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15 U.S.C. § 2061 — Imminent hazards
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of action** The Commission may file in a United States district court an action (1) against an imminently hazardous consumer product for seizure of such product under subsection (b)(2), or (2) against any person who is a manufacturer, distributor, or retailer of such product, or (3) against both. Such an action may be filed notwithstanding the existence of a consumer product safety rule applicable to such product, or the pendency of any administrative or judicial proceedings under any other provision of this chapter. As used in this section, and hereinafter in this chapter, the term “imminently hazardous consumer product” means a consumer product which presents imminent and unreasonable risk of death, serious illness, or severe personal injury.
**(b) Relief; product condemnation and seizure**
(1) The district court in which such action is filed shall have jurisdiction to declare such product an imminently hazardous consumer product, and (in the case of an action under subsection (a)(2) of this section) to grant (as ancillary to such declaration or in lieu thereof) such temporary or permanent relief as may be necessary to protect the public from such risk. Such relief may include a mandatory order requiring the notification of such risk to purchasers of such product known to the defendant, public notice, the recall, the repair or the replacement of, or refund for, such product.
(2) In the case of an action under subsection (a)(1) of this section, the consumer product may be proceeded against by process of libel for the seizure and condemnation of such product in any United States district court within the jurisdiction of which such consumer product is found. Proceedings and cases instituted under the authority of the preceding sentence shall conform as ne
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Source file: Laws/federal/codes/united-states-code/title-15/section-2061-imminent-hazards--c098fa367a.md
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Source location: Title 15, Chapter 47, § 2061; chapter-047-consumer-product-safety.md
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**(a) Filing of action** The Commission may file in a United States district court an action (1) against an imminently hazardous consumer product for seizure of such product under subsection (b)(2), or (2) against any person who is a manufacturer, distributor, or retailer of such product, or (3) against both. Such an action may be filed notwithstanding the existence of a consumer product safety rule applicable to such product, or the pendency of any administrative or judicial proceedings under any other provision of this chapter. As used in this section, and hereinafter in this chapter, the term “imminently hazardous consumer product” means a consumer product which presents imminent and unreasonable risk of death, serious illness, or severe personal injury.
**(b) Relief; product condemnation and seizure**
(1) The district court in which such action is filed shall have jurisdiction to declare such product an imminently hazardous consumer product, and (in the case of an action under subsection (a)(2) of this section) to grant (as ancillary to such declaration or in lieu thereof) such temporary or permanent relief as may be necessary to protect the public from such risk. Such relief may include a mandatory order requiring the notification of such risk to purchasers of such product known to the defendant, public notice, the recall, the repair or the replacement of, or refund for, such product.
(2) In the case of an action under subsection (a)(1) of this section, the consumer product may be proceeded against by process of libel for the seizure and condemnation of such product in any United States district court within the jurisdiction of which such consumer product is found. Proceedings and cases instituted under the authority of the preceding sentence shall conform as nearly as possible to proceedings in rem in admiralty.
**(c) Consumer product safety rule** Where appropriate, concurrently with the filing of such action or as soon thereafter as may be practicable, the Commission shall initiate a proceeding to promulgate a consumer product safety rule applicable to the consumer product with respect to which such action is filed.
**(d) Jurisdiction and venue; process; subpena**
(1) An action under subsection (a)(2) of this section may be brought in the United States district court for the District of Columbia or in any judicial district in which any of the defendants is found, is an inhabitant or transacts business; and process in such an action may be served on a defendant in any other district in which such defendant resides or may be found. Subpenas requiring attendance of witnesses in such an action may run into any other district. In determining the judicial district in which an action may be brought under this section in instances in which such action may be brought in more than one judicial district, the Commission shall take into account the convenience of the parties.
(2) Whenever proceedings under this section involving substantially similar consumer products are pending in courts in two or more judicial districts, they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest, upon notice to all other parties in interest.
**(e) Employment of attorneys by Commission** Notwithstanding any other provision of law, in any action under this section, the Commission may direct attorneys employed by it to appear and represent it.
**(g) 11 So in original. No subsec. (f) has been enacted. Cost-benefit analysis of compliance with relief ordered in action for judicial review of consumer product safety rule not required** Nothing in this section shall be construed to require the Commission, in determining whether to bring an action against a consumer product or a person under this section, to prepare a comparison of the costs that would be incurred in complying with the relief that may be ordered in such action with the benefits to the public from such relief.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce;
(2) complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately;
(3) the public should be protected against unreasonable risks of injury associated with consumer products;
(4) control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers;
(5) existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and
(6) regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this chapter.
**(b)** The purposes of this chapter are—
(1) to protect the public against unreasonable risks of injury associated with consumer products;
(2) to assist consumers in evaluating the comparative safety of consumer products;
(3) to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and
(4) to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2051
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In this chapter:
(1) **Appropriate Congressional committees** — The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) **Children’s product** — The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:
(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
(3) **Commerce** — The term “commerce” means trade, traffic, commerce, or transportation—
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).
(4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim).
(5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2052
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure requirements for manufacturers or private labelers; procedures applicable**
(1) Nothing contained in this Act shall be construed to require the release of any information described by subsection (b) of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) or which is otherwise protected by law from disclosure to the public.
(2) All information reported to or otherwise obtained by the Commission or its representative under this Act which information contains or relates to a trade secret or other matter referred to in [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim) or subject to [section 552(b)(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/4&num=0&edition=prelim) shall be considered confidential and shall not be disclosed.
