US Codex
U.S.C.
Notes

§55. Additional definitions — Inbound Citations

15 U.S.C. § 55

Cited by 319 provisions in release 119-102.

Citations to §55(a)(1)

  • 15 U.S.C. § 52(a)
    Go to provision →
    (a) It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—
    (1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or
    (2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.
  • 15 U.S.C. § 52(b)
    Go to provision →
    (b) The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of section 45 of this title.
  • 15 U.S.C. § 53(d)(1)
    Go to provision →
    (1) that restraining the dissemination of a false advertisement in any particular issue of such publication would delay the delivery of such issue after the regular time therefor, and
  • 15 U.S.C. § 53(d)(2)
    Go to provision →
    (2) that such delay would be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such false advertisement or any other advertisement,
  • 15 U.S.C. § 54(b)
    Go to provision →
    (b) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of advertising, except the manufacturer, packer, distributor, or seller of the commodity to which the false advertisement relates, shall be liable under this section by reason of the dissemination by him of any false advertisement, unless he has refused, on the request of the Commission, to furnish the Commission the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the United States, who caused him to disseminate such advertisement. No advertising agency shall be liable under this section by reason of the causing by it of the dissemination of any false advertisement, unless it has refused, on the request of the Commission, to furnish the Commission the name and post-office address of the manufacturer, packer, distributor, or seller, residing in the United States, who caused it to cause the dissemination of such advertisement.

Citations to §55(b)

  • 15 U.S.C. § 45d(c)
    Go to provision →
    (c) Nothing in this subtitle shall be construed to limit the authority of the Federal Trade Commission or the Food and Drug Administration under any other provision of law.
  • 15 U.S.C. § 52(a)(1)
    Go to provision →
    (1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or
  • 15 U.S.C. § 52(a)(2)
    Go to provision →
    (2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.
  • 15 U.S.C. § 54(a)
    Go to provision →
    (a) Any person, partnership, or corporation who violates any provision of section 52(a) of this title shall, if the use of the commodity advertised may be injurious to health because of results from such use under the conditions prescribed in the advertisement thereof, or under such conditions as are customary or usual, or if such violation is with intent to defraud or mislead, be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $5,000 or by imprisonment for not more than six months, or by both such fine and imprisonment; except that if the conviction is for a violation committed after a first conviction of such person, partnership, or corporation, for any violation of such section, punishment shall be by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both such fine and imprisonment: Provided, That for the purposes of this section meats and meat food products duly inspected, marked, and labeled in accordance with rules and regulations issued under the Meat Inspection Act [21 U.S.C. 601 et seq.] shall be conclusively presumed not injurious to health at the time the same leave official “establishments.”
  • 15 U.S.C. § 70j(a)(8)
    Go to provision →
    (8) bandages, surgical dressings, and other textile fiber products, the labeling of which is subject to the requirements of the Federal Food, Drug and Cosmetic Act of 1938, as amended [21 U.S.C. 301 et seq.];
  • 15 U.S.C. § 278e
    Go to provision →
    In the performance of the functions of the Institute the Secretary of Commerce is authorized to undertake the following activities: (a) The purchase, repair, and cleaning of uniforms for guards; (b) the care, maintenance, protection, repair, and alteration of Institute buildings and other plant facilities, equipment, and property; (c) the rental of field sites and laboratory, office, and warehouse space; (d) the purchase of reprints from technical journals or other periodicals and the payment of page charges for the publication of research papers and reports in such journals; (e) the furnishing of food and shelter without repayment therefor to employees of the Government at Arctic and Antarctic stations; (f) for the conduct of observations on radio propagation phenomena in the Arctic or Antarctic regions, the appointment of employees at base rates established by the Secretary of Commerce which shall not exceed such maximum rates as may be specified from time to time in the appropriation concerned, and without regard to the civil service and classification laws and sections 5542 to 5546 of title 5; (g) the erection on leased property of specialized facilities and working and living quarters when the Secretary of Commerce determines that this will best serve the interests of the Government; and (h) the provision of transportation services for employees of the Institute between the facilities of the Institute and nearby public transportation, notwithstanding section 1344 of title 31.
  • 15 U.S.C. § 278s(d)(1)(B)
    Go to provision →
    (B) has a predominant focus on a manufacturing process, novel material, enabling technology, supply chain integration methodology, or another relevant aspect of advanced manufacturing, such as nanotechnology applications, advanced ceramics, photonics and optics, composites, biobased and advanced materials, flexible hybrid technologies, tool development for microelectronics, food manufacturing, superconductors, advanced battery technologies, robotics, advanced sensors, quantum information science, supply chain water optimization, aeronautics and advanced materials, and graphene and graphene commercialization;
  • 15 U.S.C. § 278s(d)(1)(C)(i)
    Go to provision →
    (i) to improve the competitiveness of United States manufacturing, including key advanced manufacturing technologies such as nanotechnology, advanced ceramics, photonics and optics, composites, biobased and advanced materials, flexible hybrid technologies, tool development for microelectronics, food manufacturing, superconductors, advanced battery technologies, robotics, advanced sensors, quantum information science, supply chain water optimization, aeronautics and advanced materials, and graphene and graphene commercialization;
  • 15 U.S.C. § 278s(e)(6)
    Go to provision →
    (6) In awarding financial assistance under paragraph (1), an agency head, in coordination with the National Program Office, as the agency head considers appropriate, may collaborate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, including, as the agency head considers appropriate, the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Labor, the Food and Drug Administration, the National Aeronautics and Space Administration, the National Institutes of Health, and the National Science Foundation.
  • 15 U.S.C. § 278s(i)(2)(B)
    Go to provision →
    (B) to coordinate with and, as appropriate, enter into memorandums of understanding with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Labor, the Food and Drug Administration, the National Aeronautics and Space Administration, the National Institutes of Health, and the National Science Foundation, to carry out the purposes set forth under subsection (b)(2);
  • 15 U.S.C. § 278s(k)(7)(E)
    Go to provision →
    (E) at the Food and Drug Administration relating to biopharmaceutical manufacturing;
  • 15 U.S.C. § 325
    Go to provision →
    Appropriations now or hereafter provided for the National Weather Service shall be available for (a) furnishing food and shelter, without repayment therefor, to employees of the Government assigned to Arctic stations; (b) equipment and maintenance of meteorological offices and stations, and maintenance and operation of meteorological facilities outside the United States by contract or otherwise; (c) repairing, altering, and improving of buildings occupied by the National Weather Service, and care and preservation of grounds, including the construction of necessary outbuildings and sidewalks on public streets abutting National Weather Service grounds; (d) arranging for communication services at rates to be fixed by the Secretary of Commerce by agreement with the companies performing the services when determined to be advantageous to the Government; and (e) purchasing tabulating cards and continuous form tabulating paper.
  • 15 U.S.C. § 375(7)(C)(i)
    Go to provision →
    (i) approved by the Food and Drug Administration for—
    (I) sale as a tobacco cessation product; or
    (II) any other therapeutic purpose; and
  • 15 U.S.C. § 431
    Go to provision →
    When used in this chapter (a) the term “agricultural products”, means agricultural, horticultural, viticultural, and dairy products, food products of livestock, the products of poultry and bee raising, the edible products of forestry, and any and all products raised or produced on farms and processed or manufactured products thereof, transported or intended to be transported in interstate and/or foreign commerce.
  • 15 U.S.C. § 631(c)
    Go to provision →
    (c) It is the declared policy of the Congress that the Government, through the Small Business Administration, should aid and assist small business concerns which are engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries; and the financial assistance programs authorized by this chapter are also to be used to assist such concerns.
  • 15 U.S.C. § 632(a)(1)
    Go to provision →
    (1) For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.
  • 15 U.S.C. § 647(b)
    Go to provision →
    (b) As used in this chapter, the term “agricultural enterprises” means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural-related industries.
  • 15 U.S.C. § 657a(c)(3)(C)
    Go to provision →
    (C) The price evaluation preference for purchases of agricultural commodities by the Secretary of Agriculture for export operations through international food aid programs administered by the Farm Service Agency shall be 5 percent on the first portion of a contract to be awarded that is not greater than 20 percent of the total volume of each commodity being procured in a single invitation.
  • 15 U.S.C. § 713c–3(e)(3)(B)(i)
    Go to provision →
    (i) One individual with experience in food distribution, marketing, retail, or food service.
  • 15 U.S.C. § 713d–2(a)
    Go to provision →
    (a) In order to alleviate shortages in foods and feeds, and to assist in stabilizing prices, the President shall carry out a program for the conservation of food and feed. In carrying out such program, the President is authorized, through the dissemination of information, educational and other campaigns, the furnishing of assistance, and such other voluntary and cooperative measures as he deems necessary or appropriate, to encourage and promote the efficient utilization, care, and preservation of food and feed, the elimination of practices which waste food and feed, the control and eradication of insects and rodents, the consumption of less of these foods and feeds which are in short supply and more of those foods and feeds which are in abundant supply, and other conservation practices. The authority herein conferred may be exercised by the President through such departments, agencies, independent establishments, and officials of the Federal Government and such State, local, and private agencies as he may determine.
  • 15 U.S.C. § 714
    Go to provision →
    For the purpose of stabilizing, supporting, and protecting farm income and prices, of assisting in the maintenance of balanced and adequate supplies of agricultural commodities, products thereof, foods, feeds, and fibers (hereinafter collectively referred to as “agricultural commodities”), and of facilitating the orderly distribution of agricultural commodities, there is created a body corporate to be known as Commodity Credit Corporation (hereinafter referred to as the “Corporation”), which shall be an agency and instrumentality of the United States, within the Department of Agriculture, subject to the general supervision and direction of the Secretary of Agriculture (hereinafter referred to as the “Secretary”).
