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15 U.S.C. § 2616 — Specific enforcement and seizure

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2616 — Specific enforcement and seizure

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Stable record: federal_law:legal_authorities:record_usc_8da2f41920b9678f4c3ae9fa
Source file: Laws/federal/codes/united-states-code/title-15/section-2616-specific-enforcement-and-seizure--eb76033855.md
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Source location: Title 15, Chapter 53, § 2616; chapter-053-toxic-substances-control.md

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**(a) Specific enforcement** (1) The district courts of the United States shall have jurisdiction over civil actions to— (A) restrain any violation of section 2614 or 2689 of this title, (B) restrain any person from taking any action prohibited by [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim), 2605 of this title, or subchapter IV, or by a rule or order under [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim), 2605 of this title, or subchapter IV, (C) compel the taking of any action required by or under this chapter, or (D) direct any manufacturer or processor of a chemical substance, mixture, or product subject to subchapter IV manufactured or processed in violation of [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim), 2605 of this title, or subchapter IV, or a rule or order under [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim), 2605 of this title, or subchapter IV, and distributed in commerce, (i) to give notice of such fact to distributors in commerce of such substance, mixture, or product and, to the extent reasonably ascertainable, to other persons in possession of such substance, mixture, or product or exposed to such substance, mixture, or product, (ii) to give public notice of such risk of injury, and (iii) to either replace or repurchase such substance, mixture, or product, whichever the person to which the requirement is directed elects. (2) A civil action described in paragraph (1) may be brought— (A) in the case of a civil action described in subparagraph (A) of such paragraph, in the United States district court for the judicial district wherein any act, omission, or transaction constituting a violation of [section 2614 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2614&num=0&edition=prelim) occurred or wherein the defendant is found or transacts business, or (B) in the case of any other civil action described in such paragraph, in the United States district court for the judicial district wherein the defendant is found or transacts business. In any such civil action process may be served on a defendant in any judicial district in which a defendant resides or may be found. Subpoenas requiring attendance of witnesses in any such action may be served in any judicial district. **(b) Seizure** Any chemical substance, mixture, or product subject to subchapter IV which was manufactured, processed, or distributed in commerce in violation of this chapter or any rule promulgated or order issued under this chapter or any article containing such a substance or mixture shall be liable to be proceeded against, by process of libel, for the seizure and condemnation of such substance, mixture, product, or article, in any district court of the United States within the jurisdiction of which such substance, mixture, product, or article is found. Such proceedings shall conform as nearly as possible to proceedings in rem in admiralty.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2614 — Prohibited acts

It shall be unlawful for any person to— (1) fail or refuse to comply with any requirement of this subchapter or any rule promulgated, order issued, or consent agreement entered into under this subchapter, or any requirement of subchapter II or any rule promulgated or order issued under subchapter II; (2) use for commercial purposes a chemical substance or mixture which such person knew or had reason to know was manufactured, processed, or distributed in commerce in violation of section 2604 or 2605 of this title, a rule or order under section 2604 or 2605 of this title, or an order issued in action brought under section 2604 or 2606 of this title; (3) fail or refuse to (A) establish or maintain records, (B) submit reports, notices, or other information, or (C) permit access to or copying of records, as required by this chapter or a rule thereunder; or (4) fail or refuse to permit entry or inspection as required by [section 2610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2610&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2614

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2604 — Manufacturing and processing notices

**(a) In general** (1) (A) Except as provided in subparagraph (B) of this paragraph and subsection (h), no person may— (i) manufacture a new chemical substance on or after the 30th day after the date on which the Administrator first publishes the list required by [section 2607(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607/b&num=0&edition=prelim), or (ii) manufacture or process any chemical substance for a use which the Administrator has determined, in accordance with paragraph (2), is a significant new use. (B) A person may take the actions described in subparagraph (A) if— (i) such person submits to the Administrator, at least 90 days before such manufacture or processing, a notice, in accordance with subsection (d), of such person’s intention to manufacture or process such substance and such person complies with any applicable requirement of, or imposed pursuant to, subsection (b), (e), or (f); and (ii) the Administrator— (I) conducts a review of the notice; and (II) makes a determination under subparagraph (A), (B), or (C) of paragraph (3) and takes the actions required in association with that determination under such subparagraph within the applicable review period. (2) A determination by the Administrator that a use of a chemical substance is a significant new use with respect to which notification is required under paragraph (1) shall be made by a rule promulgated after a consideration of all relevant factors, including— (A) the projected volume of manufacturing and processing of a chemical substance, (B) the extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance, (C) the extent to which a use incre

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2604

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2601 — Findings, policy, and intent

**(a) Findings** The Congress finds that— (1) human beings and the environment are being exposed each year to a large number of chemical substances and mixtures; (2) among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and (3) the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures. **(b) Policy** It is the policy of the United States that— (1) adequate information should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such information should be the responsibility of those who manufacture and those who process such chemical substances and mixtures; (2) adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and (3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this chapter to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment. **(c) Intent of Congress** It is the intent of Congress that the Administrator shall carry out this chapter in a reasonable and prudent manner, and that the Admin

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2601

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2611 — Exports

**(a) In general** (1) Except as provided in paragraph (2) and subsections (b) and (c), this chapter (other than [section 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607&num=0&edition=prelim)) shall not apply to any chemical substance, mixture, or to an article containing a chemical substance or mixture, if— (A) it can be shown that such substance, mixture, or article is being manufactured, processed, or distributed in commerce for export from the United States, unless such substance, mixture, or article was, in fact, manufactured, processed, or distributed in commerce, for use in the United States, and (B) such substance, mixture, or article (when distributed in commerce), or any container in which it is enclosed (when so distributed), bears a stamp or label stating that such substance, mixture, or article is intended for export. (2) Paragraph (1) shall not apply to any chemical substance, mixture, or article if the Administrator finds that the substance, mixture, or article presents an unreasonable risk of injury to health within the United States or to the environment of the United States. The Administrator may require, under [section 2603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2603&num=0&edition=prelim), testing of any chemical substance or mixture exempted from this chapter by paragraph (1) for the purpose of determining whether or not such substance or mixture presents an unreasonable risk of injury to health within the United States or to the environment of the United States. **(b) Notice** (1) If any person exports or intends to export to a foreign country a chemical substance or mixture for which the submission of information is required under sect

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2611

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2616 — Specific enforcement and seizure

Page 1891 TITLE 15—COMMERCE AND TRADE § 2616 tion. Each day such a violation continues shall, for purposes of this subsection, constitute a sep- arate violation of section 2614 or 2689 of this title. (2)(A) A civil penalty for a violation of section section 2614 or 2689 of this title shall be assessed by the Administrator by an order made on the record after opportunity (provided in accordance with this subparagraph) for a hearing in accord- ance with section 554 of title 5. Before issuing such an order, the Administrator shall give writ- ten notice to the person to be assessed a civil penalty under such order of the Administrator’s proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order. (B) In determining the amount of a civil pen- alty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require. (C) The Administrator may compromise, mod- ify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. (3) Any person who requested in accordance with paragraph (2)(A) a hearing respecting the assessment of a civil penalty and who is ag- grieved by an order assessing a civil penalty may file a petition for judicial review of such order with the Unite

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2616

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