H.R. 5393 (106th): To amend title 18, United States Code, to provide a criminal penalty for the unauthorized placement of ...

...a writing with a consumer product, and for other purposes.

106th Congress, 1999–2000. Text as of Oct 05, 2000 (Introduced).

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HR 5393 IH

106th CONGRESS

2d Session

H. R. 5393

To amend title 18, United States Code, to provide a criminal penalty for the unauthorized placement of a writing with a consumer product, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 5, 2000

Mr. MCCOLLUM (for himself and Ms. BALDWIN) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to provide a criminal penalty for the unauthorized placement of a writing with a consumer product, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. UNAUTHORIZED PLACEMENT OF WRITING WITH A CONSUMER PRODUCT.

    (a) UNAUTHORIZED PLACEMENT- Section 1365 of title 18, United States Code, is amended--

      (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;

      (2) by inserting after subsection (e) the following new subsection:

    ‘(f)(1) Whoever knowingly stamps, prints, places, or inserts any writing in or on any consumer product, or the box, package, or other container of any consumer product, prior to its sale to any consumer, shall be fined under this title or imprisoned not more than 3 years, or both.

    ‘(2) This subsection shall not apply in any case in which the manufacturer, retailer, or authorized distributor of the product consents to the stamping, printing, placing, or inserting of the writing for promotional or sales purposes.’; and

      (3) Subsection (h) (as redesignated by paragraph (1)) is amended--

        (A) in paragraph (3)(D), by striking ‘and’;

        (B) in paragraph (4), by striking the period and inserting ‘; and’; and

        (C) by adding after paragraph (4) the following:

      ‘(5) the term ‘writing’ means any form of representation or communication, including handbills, notices, or advertising that contains letters, words, or pictorial representations.’.

    (b) CONFORMING AMENDMENTS- Sections 2261A and 2332b(g)(3) of this title are each amended by striking ‘1365(g)(3)’ and inserting ‘1365’.