans or commitments made prior to the enactment of this Act, would suffer substantial loss if denied such authorization."

1974-Pub. L. 93–318 inserted "and for profit" after "knowingly" and struck out "as a trade name or in such manner as suggests the character 'Smokey Bear' " after "facsimile thereof, or the name 'Smokey Bear' ".

Statutory Notes and Related Subsidiaries

Deposit of Fees; Availability

Deposit of fees collected under regulations governing "Smokey Bear" and availability for use, see section 580p–2 of Title 16, Conservation.