dreamproit/uscode huggingface dataset:
15 U.S.C. § 1451 (COMMERCE AND TRADE)
§ 1451. Congressional declaration of policy
Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods.
(Pub. L. 89–755, § 2, Nov. 3, 1966, 80 Stat. 1296.)
heading: Effective Date
text: Pub. L. 89–755, § 13, Nov. 3, 1966, 80 Stat. 1302, provided that: “This Act [enacting this chapter] shall take effect on July 1, 1967: Provided, That the Secretary (with respect to any consumer commodity which is a food, drug, device, or cosmetic, as those terms are defined by the Federal Food, Drug, and Cosmetic Act) [section 301 et seq. of Title 21, Food and Drugs], and the Commission (with respect to any other consumer commodity) may by regulation postpone, for an additional twelve-month period, the effective date of this Act [this chapter] with respect to any class or type of consumer commodity on the basis of a finding that such a postponement would be in the public interest.”
heading: Short Title
text: Pub. L. 89–755, § 1, Nov. 3, 1966, 80 Stat. 1296, provided: “That this Act [enacting this chapter] may be cited as the ‘Fair Packaging and Labeling Act’.”
15 U.S.C. § 1452 (COMMERCE AND TRADE)
§ 1452. Unfair and deceptive packaging and labeling; scope of prohibition
(a) Nonconforming labels
It shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this chapter) for distribution in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to be distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter and of regulations promulgated under the authority of this chapter.
(b) Exemptions
The prohibition contained in subsection (a) of this section shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled.
(Pub. L. 89–755, § 3, Nov. 3, 1966, 80 Stat. 1296.)
15 U.S.C. § 1455 (COMMERCE AND TRADE)
§ 1455. Procedure for promulgation of regulations
(a) Hearings by Secretary of Health and Human Services
Regulations promulgated by the Secretary under section 1453 or 1454 of this title shall be promulgated, and shall be subject to judicial review, pursuant to the provisions of subsections (e), (f), and (g) of section 371 of title 21. Hearings authorized or required for the promulgation of any such regulations by the Secretary shall be conducted by the Secretary or by such officer or employees of the Department of Health and Human Services as he may designate for that purpose.
(b) Judicial review; hearings by Federal Trade Commission
Regulations promulgated by the Commission under section 1453 or 1454 of this title shall be promulgated, and shall be subject to judicial review, by proceedings taken in conformity with the provisions of subsections (e), (f), and (g) of section 371 of title 21 in the same manner, and with the same effect, as if such proceedings were taken by the Secretary pursuant to subsection (a) of this section. Hearings authorized or required for the promulgation of any such regulations by the Commission shall be conducted by the Commission or by such officer or employee of the Commission as the Commission may designate for that purpose.
(c) Cooperation with other departments and agencies
In carrying into effect the provisions of this chapter, the Secretary and the Commission are authorized to cooperate with any department or agency of the United States, with any State, Commonwealth, or possession of the United States, and with any department, agency, or political subdivision of any such State, Commonwealth, or possession.
(d) Returnable or reusable glass containers for beverages
No regulation adopted under this chapter shall preclude the continued use of returnable or reusable glass containers for beverages in inventory or with the trade as of the effective date of this Act, nor shall any regulation under this chapter preclude the orderly disposal of packages in inventory or with the trade as of the effective date of such regulation.
(Pub. L. 89–755, § 6, Nov. 3, 1966, 80 Stat. 1299; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: References in Text
text: The effective date of this Act, referred to in subsec. (d), refers to the effective date of Pub. L. 89–755 which enacted this chapter to take effect July 1, 1967. See Effective Date note set out under section 1451 of this title.
heading: Change of Name
text: “Department of Health and Human Services” substituted for “Department of Health, Education, and Welfare” in subsec. (a), pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
15 U.S.C. § 1456 (COMMERCE AND TRADE)
§ 1456. Enforcement
(a) Misbranded consumer commodities
Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), and which is introduced or delivered for introduction into commerce in violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, shall be deemed to be misbranded within the meaning of chapter III of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 331 et seq.], but the provisions of section 303 of that Act (21 U.S.C. 333) shall have no application to any violation of section 1452 of this title.
(b) Unfair or deceptive acts or practices in commerce
Any violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, with respect to any consumer commodity which is not a food, drug, device, or cosmetic, shall constitute an unfair or deceptive act or practice in commerce in violation of section 45(a) of this title and shall be subject to enforcement under section 45(b) of this title.
