U.S. Code » Title 15 » Chapter CHAPTER 30— HAZARDOUS SUBSTANCES

15 U.S.C. § 1263

Prohibited acts

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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.(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, § 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.)Editorial NotesReferences in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (f), is act June 25, 1938, ch. 675, 52 Stat. 1040, 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. 99–339 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, §§ 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”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 41 cases (3 in the last 5 years), 1968–2023 · leading case: Vito Milanese, Jr. & Suzanne Milanese v. Rust-Oleum Corp., 244 F.3d 104 (2d Cir. 2001).
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Vito Milanese, Jr. & Suzanne Milanese v. Rust-Oleum Corp., 244 F.3d 104 (2d Cir. 2001). “” 15 U.S.C. § 1263 (a). A hazardous substance is “misbranded” if its packaging or labeling “is in violation of an applicable regulation issued” under the Act, “or if such substance .”
Citicorp Indus. Credit, Inc. v. Brock, 483 U.S. 27 (1987). · cites it 2× “§ 1211 (household refrigerators without prescribed safety devices); 15 U. S. C. §§ 1263 (a)-(c), (f) (misbranded or banned hazardous substances); 21 U.”
Mwesigwa Ex Rel. Mwesigwa v. Dap, Inc., 637 F.3d 884 (8th Cir. 2011). “” 15 U.S.C. § 1263 (a). A hazardous substance is “misbranded” if its packaging or labeling fails to bear a label warning of, among other things, “the principal hazard or hazards” and “precautionary measures describing the action to be followed or avoided.”
Santiago v. Virgin Islands Hous. Auth., 57 V.I. 256 (2012). “And under 15 U.S.C. § 1263 (a), a manufacturer violates the FHSA if it “introduc[es] into interstate commerce .”
United States v. Mary Marcyes & James Siddle, United States of Am. v. Benjamin Reed, 557 F.2d 1361 (9th Cir. 1977). “15 U.S.C. § 1263 . In dealing with common fireworks, it is clear that Congress did not totally ban interstate dealings in such items, but rather required that they be properly labeled.”
Riegel Textile Corp. v. Celanese Corp., 493 F. Supp. 511 (S.D.N.Y. 1980). · cites it 3× “Contentions Plaintiff’s first claim is based on an asserted implied cause of action for damages arising under 15 U.S.C. § 1263 . Plaintiff further claims damages under state law theories of strict liability, fraud, implied warranties of merchantability and fitness for a…”
United States v. Charles Focht, an Individual, & Mark Focht, an Individual, Doing Bus. Under the Name Liberty Indus., 882 F.2d 55 (3rd Cir. 1989). · cites it 3× “OPINION OF THE COURT GIBBONS, Chief Judge: The United States Consumer Products Safety Commission appeals from a denial of its motion to the court under 15 U.S.C. § 1263 (a) to preliminarily enjoin Charles and Mark Focht, doing business as Liberty Industries, from distributing…”
Toy Mfrs. of Am., Inc. v. Consum. Prod. Saf. Comm'n, 630 F.2d 70 (2d Cir. 1980). “15 U.S.C. § 1263 (a). 3 . These three criteria are: (1) the manufacturer’s stated intent (such as on a label) if it is a reasonable one;’ (2) the advertising, promotion, and marketing of the article; and (3) whether the article is commonly recognized as being intended for…”
Wallace v. Parks Corp., 28 U.C.C. Rep. Serv. 2d (West) 825 (N.Y. App. Div. 1995). “pt when modified by regulation of the Secretary [Commission] pursuant to section 3 [ 15 USC § 1262 ] * * * [and] (I) instructions for handling and storage of packages which require special care in handling or storage” ( 15 USC § 1261 [p] [1] [F], [I]), "The introduction or…”
William E. Brock, Sec'y of Labor, United States Dep't of Labor v. Rusco Indus., Inc., 842 F.2d 270 (11th Cir. 1988). “Some of these banned goods include: misbranded hazardous substances, 15 U.S.C. § 1263 (a) (1982), misbranded food, drug, and cosmetics, 21 U.”
Forester v. Consum. Prod. Saf. Comm'n, 559 F.2d 774 (D.C. Cir. 1977). “The FHSA prohibits “the introduction or delivery for introduction into interstate commerce” of “hazardous substance[s],” 15 U.S.C. § 1263 (1970), and provides for criminal penalties, 15 U.”
High Star Toys, Inc. v. United States, 32 Fed. Cl. 176 (Fed. Cl. 1994). · cites it 5× “§ 1595a(c) for violations of the Federal Hazardous Substances Act (FHSA), 15 U.S.C. § 1263 . Defendant’s answer asserts a counterclaim.”
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