### §2101. Marking requirements

#### (a) Political items

The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation political item which is not plainly and permanently marked with the calendar year in which such item was manufactured, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

#### (b) Coins and other numismatic items

The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce, or the sale in commerce of any imitation numismatic item which is not plainly and permanently marked "copy", is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

#### (c) Rules and regulations

The Federal Trade Commission shall prescribe rules for determining the manner and form in which items described in subsection (a) or (b) shall be permanently marked.

#### (d) Provision of assistance or support

It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b).

#### (e) Exemption

Subsections (a) 1 (b), and (d), and regulations under subsection (c), shall not apply to any common carrier or contract carrier or freight forwarder with respect to an imitation political item or imitation numismatic item received, shipped, delivered, or handled by it for shipment in the ordinary course of its business.

(Pub. L. 93–167, §2, Nov. 29, 1973, 87 Stat. 686; Pub. L. 113–288, §2(1), Dec. 19, 2014, 128 Stat. 3281.)

#### **Editorial Notes**

#### References in Text

The Federal Trade Commission Act, referred to in subsecs. (a) and (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

#### Amendments

2014—Subsec. (b). Pub. L. 113–288, §2(1)(A), inserted ", or the sale in commerce" after "distribution in commerce".

Subsec. (d). Pub. L. 113–288, §2(1)(B), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 113–288, §2(1)(B), (C), redesignated subsec. (d) as (e) and substituted "(b), and (d)" for "and (b)".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Pub. L. 93–167, §8, Nov. 29, 1973, 87 Stat. 687, provided that: "This Act [enacting this chapter] shall apply only to imitation political items and imitation numismatic items manufactured after the date of enactment of this Act [Nov. 29, 1973]."

#### Short Title of 2014 Amendment

Pub. L. 113–288, §1, Dec. 19, 2014, 128 Stat. 3281, provided that: "This Act [amending this section and sections 2102 and 2106 of this title] may be cited as the 'Collectible Coin Protection Act'."

#### Short Title

Pub. L. 93–167, §1, Nov. 29, 1973, 87 Stat. 686, provided: "That this Act [enacting this chapter] may be cited as the 'Hobby Protection Act'."

1 So in original. Probably should be followed by a comma.