 So in original. The comma probably should not appear.

the nature of the substance involved, the severity of the risk of injury, the occurrence or absence of injury, and the amount of the substance distributed, and such other factors as appropriate. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged.

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–314, § 217(c)(3), substituted “5 years, a fine determined under section 3571 of title 18, or both.” for “one year, or a fine of not more than $3,000, or both such imprisonment and fine.”

Subsec. (b). Pub. L. 110–314, § 204(b)(4)(B), (H), substituted “Commission” for “Secretary” in cl. (1) and “Commission” for “Consumer Product Safety Commission” in cl. (3).

Subsec. (c)(1). Pub. L. 110–314, § 217(a)(2)(A), (B), substituted “$100,000” for “$5,000” and substituted “$15,000,000” for “$1,250,000” in two places.

Subsec. (c)(3). Pub. L. 110–314, § 217(b)(1)(B)(i), inserted “the nature, circumstances, extent, and gravity of the violation, including” after “shall consider”, substituted “substance distributed,” for “substance distributed, and”, and inserted “, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate” before period at end.

Subsec. (c)(4). Pub. L. 110–314, § 217(b)(1)(B)(ii)(II), inserted “, and such other factors as appropriate” after “substance distributed”.

Pub. L. 110–314, § 217(b)(1)(B)(ii)(I), which directed insertion of “, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including” after “person charged”, was executed by making the insertion after “persons charged” to reflect the probable intent of Congress.

Subsec. (c)(6)(B). Pub. L. 110–314, § 217(a)(2)(C), which directed substitution of “December 1, 2011,” for “December 1, 1994,” in par. (6)(B) of subsec. (c)(1), was executed by making the substitution in subsec. (c)(6)(B) to reflect the probable intent of Congress.

1990—Subsec. (c). Pub. L. 101–608, § 115(b), added subsec. (c).

Subsec. (d). Pub. L. 101–608, § 118(a), added subsec. (d).

1978—Subsec. (b)(3). Pub. L. 95–631 substituted “with respect to” for “in respect of” and made cl. (3) inapplicable when the Consumer Product Safety Commission determines that exportation of the substance presents an unreasonable risk of injury to persons residing within the United States.

1966—Subsec. (b). Pub. L. 89–756 substituted “a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms” for “in misbranded packages within the meaning of that term”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by section 217(a)(2) of Pub. L. 110–314 effective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title.

Civil Penalty Criteria

The Consumer Product Safety Commission to issue a final regulation providing its interpretation of penalty factors described in subsec. (c)(3) of this section no later than 1 year after Aug. 14, 2008, see section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title.