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 12 2 STA T .3058PUBLIC LA W 110 – 31 4— AU G .14 , 2008 ‘ ‘ (16)violate a n o rd ero f t h e C o m mi s sion iss u ed under se c tion 1 8 (c) .’ ’. ( b )C ONF O RMI N GA M E N D MEN T . —S ection 1 7 (a)( 2 )(1 5U .S.C. 2 0 66(a)(2)) is amended to read as follo w s

‘‘(2) is not accom p anied b y a certificate re q uired by this Act or any other Act enforced by the Commission , or is accom - panied by a false certificate, if the manufacturer in the e x ercise of due care has reason to k now that the certificate is false or misleadin g in any material respect, or is not accompanied by any label or certificate (including tracking labels) required under section 1 4 or any rule or regulation under such section ’’. SEC.217 . P E NALTI ES. (a) MAX IM U MCI V I LP ENALTIE S OFT H E CONSUMER PRODU C T SAFET Y COMMISSION.— (1) CONSUMER P RODUCT SAFETY ACT.—Section 20(a)(1) (15 U.S.C. 206 9 (a)(1)) is amended— (A) by striking ‘‘ $ 5,000’’ and inserting ‘‘$100,000’’; ( B ) by striking ‘‘$1,250,000’’ both places it appears and inserting ‘‘$15,000,000’’; and (C) by striking ‘‘ D ecember 1, 1994,’’ in paragraph ( 3 )(B) and inserting ‘‘December 1, 2011,’’. (2) F EDERAL HA Z ARDOUS SU B STANCES ACT.—Section 5(c)(1) of the Federal H a z ardous Substances Act (15 U.S.C. 1264(c)(1)) is amended— (A) by striking ‘‘$5,000’’ in paragraph (1) and inserting ‘‘$100,000’’; (B) by striking ‘‘$1,250,000’’ both places it appears and inserting ‘‘$15,000,000’’; and (C) by striking ‘‘December 1, 1994,’’ in paragraph (6)(B) and inserting ‘‘December 1, 2011,’’. (3) FLAMMABLE FABRICS ACT.—Section 5(e)(1) of the Flam- mable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended— (A) by striking ‘‘$5,000’’ in paragraph (1) and inserting ‘‘$100,000’’; (B) by striking ‘‘$1,250,000’’ and inserting ‘‘$15,000,000’’; and (C) by striking ‘‘December 1, 1994,’’ in paragraph (6)(B) and inserting ‘‘December 1, 2011,’’. (4) E FFECTIVE DATE.— T he amendments made by this sub- section shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) or 1 year after the date of enactment of this Act. (b) DETERMINATION OF PENALTIES BY THE CONSUMER PRODUCT SAFETY COMMISSION.— (1) FACTORS TO BE CONSIDERED.— (A) CONSUMER PRODUCT SAFETY ACT.—Section 20 (15 U.S.C. 2069) is amended— (i) in subsection (b)— ( I ) by inserting ‘‘the nature, circumstances, extent, and gravity of the violation, including’’ after ‘‘shall consider’’; (II) by striking ‘‘products distributed, and’’ and inserting ‘‘products distributed,’’ ; and (III) by inserting ‘‘, including how to mitigate undue adverse economic impacts on small 15USC 11 94note.

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