(c) Imports
In the case of any imports into the United States of any consumer commodity covered by this chapter, the provisions of sections 1453 and 1454 of this title shall be enforced by the Secretary of the Treasury pursuant to section 801(a) and (b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381).
(Pub. L. 89–755, § 7, Nov. 3, 1966, 80 Stat. 1300.)
heading: References in Text
text: The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended. Chapter III of the Act is classified generally to subchapter III (§ 331 et seq.) of chapter 9 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
15 U.S.C. § 1457 (COMMERCE AND TRADE)
§ 1457. Omitted
heading: Codification
text: Section, Pub. L. 89–755, § 8, Nov. 3, 1966, 80 Stat. 1300; Pub. L. 93–608, § 3(2), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 97–375, title II, §§ 202(d), 206(b), Dec. 21, 1982, 96 Stat. 1822, 1823, which required officers and agencies required or authorized by this chapter to promulgate regulations, to transmit an annual report to Congress describing activities carried out for the administration and enforcement of this chapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, pages 54, 92, and 172 of House Document No. 103–7.
15 U.S.C. § 1458 (COMMERCE AND TRADE)
§ 1458. Cooperation with State authorities; transmittal of regulations to States; noninterference with existing programs
(a) A copy of each regulation promulgated under this chapter shall be transmitted promptly to the Secretary of Commerce, who shall (1) transmit copies thereof to all appropriate State officers and agencies, and (2) furnish to such State officers and agencies information and assistance to promote to the greatest practicable extent uniformity in State and Federal regulation of the labeling of consumer commodities.
(b) Nothing contained in this section shall be construed to impair or otherwise interfere with any program carried into effect by the Secretary of Health and Human Services under other provisions of law in cooperation with State governments or agencies, instrumentalities, or political subdivisions thereof.
(Pub. L. 89–755, § 9, Nov. 3, 1966, 80 Stat. 1301; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: Change of Name
text: “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
15 U.S.C. § 1460 (COMMERCE AND TRADE)
§ 1460. Savings provisions
Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede—
(a) the Federal Trade Commission Act [15 U.S.C. 41 et seq.] or any statute defined therein as an antitrust Act;
(b) the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; or
(c) the Federal Hazardous Substances Labeling Act [15 U.S.C. 1261 et seq.].
(Pub. L. 89–755, § 11, Nov. 3, 1966, 80 Stat. 1302.)
heading: References in Text
text: The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, 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.
The Federal Food, Drug, and Cosmetic Act, referred to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, 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.
The Federal Hazardous Substances Labeling Act, referred to in text, is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, as amended, which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables.
15 U.S.C. § 1461 (COMMERCE AND TRADE)
§ 1461. Effect upon State law
It is hereby declared that it is the express intent of Congress to supersede any and all laws of the States or political subdivisions thereof insofar as they may now or hereafter provide for the labeling of the net quantity of contents of the package of any consumer commodity covered by this chapter which are less stringent than or require information different from the requirements of section 1453 of this title or regulations promulgated pursuant thereto.
(Pub. L. 89–755, § 12, Nov. 3, 1966, 80 Stat. 1302.)
15 U.S.C. § 1473 (COMMERCE AND TRADE)
§ 1473. Conventional packages, marketing
(a) Noncomplying packages for elderly or handicapped persons; labeling statements
For the purpose of making any household substance which is subject to a standard established under section 1472 of this title readily available to elderly or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if—
(1) the manufacturer (or packer) also supplies such substance in packages which comply with such standard; and
(2) the packages of such substance which do not meet such standard bear conspicuous labeling stating: “This package for households without young children”; except that the Commission may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate such labeling.
(b) Noncomplying packages for substances dispensed pursuant to orders of medical practitioners
In the case of a household substance which is subject to such a standard and which is dispensed pursuant to an order of physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in such order or when requested by the purchaser.
(c) Exclusive use of special packaging; necessary circumstances
In the case of a household substance subject to such a standard which is packaged under subsection (a) of this section in a noncomplying package, if the Commission determines that such substance is not also being supplied by a manufacturer (or packer) in popular size packages which comply with such standard, it may, after giving the manufacturer (or packer) an opportunity to comply with the purposes of this Act, by order require such substance to be packaged by such manufacturer (or packer) exclusively in special packaging complying with such standard if it finds, after opportunity for hearing, that such exclusive use of special packaging is necessary to accomplish the purposes of this Act.