  • 15 U.S.C. § 1021(c)
    Go to provision →
    (c) The Congress further declares that inflation is a major national problem requiring improved government policies relating to food, energy, improved and coordinated fiscal and monetary management, the reform of outmoded rules and regulations of the Federal Government, the correction of structural defects in the economy that prevent or seriously impede competition in private markets, and other measures to reduce the rate of inflation.
  • 15 U.S.C. § 1022c(C)(i)
    Go to provision →
    (i) production levels adequate to meet the nutritional needs of all Americans and respond to rising food requirements throughout the world;
  • 15 U.S.C. § 1022e(c)(2)
    Go to provision →
    (2) programs and policies for alleviating shortages of goods, services, labor, and capital, with particular emphasis on food, energy, and critical industrial materials to aid in stabilizing prices;
  • 15 U.S.C. § 1261(f)(2)
    Go to provision →
    (2) The term “hazardous substance” shall not apply to pesticides subject to the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], nor to foods, drugs and cosmetics subject to the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], nor to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house, nor to tobacco and tobacco products, but such term shall apply to any article which is not itself a pesticide within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act but which is a hazardous substance within the meaning of subparagraph (1) of this paragraph by reason of bearing or containing such a pesticide.
  • 15 U.S.C. § 1263(f)
    Go to provision →
    (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.].
  • 15 U.S.C. § 1277(b)(1)
    Go to provision →
    (1) The term “art material or art material product” shall mean any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any medium. The term does not include economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.] or drugs, devices, or cosmetics subject to the Federal Food, Drug, and Cosmetics Act [21 U.S.C. 301 et seq.].
  • 15 U.S.C. § 1333(b)(4)
    Go to provision →
    (4) The Secretary may, through a rulemaking under section 553 of title 5, adjust the format and type sizes for the label statements required by this section; the text, format, and type sizes of any required tar, nicotine yield, or other constituent (including smoke constituent) disclosures; or the text, format, and type sizes for any other disclosures required under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. The text of any such label statements or disclosures shall be required to appear only within the 20 percent area of cigarette advertisements provided by paragraph (2). The Secretary shall promulgate regulations which provide for adjustments in the format and type sizes of any text required to appear in such area to ensure that the total text required to appear by law will fit within such area.
  • 15 U.S.C. § 1333(d)
    Go to provision →
    (d) Not later than 24 months after June 22, 2009, the Secretary shall issue regulations that require color graphics depicting the negative health consequences of smoking to accompany the label statements specified in subsection (a)(1). The Secretary may adjust the type size, text and format of the label statements specified in subsections (a)(2) and (b)(2) as the Secretary determines appropriate so that both the graphics and the accompanying label statements are clear, conspicuous, legible and appear within the specified area.
  • 15 U.S.C. § 1333(e)(3)
    Go to provision →
    (3) In addition to the disclosures required by paragraph (1), the Secretary may, under a rulemaking conducted under section 553 of title 5, prescribe disclosure requirements regarding the level of any cigarette or other tobacco product constituent including any smoke constituent. Any such disclosure may be required if the Secretary determines that disclosure would be of benefit to the public health, or otherwise would increase consumer awareness of the health consequences of the use of tobacco products, except that no such prescribed disclosure shall be required on the face of any cigarette package or advertisement. Nothing in this section shall prohibit the Secretary from requiring such prescribed disclosure through a cigarette or other tobacco product package or advertisement insert, or by any other means under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].
  • 15 U.S.C. § 1453(a)(6)
    Go to provision →
    (6) The requirement of paragraph (2) that the statement of net quantity of contents include a statement in terms of the SI metric system shall not apply to foods that are packaged at the retail store level.
  • 15 U.S.C. § 1454(a)
    Go to provision →
    (a) The authority to promulgate regulations under this chapter is vested in (A) the Secretary of Health and Human Services (referred to hereinafter as the “Secretary”) with respect to any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 321 of title 21; and (B) the Federal Trade Commission (referred to hereinafter as the “Commission”) with respect to any other consumer commodity.
  • 15 U.S.C. § 1454(c)(3)
    Go to provision →
    (3) require that the label on each package of a consumer commodity (other than one which is a food within the meaning of section 321(f) of title 21) bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or
  • 15 U.S.C. § 1456(a)
    Go to provision →
    (a) 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.
  • 15 U.S.C. § 1456(b)
    Go to provision →
    (b) 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.
  • 15 U.S.C. § 1456(c)
    Go to provision →
    (c) 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).
  • 15 U.S.C. § 1459(a)
    Go to provision →
    (a) The term “consumer commodity”, except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]), and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include—
    (1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product;
    (2) any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of March 4, 1913 (37 Stat. 832–833; 21 U.S.C. 151–157)),1 commonly known as the Virus-Serum-Toxin Act;
    (3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1) and 356);
    (4) any beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.); or
    (5) any commodity subject to the provisions of the Federal Seed Act (7 U.S.C. 1551–161)0).1
  • 15 U.S.C. § 1459(a)(3)
    Go to provision →
    (3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1) and 356);
  • 15 U.S.C. § 1460(b)
    Go to provision →
    (b) the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; or
  • 15 U.S.C. § 1471(2)(B)
    Go to provision →
    (B) a food, drug, or cosmetic as those terms are defined in section 321 of title 21; or
  • 15 U.S.C. § 1472a(b)(1)(A)
    Go to provision →
    (A) authority under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Family Smoking Prevention and Tobacco Control Act (Public Law 111–31) and the amendments made by such Act; and
  • 15 U.S.C. § 1472a(b)(1)(B)
    Go to provision →
    (B) authority for the rulemaking entitled “Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; regulations on the Sale and Distribution of Tobacco Products and the Required Warning Statements for Tobacco Products” (April 2014) (FDA–2014–N–0189), the rulemaking entitled “Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products” (June 2015) (FDA–2015–N–1514), and subsequent actions by the Secretary regarding packaging of liquid nicotine containers.
  • 15 U.S.C. § 1514(b)
    Go to provision →
    (b) when deemed necessary by the Secretary of Commerce, purchasing, transporting, storing, and distributing food and other subsistence supplies for resale to employees of the Department of Commerce and other Federal agencies (including Army, Navy, and Air Force personnel where Army, Navy, or Air Force facilities or supplies are not available and upon request of the service concerned), and their dependents, in Alaska and other points outside the continental United States at a reasonable value as determined by the Secretary of Commerce, the proceeds from such resales to be credited to the appropriation from which the expenditure was made;
  • 15 U.S.C. § 1514(d)
    Go to provision →
    (d) reimbursement, under regulations prescribed by the Secretary, of officers and employees in or under the Department of Commerce, for food, clothing, medicines, and other supplies furnished by them in emergencies for the temporary relief of distressed persons in remote localities;
  • 15 U.S.C. § 1650(a)(3)(B)(ii)
    Go to provision →
    (ii) food, refreshments, training, or informational material furnished to an officer, employee, or agent of a covered educational institution, as an integral part of a training session or through participation in an advisory council that is designed to improve the service of the private educational lender to the covered educational institution, if such training or participation contributes to the professional development of the officer, employee, or agent of the covered educational institution;
  • 15 U.S.C. § 2229(k)(4)(B)(iii)(III)
    Go to provision →
    (III) Changes in percentages of individuals eligible to receive food stamps from previous years.
  • 15 U.S.C. § 2229a(d)(2)(C)(iii)
    Go to provision →
    (iii) Changes in percentages of individuals eligible to receive food stamps from previous years.
  • 15 U.S.C. § 2602(2)(B)
    Go to provision →
    (B) Such term does not include—
    (i) any mixture,
    (ii) any pesticide (as defined in the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]) when manufactured, processed, or distributed in commerce for use as a pesticide,
    (iii) tobacco or any tobacco product,
    (iv) any source material, special nuclear material, or byproduct material (as such terms are defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] and regulations issued under such Act),
    (v) any article the sale of which is subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181] (determined without regard to any exemptions from such tax provided by section 4182 or 4221 or any other provision of such Code) and any component of such an article (limited to shot shells, cartridges, and components of shot shells and cartridges), and
    (vi) any food, food additive, drug, cosmetic, or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321]) when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic, or device.
    The term “food” as used in clause (vi) of this subparagraph includes poultry and poultry products (as defined in sections 4(e) and 4(f) of the Poultry Products Inspection Act [21 U.S.C. 453(e) and (f)]), meat and meat food products (as defined in section 1(j) of the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and eggs and egg products (as defined in section 4 of the Egg Products Inspection Act [21 U.S.C. 1033]).
  • 15 U.S.C. § 2602(2)(B)(vi)
    Go to provision →
    (vi) any food, food additive, drug, cosmetic, or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321]) when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic, or device.
  • 15 U.S.C. § 2603(e)(2)(A)(x)
    Go to provision →
    (x) One member appointed by the Commissioner of Food and Drugs from employees of the Food and Drug Administration.
  • 15 U.S.C. § 2642(13)(A)
    Go to provision →
    (A) any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food,
  • 15 U.S.C. § 2685(c)(3)(B)
    Go to provision →
    (B) Food.
