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15 USC CHAPTER 48 - HOBBY PROTECTION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 48 - HOBBY PROTECTION

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CHAPTER 48 - HOBBY PROTECTION

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Sec.

2101. Marking requirements.

(a) Political items.

(b) Coins and other numismatic items.

(c) Rules and regulations.

(d) Exemption.

2102. Private enforcement.

2103. Enforcement by Federal Trade Commission.

(a) Statutory authority.

(b) Incorporation of Federal Trade Commission Act

provisions.

2104. Imports.

2105. Application of other laws.

2106. Definitions.

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15 USC Sec. 2101 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 48 - HOBBY PROTECTION

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Sec. 2101. Marking requirements

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(a) Political items

The manufacture in the United States, or the importation into the

United States, for introduction into or distribution in commerce of

any imitation political item which is not plainly and permanently

marked with the calendar year in which such item was manufactured,

is unlawful and is an unfair or deceptive act or practice in

commerce under the Federal Trade Commission Act (15 U.S.C. 41 et

seq.).

(b) Coins and other numismatic items

The manufacture in the United States, or the importation into the

United States, for introduction into or distribution in commerce of

any imitation numismatic item which is not plainly and permanently

marked ''copy'', is unlawful and is an unfair or deceptive act or

practice in commerce under the Federal Trade Commission Act (15

U.S.C. 41 et seq.).

(c) Rules and regulations

The Federal Trade Commission shall prescribe rules for

determining the manner and form in which items described in

subsection (a) or (b) of this section shall be permanently marked.

(d) Exemption

Subsections (a) and (b), and regulations under subsection (c) of

this section, shall not apply to any common carrier or contract

carrier or freight forwarder with respect to an imitation political

item or imitation numismatic item received, shipped, delivered, or

handled by it for shipment in the ordinary course of its business.

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(Pub. L. 93-167, Sec. 2, Nov. 29, 1973, 87 Stat. 686.)

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REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsecs. (a) and

(b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,

which is classified generally to subchapter I (Sec. 41 et seq.) of

chapter 2 of this title. For complete classification of this Act

to the Code, see section 58 of this title and Tables.

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EFFECTIVE DATE

Section 8 of Pub. L. 93-167 provided that: ''This Act (enacting

this chapter) shall apply only to imitation political items and

imitation numismatic items manufactured after the date of enactment

of this Act (Nov. 29, 1973).''

SHORT TITLE

Section 1 of Pub. L. 93-167 provided: ''That this Act (enacting

this chapter) may be cited as the 'Hobby Protection Act'.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2102, 2104 of this title.

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15 USC Sec. 2102 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 48 - HOBBY PROTECTION

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Sec. 2102. Private enforcement

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If any person violates section 2101(a) or (b) of this title or a

rule under section 2101(c) of this title, any interested person may

commence a civil action for injunctive relief restraining such

violation, and for damages, in any United States District Court for

a district in which the defendant resides or has an agent. In any

such action, the court may award the costs of the suit, including

reasonable attorneys' fees.

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(Pub. L. 93-167, Sec. 3, Nov. 29, 1973, 87 Stat. 686.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2103 of this title.

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15 USC Sec. 2103 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 48 - HOBBY PROTECTION

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Sec. 2103. Enforcement by Federal Trade Commission

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(a) Statutory authority

Except as provided in section 2102 of this title, this chapter

shall be enforced by the Federal Trade Commission under the Federal

Trade Commission Act (15 U.S.C. 41 et seq.).

(b) Incorporation of Federal Trade Commission Act provisions

The Commission shall prevent any person from violating the

provisions of this chapter in the same manner, by the same means,

and with the same jurisdiction, powers, and duties as though all

applicable terms and provisions of the Federal Trade Commission Act

(15 U.S.C. 41 et seq.) were incorporated into and made a part of

this chapter; and any such person violating the provisions of this

chapter shall be subject to the penalties and entitled to the

privileges and immunities provided in said Federal Trade Commission

Act, in the same manner, by the same means, and with the same

jurisdiction, powers, and duties as though the applicable terms and

provisions of the said Federal Trade Commission Act were

incorporated into and made a part of this chapter.

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(Pub. L. 93-167, Sec. 4, Nov. 29, 1973, 87 Stat. 686.)

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REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

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15 USC Sec. 2104 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 48 - HOBBY PROTECTION

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Sec. 2104. Imports

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Any item imported into the United States in violation of section

2101(a) or (b) of this title or regulations under section 2101(c)

of this title shall be subject to seizure and forfeiture under the

customs laws.

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(Pub. L. 93-167, Sec. 5, Nov. 29, 1973, 87 Stat. 687.)

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15 USC Sec. 2105 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 48 - HOBBY PROTECTION

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Sec. 2105. Application of other laws

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The provisions of this chapter are in addition to, and not in

substitution for or limitation of, the provisions of any other law

of the United States or of the law of any State.

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(Pub. L. 93-167, Sec. 6, Nov. 29, 1973, 87 Stat. 687.)

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15 USC Sec. 2106 01/06/03

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TITLE 15 - COMMERCE AND TRADE

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Sec. 2106. Definitions

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For purposes of this chapter:

(1) The term ''original political item'' means any political

button, poster, literature, sticker, or any advertisement

produced for use in any political cause.

(2) The term ''imitation political item'' means an item which

purports to be, but in fact is not, an original political item,

or which is a reproduction, copy, or counterfeit of an original

political item.

(3) The term ''original numismatic item'' means anything which

has been a part of a coinage or issue which has been used in

exchange or has been used to commemorate a person or event. Such

term includes coins, tokens, paper money, and commemorative

medals.

(4) The term ''imitation numismatic item'' means an item which

purports to be, but in fact is not, an original numismatic item

or which is a reproduction, copy, or counterfeit of an original

numismatic item.

(5) The term ''commerce'' has the same meaning as such term has

under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(6) The term ''Commission'' means the Federal Trade Commission.

(7) The term ''United States'' means the States, the District

of Columbia, and the Commonwealth of Puerto Rico.

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(Pub. L. 93-167, Sec. 7, Nov. 29, 1973, 87 Stat. 687.)

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REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in par. (5), is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

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