(Pub. L. 91–601, § 4, Dec. 30, 1970, 84 Stat. 1671; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231.)
heading: References in Text
text: For classification to the Code of “this Act”, referred to in subsec. (c), see References in Text note set out under section 1471 of this title.
heading: Transfer of Functions
text: “Commission” substituted for “Secretary” in subsecs. (a) and (c) and “it” substituted for “he” in subsec. (c) pursuant to section 30(a) of Pub. L. 92–573, which is classified to section 2079(a) of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Consumer Product Safety Commission.
15 U.S.C. § 1475 (COMMERCE AND TRADE)
§ 1475. Repealed. Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716
text: Section, Pub. L. 91–601, § 6, Dec. 30, 1970, 84 Stat. 1672, provided for appointment of a technical advisory committee to assist the Secretary in carrying out the purposes of the Poison Prevention Packaging Act of 1970.
heading: Effective Date of Repeal
text: Repeal effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 2052 of this title.
15 U.S.C. § 1477 (COMMERCE AND TRADE)
§ 1477. Enforcement by State Attorneys General
The attorney general of a State, or other authorized State officer, alleging a violation of a standard or rule promulgated under section 1472 of this title that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. The procedural requirements of section 2073(b) of this title shall apply to any such action.
(Pub. L. 91–601, § 9, as added Pub. L. 110–314, title II, § 218(b)(1), Aug. 14, 2008, 122 Stat. 3062.)
heading: Prior Provisions
text: A prior section 9 of Pub. L. 91–601 was renumbered section 8 and is set out as a note under section 1471 of this title.
15 U.S.C. § 1502, 1503 (COMMERCE AND TRADE)
§§ 1502, 1503. Omitted
heading: Codification
text: Section 1502, act June 5, 1939, ch. 180, § 1, 53 Stat. 808, established position of Under Secretary of Commerce. Position abolished by section 2(b)(2) of Reorg. Plan No. 3 of 1979, 44 F.R. 69273, 93 Stat. 1381, set out in the Appendix to Title 5, Government Organization and Employees.
Section 1503, act June 5, 1939, ch. 180, § 2, 53 Stat. 808, provided for performance by Under Secretary of Commerce of Secretary’s duties on latter’s death, absence, etc.
heading: Under Secretary for International Trade
text: The additional office of Under Secretary for International Trade, in the Department of Commerce, was provided for by section 2(c) of Reorg. Plan No. 3 of 1979, 44 F.R. 69273, 93 Stat. 1381, set out in the Appendix to Title 5, Government Organization and Employees, to be appointed by the President, by and with the advice and consent of the Senate, to receive compensation at the rate payable for Level III of the Executive Schedule, and to perform such duties and exercise such powers as the Secretary of Commerce may from time to time prescribe.
heading: Under Secretary for Transportation
text: The additional office of “Under Secretary of Commerce for Transportation”, in the Department of Commerce, was provided for by section 301 of Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, to be appointed by the President, by and with the advice and consent of the Senate, to receive compensation at the rate prescribed by law for Under Secretaries of Executive departments, and to perform such duties as the Secretary of Commerce shall prescribe.
15 U.S.C. § 1503a (COMMERCE AND TRADE)
§ 1503a. Under Secretary of Commerce for Economic Affairs
There shall be in the Department of Commerce an Under Secretary of Commerce for Economic Affairs who shall be appointed by the President by and with the advice and consent of the Senate. The Under Secretary shall perform such duties as the Secretary of Commerce shall prescribe.
(Pub. L. 97–195, § 1(a), June 16, 1982, 96 Stat. 115.)
15 U.S.C. § 1503b (COMMERCE AND TRADE)
§ 1503b. Under Secretary of Commerce for Oceans and Atmosphere; duties; appointment; compensation
There shall be in the Department of Commerce an Under Secretary of Commerce for Oceans and Atmosphere who shall serve as the Administrator of the National Oceanic and Atmospheric Administration established by Reorganization Plan No. 4 of 1970 [5 U.S.C. App.] and perform such duties as the Secretary of Commerce shall prescribe. The Under Secretary shall be appointed by the President by and with the advice and consent of the Senate and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314).
(Pub. L. 99–659, title IV, § 407(a), Nov. 14, 1986, 100 Stat. 3739.)
heading: References in Text
text: Reorganization Plan No. 4 of 1970, referred to in text, is set out under section 1511 of this title.
heading: Service by Incumbent Administrator and Deputy Administrator of the National Oceanic and Atmospheric Administration
text: Pub. L. 99–659, title IV, § 407(c), Nov. 14, 1986, 100 Stat. 3739, provided that:
“The individual serving on the date of enactment of this Act [Nov. 14, 1986]—
“(A) as the Administrator of the National Oceanic and Atmospheric Administration shall also serve as the Under Secretary of Commerce for Oceans and Atmosphere until such time as a successor is appointed under subsection (a) of this section [enacting this section]; and
“(B) as the Deputy Administrator of the National Oceanic and Atmospheric Administration shall also serve as the Assistant Secretary of Commerce for Oceans and Atmosphere until such time as a successor is appointed under subsection (b) of this section [enacting section 1507(c) of this title].”