  • 15 U.S.C. § 2901(1)
    Go to provision →
    (1) Weather and climate change affect food production, energy use, land use, water resources and other factors vital to national security and human welfare.
  • 15 U.S.C. § 2904(d)(1)
    Go to provision →
    (1) assessments of the effect of climate on the natural environment, agricultural production, energy supply and demand, land and water resources, transportation, human health and national security. Such assessments shall be conducted to the maximum extent possible by those Federal agencies having national programs in food, fiber, raw materials, energy, transportation, land and water management, and other such responsibilities, in accordance with existing laws and regulations. Where appropriate such assessments may include recommendations for action;
  • 15 U.S.C. § 2904(f)(2)
    Go to provision →
    (2) The Secretary and the Secretary of State shall cooperate with the Office in (A) providing representation at climate-related international meetings and conferences in which the United States participates, and (B) coordinating the activities of the Program with the climate programs of other nations and international agencies and organizations, including the World Meteorological Organization, the International Council of Scientific Unions, the United Nations Environmental Program, the United Nations Educational, Scientific, and Cultural Organization, the World Health Organization, and Food and Agriculture Organization.
  • 15 U.S.C. § 3391(c)
    Go to provision →
    (c) The Secretary of Agriculture shall certify to the Secretary of Energy and the Commission the natural gas requirements (expressed either as volumes or percentages of use) of persons (or classes thereof) for essential agricultural uses in order to meet the requirements of full food and fiber production.
  • 15 U.S.C. § 3391(f)(1)
    Go to provision →
    (1) The term “essential agricultural use”, when used with respect to natural gas, means any use of natural gas—
    (A) for agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, irrigation pumping, crop drying, or
    (B) as a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food,
    which the Secretary of Agriculture determines is necessary for full food and fiber production.
  • 15 U.S.C. § 3391(f)(1)(A)
    Go to provision →
    (A) for agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, irrigation pumping, crop drying, or
  • 15 U.S.C. § 3391(f)(1)(B)
    Go to provision →
    (B) as a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food,
  • 15 U.S.C. § 3391a(3)
    Go to provision →
    (3) for the 5-year period beginning on June 30, 1980, include use of natural gas in the distillation of fuel-grade alcohol from food grains or other biomass by facilities in existence on June 30, 1980, which do not have the installed capability to burn coal lawfully.
  • 15 U.S.C. § 4402(b)(4)
    Go to provision →
    (4) The Secretary may, through a rulemaking under section 553 of title 5, adjust the format and type sizes for the label statements required by this section; the text, format, and type sizes of any required tar, nicotine yield, or other constituent disclosures; or the text, format, and type sizes for any other disclosures required under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. The text of any such label statements or disclosures shall be required to appear only within the 20 percent area of advertisements provided by paragraph (2). The Secretary shall promulgate regulations which provide for adjustments in the format and type sizes of any text required to appear in such area to ensure that the total text required to appear by law will fit within such area.
  • 15 U.S.C. § 4402(d)
    Go to provision →
    (d) The Secretary may, by a rulemaking conducted under section 553 of title 5, adjust the format, type size, and text of any of the label requirements, require color graphics to accompany the text, increase the required label area from 30 percent up to 50 percent of the front and rear panels of the package, or establish the format, type size, and text of any other disclosures required under the Federal Food, Drug, and Cosmetic Act, if the Secretary finds that such a change would promote greater public understanding of the risks associated with the use of smokeless tobacco products.
  • 15 U.S.C. § 7610(2)
    Go to provision →
    (2) The term “prescriber” means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration.
  • 15 U.S.C. § 8111(b)(3)(A)(i)(VII)
    Go to provision →
    (VII) The Food and Drug Administration of the Department of Health and Human Services.
  • 15 U.S.C. § 9009a(a)(3)(A)(i)(II)
    Go to provision →
    (II) for which not less than 70 percent of the earned revenue of the individual or entity is generated through, to the extent related to a live event described in subclause (I), cover charges or ticket sales, production fees or production reimbursements, nonprofit educational initiatives, or the sale of event beverages, food, or merchandise; or
  • 15 U.S.C. § 9009c(a)(4)(A)
    Go to provision →
    (A) means a restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public may taste, sample, or purchase products, or other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink;
  • 15 U.S.C. § 9009c(c)(5)(G)
    Go to provision →
    (G) Food and beverage expenses that are within the scope of the normal business practice of the eligible entity before the covered period.
  • 15 U.S.C. § 9071(2)
    Go to provision →
    (2) the term “airline catering services” means preparation, assembly, or both, of food, beverages, provisions and related supplies for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft;
  • 15 U.S.C. § 9091(1)
    Go to provision →
    (1) the term “catering functions” means preparation, assembly, or both, of food, beverages, provisions and related supplies for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft;
  • 15 U.S.C. § 9141(a)(1)
    Go to provision →
    (1) the term “catering functions” means preparation, assembly, or both, of food, beverages, provisions and related supplies for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft;
  • 15 U.S.C. § 9301(d)
    Go to provision →
    (d) The Entity shall include representatives, including subject matter experts, from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, the Department of Energy, the Department of Agriculture, the Department of Defense, the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other related Federal agencies, as appropriate.

Citations to §55(c)

Citations to §55(d)

  • 15 U.S.C. § 52(a)(1)
    Go to provision →
    (1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or
  • 15 U.S.C. § 52(a)(2)
    Go to provision →
    (2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.
  • 15 U.S.C. § 53(d)(2)
    Go to provision →
    (2) that such delay would be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such false advertisement or any other advertisement,
  • 15 U.S.C. § 70j(a)(11)
    Go to provision →
    (11) textile fiber products incorporated in headwear, handbags, luggage, brushes, lampshades, or toys, catamenial devices, adhesive tapes and adhesive sheets, cleaning cloths impregnated with chemicals, or diapers.
  • 15 U.S.C. § 77p(b)(2)
    Go to provision →
    (2) that the defendant used or employed any manipulative or deceptive device or contrivance in connection with the purchase or sale of a covered security.
  • 15 U.S.C. § 77q(a)(1)
    Go to provision →
    (1) to employ any device, scheme, or artifice to defraud, or
  • 15 U.S.C. § 78bb(f)(1)(B)
    Go to provision →
    (B) that the defendant used or employed any manipulative or deceptive device or contrivance in connection with the purchase or sale of a covered security.
  • 15 U.S.C. § 78c(a)(22)(A)
    Go to provision →
    (A) The term “securities information processor” means any person engaged in the business of (i) collecting, processing, or preparing for distribution or publication, or assisting, participating in, or coordinating the distribution or publication of, information with respect to transactions in or quotations for any security (other than an exempted security) or (ii) distributing or publishing (whether by means of a ticker tape, a communications network, a terminal display device, or otherwise) on a current and continuing basis, information with respect to such transactions or quotations. The term “securities information processor” does not include any bona fide newspaper, news magazine, or business or financial publication of general and regular circulation, any self-regulatory organizations, any bank, broker, dealer, building and loan, savings and loan, or homestead association, or cooperative bank, if such bank, broker, dealer, association, or cooperative bank would be deemed to be a securities information processor solely by reason of functions performed by such institutions as part of customary banking, brokerage, dealing, association, or cooperative bank activities, or any common carrier, as defined in section 153 of title 47, subject to the jurisdiction of the Federal Communications Commission or a State commission, as defined in section 153 of title 47, unless the Commission determines that such carrier is engaged in the business of collecting, processing, or preparing for distribution or publication, information with respect to transactions in or quotations for any security.
  • 15 U.S.C. § 78g(e)
    Go to provision →
    (e) The provisions of this section or the rules and regulations thereunder shall not apply on or before July 1, 1937, to any loan or extension of credit made prior to June 6, 1934, or to the maintenance, renewal, or extension of any such loan or credit, except to the extent that the Board of Governors of the Federal Reserve System may by rules and regulations prescribe as necessary to prevent the circumvention of the provisions of this section or the rules and regulations thereunder by means of withdrawals of funds or securities, substitutions of securities, or additional purchases or by any other device.
  • 15 U.S.C. § 78j(b)
    Go to provision →
    (b) To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based swap agreement1 any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.
  • 15 U.S.C. § 78jjj(c)(1)(A)
    Go to provision →
    (A) employs any device, scheme, or artifice to defraud;
  • 15 U.S.C. § 78o(c)(1)(A)
    Go to provision →
    (A) No broker or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of, any security (other than commercial paper, bankers’ acceptances, or commercial bills), or any security-based swap agreement by means of any manipulative, deceptive, or other fraudulent device or contrivance.
  • 15 U.S.C. § 78o(c)(1)(B)
    Go to provision →
    (B) No broker, dealer, or municipal securities dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of, any municipal security or any security-based swap agreement involving a municipal security by means of any manipulative, deceptive, or other fraudulent device or contrivance.
  • 15 U.S.C. § 78o(c)(1)(C)
    Go to provision →
    (C) No government securities broker or government securities dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or to attempt to induce the purchase or sale of, any government security or any security-based swap agreement involving a government security by means of any manipulative, deceptive, or other fraudulent device or contrivance.
