§ 1159. Misrepresentation of Indian produced goods and products

1,125 words·~5 min read·/usc/title-18/section-1159

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is unlawful to offer or display for sale or sell any good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.

(b)Penalty.— Any person that knowingly violates subsection

(a)shall—

(1)in the case of a first violation by that person—

(A)if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more—

(i)in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; and

(ii)in the case of a person other than an individual, be fined not more than $1,000,000; and

(B)if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000—

(i)in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; and

(ii)in the case of a person other than an individual, be fined not more than $100,000; and

(2)in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold—

(A)in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; and

(B)in the case of a person other than an individual, be fined not more than $5,000,000.

(c)As used in this section—

(1)the term “Indian” means any individual who is a member of an Indian tribe, or for the purposes of this section is certified as an Indian artisan by an Indian tribe;

(2)the terms “Indian product” and “product of a particular Indian tribe or Indian arts and crafts organization” has the meaning given such term in regulations which may be promulgated by the Secretary of the Interior;

(3)the term “Indian tribe”—

(A)has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); 1 and

(B)includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by—

(i)a State legislature;

(ii)a State commission; or

(iii)another similar organization vested with State legislative tribal recognition authority; and

(4)the term “Indian arts and crafts organization” means any legally established arts and crafts marketing organization composed of members of Indian tribes.

(d)In the event that any provision of this section is held invalid, it is the intent of Congress that the remaining provisions of this section shall continue in full force and effect.

(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101–644, title I, § 104(a), Nov. 29, 1990, 104 Stat. 4663; Pub. L. 111–211, title I, § 103, July 29, 2010, 124 Stat. 2260.)

Historical and Revision Notes

Based on section 305e of title 25, U.S.C., 1940 ed., Indians (Aug. 27, 1935, ch. 748, § 6, 49 Stat. 893).

The reference to the offense as a misdemeanor was omitted as unnecessary in view of the definition of misdemeanor in section 1 of this title.

The last paragraph of section 305e of title 25, U.S.C., 1940 ed., relating to duty of district attorney to prosecute violations of such section, will be incorporated in title 28, U.S. Code.

Maximum fine of $2,000 was changed to $500 to bring the offense within the category of petty offenses defined by section 1 of this title. (See reviser’s note under section 1157 of this title.)

Minor changes were made in phraseology.