15 U.S.C. § 1504 (COMMERCE AND TRADE)
§ 1504. Repealed. Pub. L. 97–195, § 1(c)(1), June 16, 1982, 96 Stat. 115
text: Section, acts Feb. 14, 1903, ch. 552, § 2, 32 Stat. 826; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Mar. 3, 1917, ch. 163, § 1, 39 Stat. 1111, provided for appointment by President of an Assistant Secretary of Commerce, who would perform such duties as prescribed by Secretary or required by law.
15 U.S.C. § 1505 (COMMERCE AND TRADE)
§ 1505. Additional Assistant Secretary; duties, rank of Assistant Secretaries
There shall be in the Department of Commerce one additional Assistant Secretary of Commerce, who shall be appointed by the President, by and with the advice and consent of the Senate. The Secretary of Commerce may assign to his Assistant Secretaries such duties, including the direction of the Bureau of Foreign and Domestic Commerce, as he shall prescribe, or may be required by law. The Assistant Secretaries of Commerce shall be without numerical distinction of rank.
(July 15, 1947, ch. 251, 61 Stat. 326.)
heading: Codification
text: Provisions of last sentence that fixed the compensation of the Assistant Secretaries of Commerce have been omitted as the positions are under the Executive Schedule under section 5315 of Title 5, Government Organization and Employees.
Section was formerly classified to section 592a of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
heading: Prior Provisions
text: Prior provisions for an additional Assistant Secretary of Commerce were contained in act May 20, 1926, ch. 344, § 8 (1st sentence), 44 Stat. 573, as amended June 23, 1938, ch. 601, § 1107(k), 52 Stat. 1029. Said position was terminated by section 592a–1 of former Title 5, Executive Departments and Government Officers and Employees. Section 8 of act May 20, 1926, was subsequently repealed by Pub. L. 85–726, title XIV, § 1401(a), Aug. 23, 1958, 72 Stat. 806, and Pub. L. 97–195, § 1(c)(2), June 16, 1982, 96 Stat. 115.
heading: Transfer of Functions
text: Pursuant to powers transferred to Secretary of Commerce under Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out as a note under section 1501 of this title, Secretary has reassigned functions of Bureau of Foreign and Domestic Commerce to other officers of Department.
heading: Order of Succession
text: For order of succession during any period when both Secretary and Deputy Secretary of Commerce are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13242, Dec. 18, 2001, 66 F.R. 66260, listed in a table under section 3345 of Title 5, Government Organization and Employees.
15 U.S.C. § 1506 (COMMERCE AND TRADE)
§ 1506. Additional Assistant Secretary; appointment; applicability of section 1505
There shall be on and after July 2, 1954 in the Department of Commerce, in addition to the Assistant Secretaries now provided for by law, one additional Assistant Secretary of Commerce, who shall be appointed by the President by and with the advice and consent of the Senate, and who shall be subject in all respects to the provisions of section 1505 of this title, relating to Assistant Secretaries of Commerce.
(July 2, 1954, ch. 456, title III, § 304, 68 Stat. 430.)
heading: Codification
text: Section constitutes the first sentence of section 304 of act July 2, 1954. The second sentence of such section 304 repealed section 3 of Reorg. Plan 5 of 1950, 15 F.R. 3174, 64 Stat. 1263, set out as a note under section 1501 of this title, which established the position of Administrative Assistant Secretary of Commerce.
Section was formerly classified to section 592a–3 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
15 U.S.C. § 1507 (COMMERCE AND TRADE)
§ 1507. Additional Assistant Secretary; appointment; compensation; duties
There shall be in the Department of Commerce, in addition to the Assistant Secretaries now provided by law, one additional Assistant Secretary of Commerce who shall be appointed by the President by and with the advice and consent of the Senate, shall receive compensation at the rate prescribed by law for Assistant Secretaries of Commerce, and shall perform such duties as the Secretary of Commerce shall prescribe.
(Pub. L. 87–405, Feb. 16, 1962, 76 Stat. 9.)
heading: Codification
text: Section was formerly classified to section 592a–4 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.