  • 15 U.S.C. § 78o–10(h)(4)(A)(i)
    Go to provision →
    (i) to employ any device, scheme, or artifice to defraud any special entity or prospective customer who is a special entity;
  • 15 U.S.C. § 80b–6(1)
    Go to provision →
    (1) to employ any device, scheme, or artifice to defraud any client or prospective client;
  • 15 U.S.C. § 232
    Go to provision →
    All barrels packed with apples shall be deemed to be below standard if the barrel bears any statement, design, or device indicating that the barrel is a standard barrel of apples, as defined in section 231 of this title, and the capacity of the barrel is less than the capacity prescribed by said section, unless the barrel shall be plainly marked on end and side with words or figures showing the fractional relation which the actual capacity of the barrel bears to the capacity prescribed by said section. The marking required by this section shall be in block letters of size not less than seventy-two point (one-inch) gothic.
  • 15 U.S.C. § 272(b)(12)
    Go to provision →
    (12) to invent, develop, and (when appropriate) promote transfer to the private sector of measurement devices to serve special national needs; and
  • 15 U.S.C. § 272(c)(11)
    Go to provision →
    (11) perform research on electromagnetic waves, including optical waves, and on properties and performance of electrical, electronic, and electromagnetic devices and systems and their essential materials, develop and maintain related standards, and disseminate standard signals through broadcast and other means;
  • 15 U.S.C. § 278g–3a(6)
    Go to provision →
    (6) The term “operational technology” means hardware and software that detects or causes a change through the direct monitoring or control of physical devices, processes, and events in the enterprise.
  • 15 U.S.C. § 278g–3b(a)(1)
    Go to provision →
    (1) Not later than 90 days after December 4, 2020, the Director of the Institute shall develop and publish under section 278g–3 of this title standards and guidelines for the Federal Government on the appropriate use and management by agencies of Internet of Things devices owned or controlled by an agency and connected to information systems owned or controlled by an agency, including minimum information security requirements for managing cybersecurity risks associated with such devices.
  • 15 U.S.C. § 278g–3b(a)(2)(A)(i)
    Go to provision →
    (i) examples of possible security vulnerabilities of Internet of Things devices; and
  • 15 U.S.C. § 278g–3b(a)(2)(A)(ii)
    Go to provision →
    (ii) considerations for managing the security vulnerabilities of Internet of Things devices; and
  • 15 U.S.C. § 278g–3b(a)(2)(B)
    Go to provision →
    (B) with respect to the following considerations for Internet of Things devices:
    (i) Secure Development.
    (ii) Identity management.
    (iii) Patching.
    (iv) Configuration management.
  • 15 U.S.C. § 278g–3b(b)(1)
    Go to provision →
    (1) Not later than 180 days after the date on which the Director of the Institute completes the development of the standards and guidelines required under subsection (a), the Director of OMB shall review agency information security policies and principles on the basis of the standards and guidelines published under subsection (a) pertaining to Internet of Things devices owned or controlled by agencies (excluding agency information security policies and principles pertaining to Internet of Things of devices owned or controlled by agencies that are or comprise a national security system) for consistency with the standards and guidelines submitted under subsection (a) and issue such policies and principles as may be necessary to ensure those policies and principles are consistent with such standards and guidelines.
  • 15 U.S.C. § 278g–3c(a)(1)(A)
    Go to provision →
    (A) a security vulnerability relating to information systems owned or controlled by an agency (including Internet of Things devices owned or controlled by an agency); and
  • 15 U.S.C. § 278g–3c(a)(2)
    Go to provision →
    (2) for a contractor providing to an agency an information system (including an Internet of Things device) and any subcontractor thereof at any tier providing such information system to such contractor, on—
    (A) receiving information about a potential security vulnerability relating to the information system; and
    (B) disseminating information about the resolution of a security vulnerability relating to the information system.
  • 15 U.S.C. § 278g–3c(b)(2)(A)
    Go to provision →
    (A) receiving information about a potential security vulnerability relating to an information system owned or controlled by an agency (including an Internet of Things device); and
  • 15 U.S.C. § 278g–3c(b)(2)(B)
    Go to provision →
    (B) disseminating information about the resolution of a security vulnerability relating to an information system owned or controlled by an agency (including an Internet of Things device); and
  • 15 U.S.C. § 278g–3c(c)
    Go to provision →
    (c) The guidelines published under subsection (a) shall include example content, on the information items that should be reported, coordinated, published, or received pursuant to this section by a contractor, or any subcontractor thereof at any tier, providing an information system (including Internet of Things device) to the Federal Government.
  • 15 U.S.C. § 278g–3d(a)
    Go to provision →
    (a) Not later than 2 years after December 4, 2020, the Director of OMB, in consultation with the Secretary, shall develop and oversee the implementation of policies, principles, standards, or guidelines as may be necessary to address security vulnerabilities of information systems (including Internet of Things devices).
  • 15 U.S.C. § 278g–3d(b)
    Go to provision →
    (b) Consistent with section 3553(b) of title 44, the Secretary, in consultation with the Director of OMB, shall provide operational and technical assistance to agencies on reporting, coordinating, publishing, and receiving information about security vulnerabilities of information systems (including Internet of Things devices).
  • 15 U.S.C. § 278g–3e(a)(1)
    Go to provision →
    (1) The head of an agency is prohibited from procuring or obtaining, renewing a contract to procure or obtain, or using an Internet of Things device, if the Chief Information Officer of that agency determines during a review required by section 11319(b)(1)(C) of title 40 of a contract for such device that the use of such device prevents compliance with the standards and guidelines developed under section 278g–3b of this title or the guidelines published under section 278g–3c of this title with respect to such device.
  • 15 U.S.C. § 278g–3e(b)(1)
    Go to provision →
    (1) The head of an agency may waive the prohibition under subsection (a)(1) with respect to an Internet of Things device if the Chief Information Officer of that agency determines that—
    (A) the waiver is necessary in the interest of national security;
    (B) procuring, obtaining, or using such device is necessary for research purposes; or
    (C) such device is secured using alternative and effective methods appropriate to the function of such device.
  • 15 U.S.C. § 278g–3e(b)(1)(B)
    Go to provision →
    (B) procuring, obtaining, or using such device is necessary for research purposes; or
  • 15 U.S.C. § 278g–3e(b)(1)(C)
    Go to provision →
    (C) such device is secured using alternative and effective methods appropriate to the function of such device.
  • 15 U.S.C. § 278g–3e(c)(1)(B)
    Go to provision →
    (B) that contains recommended best practices for the procurement of Internet of Things devices; and
  • 15 U.S.C. § 278g–3e(c)(1)(C)(i)
    Go to provision →
    (i) the number and type of each Internet of Things device for which a waiver under subsection (b)(1) was granted during the 2-year period prior to the submission of the report; and
  • 15 U.S.C. § 291
    Go to provision →
    It shall be unlawful for any person, partnership, association, or corporation engaged in commerce among the several States, Territories, District of Columbia, and possessions of the United States, or with any foreign country, to stamp any gold, silver, or goods manufactured therefrom, and which are intended and used in such commerce, with the words “United States assay”, or with any words, phrases, or devices calculated to convey the impression that the United States Government has certified to the fineness or quality of such gold or silver, or of the gold or silver contained in any of the goods manufactured therefrom. Each and every such stamp shall constitute a separate offense.
  • 15 U.S.C. § 292
    Go to provision →
    Any gold, silver, or goods manufactured therefrom after February 21, 1905, bearing any of the stamps, words, phrases, or devices prohibited to be used under section 291 of this title, and being in the course of transportation from one State to another, or to or from a Territory, the District of Columbia, or possessions of the United States, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law.
  • 15 U.S.C. § 375(7)(A)
    Go to provision →
    (A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;
  • 15 U.S.C. § 375(7)(B)(vii)
    Go to provision →
    (vii) any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and
  • 15 U.S.C. § 431(d)
    Go to provision →
    (d) For the purposes of this chapter (but not in any wise limiting the foregoing definition of interstate commerce) a transaction in respect to any article shall be considered to be in interstate commerce if such article is part of that current of commerce usual in dealing in agricultural products whereby they are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State or for manufacture within the State and the shipment outside the State of the products resulting from such manufacture. Articles normally in such current of commerce shall not be considered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter. For the purpose of this paragraph the word “State” includes Territory, the District of Columbia, possession of the United States, and foreign nation.
  • 15 U.S.C. § 632(g)(3)
    Go to provision →
    (3) a product or service the primary purpose of which is conservation of energy through devices or techniques which increase the energy efficiency of existing equipment, methods of operation, or systems which use fossil fuels, and which is on the Energy Conservation Measures list of the Secretary of Energy or which the Administrator determines to be consistent with the intent of this subsection;
  • 15 U.S.C. § 638(e)(5)
    Go to provision →
    (5) the term “research” or “research and development” means any activity which is (A) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied; (B) a systematic study directed specifically toward applying new knowledge to meet a recognized need; or (C) a systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements;
  • 15 U.S.C. § 717c–1
    Go to provision →
    It shall be unlawful for any entity, directly or indirectly, to use or employ, in connection with the purchase or sale of natural gas or the purchase or sale of transportation services subject to the jurisdiction of the Commission, any manipulative or deceptive device or contrivance (as those terms are used in section 78j(b) of this title) in contravention of such rules and regulations as the Commission may prescribe as necessary in the public interest or for the protection of natural gas ratepayers. Nothing in this section shall be construed to create a private right of action.
  • 15 U.S.C. § 1003(b)
    Go to provision →
    (b) Notwithstanding the provisions of subsection (a), such right to use the Golden Gate Bridge free of toll may be established by any other device or means which may be acceptable to the Golden Gate Bridge and Highway District; and the Secretary of the Army and the Golden Gate Bridge and Highway District, and the Secretary of the Navy and the Golden Gate Bridge and Highway District, may enter into any appropriate agreements to secure the effective, convenient, and just exercise of such right.