(3) The Commission shall, prior to the disclosure of any information which will permit the public to ascertain readily the identity of a manufacturer or private labeler of a consumer product, offer such manufacturer or private labeler an opportunity to mark such information as confidential and therefore barred from disclosure under paragraph (2). A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission’s offer.
(4) All information that a manufacturer or private labeler has marked to be confidential and barred from disclosure under paragraph (2), either at the time of submission or pursuant to paragraph (3), shall not be disclosed, except in accordance with the procedures established in paragraphs (5) and (6).
(5) If the Commission determines that a docum
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2055
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Substantial product hazard” defined** For purposes of this section, the term “substantial product hazard” means—
(1) a failure to comply with an applicable consumer product safety rule under this chapter or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or
(2) a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.
**(b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailer** Every manufacturer of a consumer product, or other product or substance over which the Commission has jurisdiction under any other Act enforced by the Commission (other than motor vehicle equipment as defined in [section 30102(a)(7) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30102/a/7&num=0&edition=prelim) 11 See References in Text note below.), distributed in commerce, and every distributor and retailer of such product, who obtains information which reasonably supports the conclusion that such product—
(1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Commission has relied under [section 2058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2058&num=0&edition=prelim);
(2) fails to comply with any other rule, regulation, standard, or ban under this chapter or any other Act enforced by the Commission;
(3) contains a defect which could create a substantial product hazard described
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2064
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Refusal of admission** Any consumer product offered for importation into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) shall be refused admission into such customs territory if such product—
(1) fails to comply with an applicable consumer product safety rule;
(2) is not accompanied by a certificate required by this chapter or any other Act enforced by the Commission, or is accompanied by a false certificate, if the manufacturer in the exercise of due care has reason to know that the certificate is false or misleading in any material respect, or is not accompanied by any label or certificate (including tracking labels) required under [section 2063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2063&num=0&edition=prelim) or any rule or regulation under such section;
(3) is or has been determined to be an imminently hazardous consumer product in a proceeding brought under [section 2061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2061&num=0&edition=prelim);
(4) has a product defect which constitutes a substantial product hazard (within the meaning of section 2064(a)(2)) of this title; or
(5) is a product which was manufactured by a person who the Commission has informed the Secretary of the Treasury is in violation of subsection (g).
**(b) Samples** The Secretary of the Treasury shall obtain without charge and deliver to the Commission, upon the latter’s request, a reasonable number of samples of consumer products being offered for import. Except for those owners or consignees who are or have been afforded an opportunity for a hearing in a proceeding under [section 2061 of this title](https:
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2066
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of the Consumer Product Safety Act [[15 U.S.C. 2051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2051&num=0&edition=prelim) et seq.], all drinking water coolers identified by the Administrator on the list under [section 300j–23 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300j-23&num=0&edition=prelim) as having a lead-lined tank shall be considered to be imminently hazardous consumer products within the meaning of section 12 of such Act ([15 U.S.C. 2061](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2061&num=0&edition=prelim)). After notice and opportunity for comment, including a public hearing, the Consumer Product Safety Commission shall issue an order requiring the manufacturers and importers of such coolers to repair, replace, or recall and provide a refund for such coolers within 1 year after October 31, 1988. For purposes of enforcement, such order shall be treated as an order under section 15(d) of that Act ([15 U.S.C. 2064(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2064/d&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300j–22
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Federal law — U.S. Code and appendices · legal_authorities
Page 1734
TITLE 15—COMMERCE AND TRADE
§ 2061
have jurisdiction to review the rule in accord-
ance with chapter 7 of title 5 and to grant ap-
propriate relief, including interim relief, as
provided in such chapter.
(4) Conclusiveness of judgment
The judgment of the court affirming or set-
ting aside, in whole or in part, any final rule
under this section shall be final, subject to re-
view by the Supreme Court of the United
States upon certiorari or certification, as pro-
vided in section 1254 of title 28.
(5) Further review
A rule or standard with respect to which this
subsection applies shall not be subject to judi-
cial review in proceedings under section 2066 of
this title (relating to imported products) or in
civil or criminal proceedings for enforcement.
(Pub. L. 92–573, § 11, Oct. 27, 1972, 86 Stat. 1218;
Pub. L. 94–284, §§ 10(b), 11(a), May 11, 1976, 90
Stat.
507;
Pub.
L.
97–35,
title
XII,
§ 1211(h)(1)–(3)(A), Aug. 13, 1981, 95 Stat. 723; Pub.
L. 97–414, § 9(j)(2), Jan. 4, 1983, 96 Stat. 2064; Pub.
L. 110–314, title II, § 236(a), Aug. 14, 2008, 122 Stat.
3075.)
Editorial Notes
AMENDMENTS
2008—Subsec. (g). Pub. L. 110–314 added subsec. (g).
1983—Subsec. (c). Pub. L. 97–414 substituted ‘‘sub-
section (f)’’ for ‘‘section 2059(e)(4) of this title’’.
1981—Subsec. (a). Pub. L. 97–35, § 1211(h)(2), sub-
stituted reference to section 2058(d)(2) of this title for
reference to section 2058(a)(2) of this title.
Subsec. (c). Pub. L. 97–35, § 1211(h)(1), substituted ref-
erence to section 2058(f)(1) and (3) of this title for ref-
erence to section 2058(c) of this title.
Subsec. (f). Pub. L. 97–35, § 1211(h)(3)(A), added subsec.
(f).
1976—Subsec. (a). Pub. L. 94–284, § 11(a), permitted the
Commission to file the record of its proceedings on
wh
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2061
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