U.S. Code » Title 15 » Chapter CHAPTER 47— CONSUMER PRODUCT SAFETY

15 U.S.C. § 2057a

Banning of butyl nitrite

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(a) In general

Except as provided in subsection (b), butyl nitrite shall be considered a banned hazardous product under section 2057 of this title.

(b) Lawful purposes

For the purposes of section 2057 of this title, it shall not be unlawful for any person to manufacture for sale, offer for sale, distribute in commerce, or import into the United States butyl nitrite for any commercial purpose or any other purpose approved under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].

(c) DefinitionsFor purposes of this section:(1) The term “butyl nitrite” includes n-butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing these chemicals.(2) The term “commercial purpose” means any commercial purpose other than for the production of consumer products containing butyl nitrite that may be used for inhaling or otherwise introducing butyl nitrite into the human body for euphoric or physical effects.(d) Effective date

This section shall take effect 90 days after November 18, 1988.

(Pub. L. 100–690, title II, § 2404, Nov. 18, 1988, 102 Stat. 4231.)Editorial NotesReferences in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), 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.

Codification

Section was enacted as part of the Anti-Drug Abuse Act of 1988, and not as part of the Consumer Product Safety Act which comprises this chapter.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1991–2023 · leading case: United States v. Schneiderman, 777 F. Supp. 258 (S.D.N.Y. 1991).
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United States v. Schneiderman, 777 F. Supp. 258 (S.D.N.Y. 1991). “15 U.S.C.A. § 2057a (West Supp.1990). At the time in question, sales of RUSH were legal.”
Pac-west Distrib. Nv LLC v. Afab Indus. Servs., Inc. (E.D. Pa. 2023). · cites it 2× “Specifically, AFAB contends that Pac-West’s products violate 15 U.S.C. §§ 2057a and 2057b, which provide that butyl nitrite and volatile alkyl nitrites “shall be considered .”
Pac-west Distrib. Nv LLC v. Afab Indus. Servs., Inc. (E.D. Pa. 2023). · cites it 2× “1 The Court refers to the defendants collectively as “AFAB,” * Specifically, AFAB contends that Pac-West’s products are sold in violation of 15 U.S.C. §§ 2057a and 2057b, which prohibit the sale of products containing butyl and alkyl nitrites unless sold for approved purposes,…”
— 15 U.S.C. § 2057a(b) — 1 case
Pac-west Distrib. Nv LLC v. Afab Indus. Servs., Inc. (E.D. Pa. 2023). “1 The Court refers to the defendants collectively as “AFAB,” * Specifically, AFAB contends that Pac-West’s products are sold in violation of 15 U.S.C. §§ 2057a and 2057b, which prohibit the sale of products containing butyl and alkyl nitrites unless sold for approved purposes,…”
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