  • 15 U.S.C. § 1006(b)
    Go to provision →
    (b) Notwithstanding the provisions of subsection (a), such right to use the San Francisco-Oakland Bay Bridge free of toll may be established by any other device or means which may be acceptable to the California Toll Bridge Authority; and the Secretary of the appropriate Department and the California Toll Bridge Authority may enter into any appropriate agreements to secure the effective, convenient, and just exercise of such right.
  • 15 U.S.C. § 1091(c)
    Go to provision →
    (c) For the purposes of registration on the supplemental register, a mark may consist of any trademark, symbol, label, package, configuration of goods, name, word, slogan, phrase, surname, geographical name, numeral, device, any matter that as a whole is not functional, or any combination of any of the foregoing, but such mark must be capable of distinguishing the applicant’s goods or services.
  • 15 U.S.C. § 1114(2)(C)
    Go to provision →
    (C) Injunctive relief shall not be available to the owner of the right infringed or person bringing the action under section 1125(a) of this title with respect to an issue of a newspaper, magazine, or other similar periodical or an electronic communication containing infringing matter or violating matter where restraining the dissemination of such infringing matter or violating matter in any particular issue of such periodical or in an electronic communication would delay the delivery of such issue or transmission of such electronic communication after the regular time for such delivery or transmission, and such delay would be due to the method by which publication and distribution of such periodical or transmission of such electronic communication is customarily conducted in accordance with sound business practice, and not due to any method or device adopted to evade this section or to prevent or delay the issuance of an injunction or restraining order with respect to such infringing matter or violating matter.
  • 15 U.S.C. § 1115(b)(4)
    Go to provision →
    (4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a mark, of the party’s individual name in his own business, or of the individual name of anyone in privity with such party, or of a term or device which is descriptive of and used fairly and in good faith only to describe the goods or services of such party, or their geographic origin; or
  • 15 U.S.C. § 1118
    Go to provision →
    In any action arising under this chapter, in which a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 1125(a) of this title, or a willful violation under section 1125(c) of this title, shall have been established, the court may order that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the possession of the defendant, bearing the registered mark or, in the case of a violation of section 1125(a) of this title or a willful violation under section 1125(c) of this title, the word, term, name, symbol, device, combination thereof, designation, description, or representation that is the subject of the violation, or any reproduction, counterfeit, copy, or colorable imitation thereof, and all plates, molds, matrices, and other means of making the same, shall be delivered up and destroyed. The party seeking an order under this section for destruction of articles seized under section 1116(d) of this title shall give ten days’ notice to the United States attorney for the judicial district in which such order is sought (unless good cause is shown for lesser notice) and such United States attorney may, if such destruction may affect evidence of an offense against the United States, seek a hearing on such destruction or participate in any hearing otherwise to be held with respect to such destruction.
  • 15 U.S.C. § 1125(a)(1)
    Go to provision →
    (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—
    (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
    (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
    shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
  • 15 U.S.C. § 1127
    Go to provision →
    In the construction of this chapter, unless the contrary is plainly apparent from the context—
  • 15 U.S.C. § 1171(a)(1)
    Go to provision →
    (1) any so-called “slot machine” or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or (B) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or
  • 15 U.S.C. § 1171(a)(2)
    Go to provision →
    (2) any other machine or mechanical device (including, but not limited to, roulette wheels and similar devices) designed and manufactured primarily for use in connection with gambling, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or (B) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or
  • 15 U.S.C. § 1171(a)(3)
    Go to provision →
    (3) any subassembly or essential part intended to be used in connection with any such machine or mechanical device, but which is not attached to any such machine or mechanical device as a constituent part.
  • 15 U.S.C. § 1173(a)(1)
    Go to provision →
    (1) It shall be unlawful for any person engaged in the business of manufacturing gambling devices, if the activities of such business in any way affect interstate or foreign commerce, to manufacture any gambling device during any calendar year, unless, after November 30 of the preceding calendar year, and before the date on which such device is manufactured, such person has registered with the Attorney General under this subsection, regardless of whether such device ever enters interstate or foreign commerce.
  • 15 U.S.C. § 1173(a)(2)
    Go to provision →
    (2) It shall be unlawful for any person during any calendar year to engage in the business of repairing, reconditioning, buying, selling, leasing, using, or making available for use by others any gambling device, if in such business he sells, ships, or delivers any such device knowing that it will be introduced into interstate or foreign commerce after the effective date of the Gambling Devices Act of 1962, unless, after November 30 of the preceding calendar year, and before the date such sale, shipment, or delivery occurs, such person has registered with the Attorney General under this subsection.
  • 15 U.S.C. § 1173(a)(3)
    Go to provision →
    (3) It shall be unlawful for any person during any calendar year to engage in the business of repairing, reconditioning, buying, selling, leasing, using, or making available for use by others any gambling device, if in such business he buys or receives any such device knowing that it has been transported in interstate or foreign commerce after the effective date of the Gambling Devices Act of 1962, unless, after November 30, of the preceding calendar year and before the date on which he buys or receives such device, such person has registered with the Attorney General under this subsection.
  • 15 U.S.C. § 1173(b)(1)
    Go to provision →
    (1) Every manufacturer of a gambling device defined in paragraph (a)(1) or (a)(2) of section 1171 of this title shall number seriatim each such gambling device manufactured by him and permanently affix on each such device, so as to be clearly visible, such number, his name, and, if different, any trade name under which he does business, and the date of manufacture of such device.
  • 15 U.S.C. § 1173(b)(2)
    Go to provision →
    (2) Every manufacturer of a gambling device defined in paragraph (a)(3) of section 1171 of this title shall, if the size of such device permits it, number seriatim each such gambling device manufactured by him and permanently affix on each such device, so as to be clearly visible, such number, his name, and, if different, any trade name under which he does business, and the date of manufacture of such device.
  • 15 U.S.C. § 1173(c)(2)
    Go to provision →
    (2) Such record shall show—
    (A) in the case of each such gambling device defined in paragraph (a)(1) or (a)(2) of section 1171 of this title, the information which is required to be affixed on such gambling device by subsection (b)(1) of this section; and
    (B) in the case of each such gambling device defined in paragraph (a)(3) of section 1171 of this title, the information required to be affixed on such gambling device by subsection (b)(2) of this section, or, if such gambling device does not have affixed on it any such information, its catalog listing, description, and, in the case of each such device owned or possessed by him or in his custody, its location.
    Such record shall also show (i) in the case of any such gambling device described in paragraph (1)(A) of this subsection, the name and address of the person from whom such device was purchased or acquired and the name and address of the carrier; and (ii) in the case of any such gambling device described in paragraph (1)(C) of this subsection, the name and address of the buyer and consignee thereof and the name and address of the carrier.
  • 15 U.S.C. § 1173(c)(2)(B)
    Go to provision →
    (B) in the case of each such gambling device defined in paragraph (a)(3) of section 1171 of this title, the information required to be affixed on such gambling device by subsection (b)(2) of this section, or, if such gambling device does not have affixed on it any such information, its catalog listing, description, and, in the case of each such device owned or possessed by him or in his custody, its location.
  • 15 U.S.C. § 1178(1)
    Go to provision →
    (1) to any machine or mechanical device designed and manufactured primarily for use at a racetrack in connection with parimutuel betting,
  • 15 U.S.C. § 1178(2)
    Go to provision →
    (2) to any machine or mechanical device, such as a coin-operated bowling alley, shuffleboard, marble machine (a so-called pinball machine), or mechanical gun, which is not designed and manufactured primarily for use in connection with gambling, and (A) which when operated does not deliver, as a result of the application of an element of chance, any money or property, or (B) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money or property, or
  • 15 U.S.C. § 1178(3)
    Go to provision →
    (3) to any so-called claw, crane, or digger machine and similar devices which are not operated by coin, are actuated by a crank, and are designed and manufactured primarily for use at carnivals or county or State fairs.
  • 15 U.S.C. § 1201(b)(3)
    Go to provision →
    (3) develop flammability test methods and testing devices; and
  • 15 U.S.C. § 1201(b)(4)
    Go to provision →
    (4) offer appropriate training in the use of flammability test methods and testing devices.
  • 15 U.S.C. § 1211
    Go to provision →
    It shall be unlawful for any person to introduce or deliver for introduction into interstate commerce any household refrigerator manufactured on or after the date this section takes effect unless it is equipped with a device, enabling the door thereof to be opened from the inside, which conforms with standards prescribed pursuant to section 1213 of this title.
  • 15 U.S.C. § 1213
    Go to provision →
    The Consumer Product Safety Commission shall prescribe and publish in the Federal Register commercial standards for devices which, when used in or on household refrigerators, will enable the doors thereof to be opened easily from the inside; and the standards first established under this section shall be so prescribed and published not later than one year after August 2, 1956.
  • 15 U.S.C. § 1241(b)(1)
    Go to provision →
    (1) by hand pressure applied to a button or other device in the handle of the knife, or
  • 15 U.S.C. § 1277(b)(1)
    Go to provision →
    (1) The term “art material or art material product” shall mean any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any medium. The term does not include economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.] or drugs, devices, or cosmetics subject to the Federal Food, Drug, and Cosmetics Act [21 U.S.C. 301 et seq.].
  • 15 U.S.C. § 1278a(b)(4)
    Go to provision →
    (4) If the Commission determines that it is not technologically feasible for certain electronic devices, including devices containing batteries, to comply with subsection (a), the Commission, by regulation, shall—
    (A) issue requirements to eliminate or minimize the potential for exposure to and accessibility of lead in such electronic devices, which may include requirements that such electronic devices be equipped with a child-resistant cover or casing that prevents exposure to and accessibility of the parts of the product containing lead; and
    (B) establish a schedule by which such electronic devices shall be in full compliance with the limits in subsection (a), unless the Commission determines that full compliance will not be technologically feasible for such devices within a schedule set by the Commission.
  • 15 U.S.C. § 1278a(b)(4)(A)
    Go to provision →
    (A) issue requirements to eliminate or minimize the potential for exposure to and accessibility of lead in such electronic devices, which may include requirements that such electronic devices be equipped with a child-resistant cover or casing that prevents exposure to and accessibility of the parts of the product containing lead; and
  • 15 U.S.C. § 1278a(b)(4)(B)
    Go to provision →
    (B) establish a schedule by which such electronic devices shall be in full compliance with the limits in subsection (a), unless the Commission determines that full compliance will not be technologically feasible for such devices within a schedule set by the Commission.
  • 15 U.S.C. § 1278a(d)(3)
    Go to provision →
    (3) industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or
  • 15 U.S.C. § 1454(a)
    Go to provision →
    (a) The authority to promulgate regulations under this chapter is vested in (A) the Secretary of Health and Human Services (referred to hereinafter as the “Secretary”) with respect to any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 321 of title 21; and (B) the Federal Trade Commission (referred to hereinafter as the “Commission”) with respect to any other consumer commodity.
  • 15 U.S.C. § 1456(a)
    Go to provision →
    (a) 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.
  • 15 U.S.C. § 1456(b)
    Go to provision →
    (b) 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.
  • 15 U.S.C. § 1459(a)
    Go to provision →
    (a) The term “consumer commodity”, except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]), and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include—
    (1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product;
    (2) any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of March 4, 1913 (37 Stat. 832–833; 21 U.S.C. 151–157)),1 commonly known as the Virus-Serum-Toxin Act;
    (3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1) and 356);
    (4) any beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.); or
    (5) any commodity subject to the provisions of the Federal Seed Act (7 U.S.C. 1551–161)0).1
  • 15 U.S.C. § 1501
    Go to provision →
    There shall be at the seat of government an executive department to be known as the Department of Commerce, and a Secretary of Commerce, who shall be the head thereof, who shall be appointed by the President, by and with the advice and consent of the Senate, and whose term and tenure of office shall be like that of the heads of the other executive departments; and the provisions of title 4 of the Revised Statutes, including all amendments thereto, shall be applicable to said department. The said Secretary shall cause a seal of office to be made for the said department of such device as the President shall approve, and judicial notice shall be taken of the said seal.
  • 15 U.S.C. § 1602(l)
    Go to provision →
    (l) The term “credit card” means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.
  • 15 U.S.C. § 1637(c)(4)(E)
    Go to provision →
    (E) For the purposes of this subsection, the term “charge card” means a card, plate, or other single credit device that may be used from time to time to obtain credit which is not subject to a finance charge.
  • 15 U.S.C. § 1681a(d)(2)(B)
    Go to provision →
    (B) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
  • 15 U.S.C. § 1681b(g)(1)(C)
    Go to provision →
    (C) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c(a)(6) of this title.
  • 15 U.S.C. § 1681c(a)(6)(A)
    Go to provision →
    (A) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or
  • 15 U.S.C. § 1681c(g)(3)(A)
    Go to provision →
    (A) 3 years after December 4, 2003, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before January 1, 2005; and
  • 15 U.S.C. § 1681c(g)(3)(B)
    Go to provision →
    (B) 1 year after December 4, 2003, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after January 1, 2005.
  • 15 U.S.C. § 1681s–2(a)(9)
    Go to provision →
    (9) A person whose primary business is providing medical services, products, or devices, or the person’s agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status.
  • 15 U.S.C. § 1693a(8)
    Go to provision →
    (8) the term “electronic terminal” means an electronic device, other than a telephone operated by a consumer, through which a consumer may initiate an electronic fund transfer. Such term includes, but is not limited to, point-of-sale terminals, automated teller machines, and cash dispensing machines;
  • 15 U.S.C. § 1693l–1(a)(2)(A)
    Go to provision →
    (A) The term “general-use prepaid card” means a card or other payment code or device issued by any person that is—
    (i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines;
    (ii) issued in a requested amount, whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder;
    (iii) purchased or loaded on a prepaid basis; and
    (iv) honored, upon presentation, by merchants for goods or services, or at automated teller machines.
  • 15 U.S.C. § 1693l–1(a)(2)(C)
    Go to provision →
    (C) The term “store gift card” means an electronic promise, plastic card, or other payment code or device that is—
    (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo;
    (ii) issued in a specified amount, whether or not that amount may be increased in value or reloaded at the request of the holder;
    (iii) purchased on a prepaid basis in exchange for payment; and
    (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services.
  • 15 U.S.C. § 1693l–1(a)(2)(D)
    Go to provision →
    (D) The terms “general-use prepaid card”, “gift certificate”, and “store gift card” do not include an electronic promise, plastic card, or payment code or device that is—
    (i) used solely for telephone services;
    (ii) reloadable and not marketed or labeled as a gift card or gift certificate;
    (iii) a loyalty, award, or promotional gift card, as defined by the Bureau;
    (iv) not marketed to the general public;
    (v) issued in paper form only (including for tickets and events); or
    (vi) redeemable solely for admission to events or venues at a particular location or group of affiliated locations, which may also include services or goods obtainable—
    (I) at the event or venue after admission; or
    (II) in conjunction with admission to such events or venues, at specific locations affiliated with and in geographic proximity to the event or venue.
  • 15 U.S.C. § 1693n(c)
    Go to provision →
    (c) As used in this section, the term “debit instrument” means a card, code, or other device, other than a check, draft, or similar paper instrument, by the use of which a person may initiate an electronic fund transfer.
  • 15 U.S.C. § 1693o–2(a)(7)(A)(ii)
    Go to provision →
    (ii) a plastic card, payment code, or device that is—
    (I) linked to funds, monetary value, or assets which are purchased or loaded on a prepaid basis;
    (II) not issued or approved for use to access or debit any account held by or for the benefit of the card holder (other than a subaccount or other method of recording or tracking funds purchased or loaded on the card on a prepaid basis);
    (III) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines;
    (IV) used to transfer or debit funds, monetary value, or other assets; and
    (V) reloadable and not marketed or labeled as a gift card or gift certificate.
  • 15 U.S.C. § 1693o–2(c)(2)(A)
    Go to provision →
    (A) means any card, or other payment code or device, issued or approved for use through a payment card network to debit an asset account (regardless of the purpose for which the account is established), whether authorization is based on signature, PIN, or other means;
  • 15 U.S.C. § 1693o–2(c)(11)
    Go to provision →
    (11) The term “payment card network” means an entity that directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that route information and data to conduct debit card or credit card transaction authorization, clearance, and settlement, and that a person uses in order to accept as a form of payment a brand of debit card, credit card or other device that may be used to carry out debit or credit transactions.
  • 15 U.S.C. § 1703(a)(2)(A)
    Go to provision →
    (A) to employ any device, scheme, or artifice to defraud;
  • 15 U.S.C. § 1821(3)(D)
    Go to provision →
    (D) any other substance or device has been used by a person on any limb of a horse or a person has engaged in a practice involving a horse,
  • 15 U.S.C. § 1824(7)
    Go to provision →
    (7) The showing or exhibiting at a horse show or horse exhibition; the selling or auctioning at a horse sale or auction; the allowing to be shown, exhibited, or sold at a horse show, horse exhibition, or horse sale or auction; the entering for the purpose of showing or exhibiting in any horse show or horse exhibition; or offering for sale at a horse sale or auction, any horse which is wearing or bearing any equipment, device, paraphernalia, or substance which the Secretary by regulation under section 1828 of this title prohibits to prevent the soring of horses.
  • 15 U.S.C. § 1825(e)(2)
    Go to provision →
    (2) Any equipment, device, paraphernalia, or substance which was used in violation of any provision of this chapter or any regulation issued under this chapter or which contributed to the soring of any horse at or prior to any horse show, horse exhibition, or horse sale or auction, shall be liable to be proceeded against, by process of libel for the seizure and condemnation of such equipment, device, paraphernalia, or substance, in any United States district court within the jurisdiction of which such equipment, device, paraphernalia, or substance is found. Such proceedings shall conform as nearly as possible to proceedings in rem in admiralty.
  • 15 U.S.C. § 2052(a)(5)
    Go to provision →
    (5) The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include—
    (A) any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer,
    (B) tobacco and tobacco products,
    (C) motor vehicles or motor vehicle equipment (as defined by section 30102(a)(6) and (7) of title 491),
    (D) pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]),
    (E) any article which, if sold by the manufacturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181] (determined without regard to any exemptions from such tax provided by section 4182 or 4221, or any other provision of such Code), or any component of any such article,
    (F) aircraft, aircraft engines, propellers, or appliances (as defined in section 40102(a) of title 49),
    (G) boats which could be subjected to safety regulation under chapter 43 of title 46; vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation under title 52 of the Revised Statutes or other marine safety statutes administered by the department in which the Coast Guard is operating; and equipment (including associated equipment, as defined in section 2101(1) of title 46) to the extent that a risk of injury associated with the use of such equipment on boats or vessels could be eliminated or reduced by actions taken under any statute referred to in this subparagraph,
    (H) drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(g), (h), and (i)]), or
    (I) food. The term “food”, as used in this subparagraph means all “food”, as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(f)], including poultry and poultry products (as defined in sections 4(e) and (f) of the Poultry Products Inspection Act [21 U.S.C. 453(e) and (f)]), meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and eggs and egg products (as defined in section 4 of the Egg Products Inspection Act [21 U.S.C. 1033]).
    Such term includes any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, which is customarily controlled or directed by an individual who is employed for that purpose and who is not a consumer with respect to such device, and which is not permanently fixed to a site. Such term does not include such a device which is permanently fixed to a site. Except for the regulation under this chapter or the Federal Hazardous Substances Act [15 U.S.C. 1261 et seq.] of fireworks devices or any substance intended for use as a component of any such device, the Commission shall have no authority under the functions transferred pursuant to section 2079 of this title to regulate any product or article described in subparagraph (E) of this paragraph or described, without regard to quantity, in section 845(a)(5) of title 18. See sections 2079(d)1 and 2080 of this title, for other limitations on Commission’s authority to regulate certain consumer products.
  • 15 U.S.C. § 2052(a)(5)(H)
    Go to provision →
    (H) drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(g), (h), and (i)]), or
  • 15 U.S.C. § 2054(b)(2)
    Go to provision →
    (2) test consumer products and develop product safety test methods and testing devices; and
  • 15 U.S.C. § 2056d(b)(1)
    Go to provision →
    (1) Not later than 30 months after December 27, 2020, the Consumer Product Safety Commission (referred to in this section as the “Commission”) shall promulgate a final rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container, except as provided in paragraph (3).
  • 15 U.S.C. § 2056d(b)(3)(A)(i)
    Go to provision →
    (i) there is a voluntary standard for flame mitigation devices for those containers that impedes the propagation of flame into the container;
  • 15 U.S.C. § 2090(d)(1)(A)
    Go to provision →
    (A) within which a fuel-burning appliance, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel, is installed; or
  • 15 U.S.C. § 2207(a)
    Go to provision →
    (a) The Administrator shall conduct a continuing program of development, testing, and evaluation of equipment for use by the Nation’s fire, rescue, and civil defense services, with the aim of making available improved suppression, protective, auxiliary, and warning devices incorporating the latest technology. Attention shall be given to the standardization, compatibility, and interchangeability of such equipment. Such development, testing, and evaluation activities shall include, but need not be limited to—
    (1) safer, less cumbersome articles of protective clothing, including helmets, boots, and coats;
    (2) breathing apparatus with the necessary duration of service, reliability, low weight, and ease of operation for practical use;
    (3) safe and reliable auxiliary equipment for use in fire prevention, detection, and control, such as fire location detectors, visual and audio communications equipment, and mobile equipment;
    (4) special clothing and equipment needed for forest fires, brush fires, oil and gasoline fires, aircraft fires and crash rescue, fires occurring aboard waterborne vessels, and in other special firefighting situations;
    (5) fire detectors and related equipment for residential use with high sensitivity and reliability, and which are sufficiently inexpensive to purchase, install, and maintain to insure wide acceptance and use;
    (6) in-place fire prevention systems of low cost and of increased reliability and effectiveness;
    (7) methods of testing fire alarms and fire protection devices and systems on a non-interference basis;
    (8) the development of purchase specifications, standards, and acceptance and validation test procedures for all such equipment and devices; and
    (9) operation tests, demonstration projects, and fire investigations in support of the activities set forth in this section.
  • 15 U.S.C. § 2207(a)(7)
    Go to provision →
    (7) methods of testing fire alarms and fire protection devices and systems on a non-interference basis;
  • 15 U.S.C. § 2207(a)(8)
    Go to provision →
    (8) the development of purchase specifications, standards, and acceptance and validation test procedures for all such equipment and devices; and
  • 15 U.S.C. § 2207(b)
    Go to provision →
    (b) The Administration shall not engage in the manufacture or sale of any equipment or device developed pursuant to this section, except to the extent that it deems it necessary to adequately develop, test, or evaluate such equipment or device.
  • 15 U.S.C. § 2207(f)(1)(A)(ii)
    Go to provision →
    (ii) devices for advance warning of extreme hazard;
  • 15 U.S.C. § 2207(f)(1)(A)(iv)
    Go to provision →
    (iv) devices to locate victims, firefighters, and other rescue personnel in above-ground and below-ground structures;
  • 15 U.S.C. § 2207(f)(1)(A)(vii)
    Go to provision →
    (vii) robotics and other remote-controlled devices;
  • 15 U.S.C. § 2227(a)(11)
    Go to provision →
    (11) The term “smoke detectors” means single or multiple station, self-contained alarm devices designed to respond to the presence of visible or invisible particles of combustion, installed in accordance with the National Fire Protection Association Standard 74 or any successor standard thereto.
  • 15 U.S.C. § 2414(11)
    Go to provision →
    (11) collect and disseminate relevant information obtained by the Center or other public agencies, institutions of higher education, or private organizations engaged in projects under this chapter, including information related to new or improved methods, systems, technological developments, equipment, and devices to improve and stimulate productivity growth, and to develop and implement a public information program designed to inform the public of the meaning and importance of productivity, and productivity growth;
  • 15 U.S.C. § 2512(e)(1)
    Go to provision →
    (1) review the history of regenerative braking devices;
  • 15 U.S.C. § 2512(e)(2)
    Go to provision →
    (2) describe relevant experimental test data and theoretical calculations with respect to such devices;
  • 15 U.S.C. § 2512(e)(3)
    Go to provision →
    (3) assess the net energy impacts and cost effectiveness of such devices;
  • 15 U.S.C. § 2512(e)(4)
    Go to provision →
    (4) examine present patents and patent policy regarding such devices; and
  • 15 U.S.C. § 2602(2)(B)(vi)
    Go to provision →
    (vi) any food, food additive, drug, cosmetic, or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321]) when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic, or device.
  • 15 U.S.C. § 2605(c)(2)(D)(ii)(I)
    Go to provision →
    (I) the term “complex consumer goods” means electronic or mechanical devices composed of multiple manufactured components, with an intended useful life of 3 or more years, where the product is typically not consumed, destroyed, or discarded after a single use, and the components of which would be impracticable to redesign or replace; and
  • 15 U.S.C. § 2665(a)(2)
    Go to provision →
    (2) Operation of a voluntary proficiency program for rating the effectiveness of radon measurement devices and methods, the effectiveness of radon mitigation devices and methods, and the effectiveness of private firms and individuals offering radon-related architecture, design, engineering, measurement, and mitigation services. The proficiency program under this subparagraph shall be in operation within one year after October 28, 1988.
  • 15 U.S.C. § 2665(d)(6)(A)(i)
    Go to provision →
    (i) any product offered for sale, or device used in connection with a service offered to the public, for the measurement of radon meets minimum performance criteria; and
  • 15 U.S.C. § 2665(d)(6)(A)(ii)
    Go to provision →
    (ii) any operator of a device, or person employing a technique, used in connection with a service offered to the public for the measurement of radon meets a minimum level of proficiency.
  • 15 U.S.C. § 2666(c)(4)
    Go to provision →
    (4) Purchase by the State of radon measurement equipment or devices.
  • 15 U.S.C. § 2666(i)(4)
    Go to provision →
    (4) A State may use funds received under this section for financial assistance to persons only to the extent such assistance is related to demonstration projects or the purchase and analysis of radon measurement devices.
  • 15 U.S.C. § 2667(a)(5)(B)
    Go to provision →
    (B) In addition to the assistance authorized by subparagraph (A), the Administrator is authorized to make available to the appropriate agency of each State, as designated by the Governor of such State, devices suitable for use by such agencies in conducting tests for radon within the schools under the jurisdiction of any such State agency. The Administrator is authorized to make available to such agencies the use of laboratories of the Environmental Protection Agency, or to recommend laboratories, to evaluate any such devices for the presence of radon levels.
  • 15 U.S.C. § 2669(d)(2)
    Go to provision →
    (2) In addition to the assistance required by paragraph (1), the Administrator is authorized to make available, on a cost reimbursable basis, to the departments or agencies conducting studies under subsection (a) devices suitable for use by such departments or agencies in conducting tests for radon within Federal buildings. For the purpose of assisting such departments or agencies in evaluating any such devices for the presence of radon levels, the Administrator is authorized to recommend laboratories or to make available to such departments or agencies, on a cost reimbursable basis, the use of laboratories of the Environmental Protection Agency.
  • 15 U.S.C. § 2685(c)(2)(B)
    Go to provision →
    (B) Demonstration of lead abatement control methods and devices and work practices to identify and prevent hazardous lead exposures in the workplace.
  • 15 U.S.C. § 4603(c)(7)(A)
    Go to provision →
    (A) Four individuals who are eminent in the semiconductor device industry, one of whom shall be Cochairman of the Council.
  • 15 U.S.C. § 4621(1)
    Go to provision →
    (1) Semiconductors and related microelectronic devices are key components in computers, telecommunications equipment, advanced defense systems, and other equipment.
  • 15 U.S.C. § 4623(c)
    Go to provision →
    (c) One or more national laboratories of the Department of Energy shall participate in the Initiative by conducting research and development activities relating to research on the development of semiconductor manufacturing technologies. Such activities may include research and development relating to materials fabrication, materials characterization, design and modeling of devices, and new processing equipment.
  • 15 U.S.C. § 4632(b)(1)(B)
    Go to provision →
    (B) modern weapons systems are highly dependent on leading edge semiconductor devices, and it is counter to the national security interest to be heavily dependent upon foreign sources for this technology;
  • 15 U.S.C. § 4653(a)(1)
    Go to provision →
    (1) Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall establish a public-private partnership through which the Secretary shall work to incentivize the formation of one or more consortia of companies (or other such partnerships of private-sector entities, as appropriate) to ensure the development and production of measurably secure microelectronics, including integrated circuits, logic devices, memory, and the packaging and testing practices that support these microelectronic components by the Department of Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such incentives may include the use of grants under section 4652 of this title, and providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities in the United States.
  • 15 U.S.C. § 4653(b)(2)(A)
    Go to provision →
    (A) enable cost effective exploration of new materials, devices, and architectures, and prototyping in domestic facilities to safeguard domestic intellectual property;
  • 15 U.S.C. § 5001(b)(2)
    Go to provision →
    (2) The Consumer Product Safety Commission may provide for an alternate marking or device for any toy, look-alike, or imitation firearm not capable of being marked as provided in paragraph (1) and may waive the requirement of any such marking or device for any toy, look-alike, or imitation firearm that will only be used in the theatrical, movie or television industry.
  • 15 U.S.C. § 6154(b)(3)
    Go to provision →
    (3) the impact of abandoned calls made by predictive dialing devices on do-not-call enforcement.
  • 15 U.S.C. § 6601(a)(1)(A)
    Go to provision →
    (A) Many information technology systems, devices, and programs are not capable of recognizing certain dates in 1999 and after December 31, 1999, and will read dates in the year 2000 and thereafter as if those dates represent the year 1900 or thereafter or will fail to process dates after December 31, 1999.
  • 15 U.S.C. § 6602(2)
    Go to provision →
    (2) The term “Y2K failure” means failure by any device or system (including any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions to process, to calculate, to compare, to sequence, to display, to store, to transmit, or to receive year-2000 date-related data, including failures—
    (A) to deal with or account for transitions or comparisons from, into, and between the years 1999 and 2000 accurately;
    (B) to recognize or accurately to process any specific date in 1999, 2000, or 2001; or
    (C) accurately to account for the year 2000’s status as a leap year, including recognition and processing of the correct date on February 29, 2000.
  • 15 U.S.C. § 6608(c)
    Go to provision →
    (c) Subsection (a) does not apply to damages suffered by reason of the plaintiff’s justifiable reliance upon an affirmative material misrepresentation by the defendant, made by the defendant with actual knowledge of its falsity, concerning the potential for Y2K failure of the device or system used or sold by the defendant that experienced the Y2K failure alleged to have caused the plaintiff’s harm.
  • 15 U.S.C. § 7403(a)(1)(O)
    Go to provision →
    (O) security of wireless networks and mobile devices;
  • 15 U.S.C. § 7504(b)
    Go to provision →
    (b) As part of the first quadrennial review conducted in accordance with subsection (a), the National Research Council shall conduct a one-time study to determine the technical feasibility of molecular self-assembly for the manufacture of materials and devices at the molecular scale.
  • 15 U.S.C. § 7504(c)(1)
    Go to provision →
    (1) self-replicating nanoscale machines or devices;
  • 15 U.S.C. § 7508(b)(1)
    Go to provision →
    (1) encourage, conduct, coordinate, commission, collect, and disseminate research on new manufacturing technologies for materials, devices, and systems with new combinations of characteristics, such as, but not limited to, strength, toughness, density, conductivity, flame resistance, and membrane separation characteristics; and
  • 15 U.S.C. § 7509(2)
    Go to provision →
    (2) The term “nanotechnology” means the science and technology that will enable one to understand, measure, manipulate, and manufacture at the atomic, molecular, and supramolecular levels, aimed at creating materials, devices, and systems with fundamentally new molecular organization, properties, and functions.
  • 15 U.S.C. § 7709(b)(1)
    Go to provision →
    (1) an analysis of the extent to which technological and marketplace developments, including changes in the nature of the devices through which consumers access their electronic mail messages, may affect the practicality and effectiveness of the provisions of this chapter;
  • 15 U.S.C. § 7712(b)(4)
    Go to provision →
    (4) determine how a sender of mobile service commercial messages may comply with the provisions of this chapter, considering the unique technical aspects, including the functional and character limitations, of devices that receive such messages.
  • 15 U.S.C. § 7712(d)
    Go to provision →
    (d) In this section, the term “mobile service commercial message” means a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of commercial mobile service (as such term is defined in section 332(d) of title 47) in connection with such service.
  • 15 U.S.C. § 8003(c)(1)(A)(i)
    Go to provision →
    (i) each public pool and spa in the United States shall be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8 performance standard, or any successor standard; and
  • 15 U.S.C. § 8003(c)(1)(A)(ii)
    Go to provision →
    (ii) each public pool and spa in the United States with a single main drain other than an unblockable drain shall be equipped, at a minimum, with 1 or more of the following devices or systems designed to prevent entrapment by pool or spa drains that meets the requirements of subparagraph (B):
    (I) A safety vacuum release system which ceases operation of the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet when a blockage is detected, that has been tested by an independent third party and found to conform to ASME/ANSI standard A112.19.17 or ASTM standard F2387.
    (II) A suction-limiting vent system with a tamper-resistant atmospheric opening.
    (III) A gravity drainage system that utilizes a collector tank.
    (IV) An automatic pump shut-off system.
    (V) A device or system that disables the drain.
    (VI) Any other system determined by the Commission to be equally effective as, or better than, the systems described in subclauses (I) through (V) of this clause at preventing or eliminating the risk of injury or death associated with pool drainage systems.
  • 15 U.S.C. § 8003(c)(1)(A)(ii)(V)
    Go to provision →
    (V) A device or system that disables the drain.
  • 15 U.S.C. § 8003(c)(1)(B)
    Go to provision →
    (B) Any device or system described in subparagraph (A)(ii) shall meet the requirements of any ASME/ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard.
  • 15 U.S.C. § 8005(c)(2)
    Go to provision →
    (2) A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.
  • 15 U.S.C. § 8005(c)(3)
    Go to provision →
    (3) Any door with direct access to the swimming pool or spa that is equipped with an audible alert device or alarm which sounds when the door is opened.
  • 15 U.S.C. § 8005(c)(4)
    Go to provision →
    (4) A device designed to provide rapid detection of an entry into the water of a swimming pool or spa.
  • 15 U.S.C. § 8005(d)(1)(E)
    Go to provision →
    (E) A device or system that disables the drain.
  • 15 U.S.C. § 8005(d)(2)
    Go to provision →
    (2) Any device or system described in subparagraphs (B) through (E) of paragraph (1) shall meet the requirements of any ASME/ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard.
  • 15 U.S.C. § 8854(b)(5)
    Go to provision →
    (5) to the extent practicable, balance user access to commercial prototypes available for use across a broad class of applications and Federal research prototypes that enable benchmarking a wider variety of early-stage devices.
  • 15 U.S.C. § 9044
    Go to provision →
    The Secretary of Transportation is authorized to require, to the extent reasonable and practicable, an air carrier receiving loans and loan guarantees under section 9042 of this title to maintain scheduled air transportation service as the Secretary of Transportation deems necessary to ensure services to any point served by that carrier before March 1, 2020. When considering whether to exercise the authority granted by this section, the Secretary of Transportation shall take into consideration the air transportation needs of small and remote communities and the need to maintain well-functioning health care and pharmaceutical supply chains, including for medical devices and supplies. The authority under this section, including any requirement issued by the Secretary under this section, shall terminate on March 1, 2022.
  • 15 U.S.C. § 9074(b)(2)
    Go to provision →
    (2) When considering whether to exercise the authority provided by this section, the Secretary of Transportation shall take into consideration the air transportation needs of small and remote communities and the need to maintain well-functioning health care supply chains, including medical devices and supplies, and pharmaceutical supply chains.
  • 15 U.S.C. § 9097(b)
    Go to provision →
    (b) When considering whether to exercise the authority provided by this section, the Secretary of Transportation shall take into consideration the air transportation needs of small and remote communities, the need to maintain well-functioning health care supply chains, including medical devices and supplies, and pharmaceutical supply chains.
  • 15 U.S.C. § 9901(c)(5)
    Go to provision →
    (5) The term “personally identifiable sensitive data” means any sensitive data that identifies or is linked or reasonably linkable, alone or in combination with other data, to an individual or a device that identifies or is linked or reasonably linkable to an individual.
  • 15 U.S.C. § 9901(c)(6)(A)
    Go to provision →
    (A) is derived from a device or technology of an individual; and
  • 15 U.S.C. § 9901(c)(6)(B)
    Go to provision →
    (B) reveals the past or present physical location of an individual or device that identifies or is linked or reasonably linkable to 1 or more individuals, with sufficient precision to identify street level location information of an individual or device or the location of an individual or device within a range of 1,850 feet or less.
  • 15 U.S.C. § 9901(c)(7)(H)
    Go to provision →
    (H) Account or device log-in credentials, or security or access codes for an account or device.
  • 15 U.S.C. § 9901(c)(7)(J)
    Go to provision →
    (J) Calendar information, address book information, phone or text logs, photos, audio recordings, or videos, maintained for private use by an individual, regardless of whether such information is stored on the individual’s device or is accessible from that device and is backed up in a separate location.

Citations to §55(e)