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 United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. (4) If any person fails to pay an assessment of a civil penalty— (A) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (3), or (B) after a court in an action brought under paragraph (3) has entered a final judgment in favor of the Administrator, the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the date of the expiration of the 30- day period referred to in paragraph (3) or the date of such final judgment, as the case may be) in an action brought in any appropriate district court of the United States. In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. (b) Criminal (1) In general Any person who knowingly or willfully vio- lates any provision of section 2614 or 2689 of this title, shall, in addition to or in lieu of any civil penalty which may be imposed under sub- section (a) of this section for such violation, be subject, upon conviction, to a fine of not more than $50,000 for each day of violation, or to imprisonment for not more than one year, or both. (2) Imminent danger of death or serious bodily injury (A) In general Any person who knowingly and willfully violates any provision of section 2614 or 2689 of this title, and who knows at the time of the violation that the violation places an in- dividual in imminent danger of death or se- rious bodily injury, shall be subject on con- viction to a fine of not more than $250,000, or imprisonment for not more than 15 years, or both. (B) Organizations Notwithstanding the penalties described in subparagraph (A), an organization that com- mits a knowing violation described in sub- paragraph (A) shall be subject on conviction to a fine of not more than $1,000,000 for each violation. (C) Incorporation of corresponding provi- sions Subparagraphs (B) through (F) of section 7413(c)(5) of title 42 shall apply to the pros- ecution of a violation under this paragraph. (Pub. L. 94–469, title I, § 16, Oct. 11, 1976, 90 Stat. 2037; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(5), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, § 12, June 22, 2016, 130 Stat. 492.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–182, § 12(1), substituted ‘‘$37,500’’ for ‘‘$25,000’’. Subsec. (b). Pub. L. 114–182, § 12(2), designated existing provisions as par. (1), inserted heading, substituted ‘‘$50,000’’ for ‘‘$25,000’’, and added par. (2). 1992—Subsecs. (a)(1), (2)(A), (b). Pub. L. 102–550 sub- stituted ‘‘section 2614 or 2689 of this title’’ for ‘‘section 2614 of this title’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2616. Specific enforcement and seizure (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 ac- tion prohibited by section 2604 of this title, 2605 of this title, or subchapter IV, or by a rule or order under section 2604 of this title, 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 sub- ject to subchapter IV manufactured or proc- Page 1892 TITLE 15—COMMERCE AND TRADE § 2617 1 See References in Text note below. essed in violation of section 2604 of this title, 2605 of this title, or subchapter IV, or a rule or order under section 2604 of this title, 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 reason- ably ascertainable, to other persons in posses- sion of such substance, mixture, or product or exposed to such substance, mixture, or prod- uct, (ii) to give public notice of such risk of in- jury, and (iii) to either replace or repurchase such substance, mixture, or product, which- ever 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 trans- action constituting a violation of section 2614 of this title occurred or wherein the defendant is found or transacts business, or (B) in the case of any other civil action de- scribed 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 manufac- tured, processed, or distributed in commerce in violation of this chapter or any rule promul- gated or order issued under this chapter or any article containing such a substance or mixture shall be liable to be proceeded against, by proc- ess 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, mix- ture, product, or article is found. Such pro- ceedings shall conform as nearly as possible to proceedings in rem in admiralty. (Pub. L. 94–469, title I, § 17, Oct. 11, 1976, 90 Stat. 2037; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(6), (7), Oct. 28, 1992, 106 Stat. 3923.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–550, § 1021(b)(6), which di- rected that subsec. (a) be amended ‘‘to read as follows’’ and then set out the subsec. (a) designation and head- ing, followed by the par. (1) designation and text, with- out any restatement of par. (2), was executed as a gen- eral amendment of par. (1) only, to reflect the probable intent of Congress. Prior to amendment, par. (1) read as follows: ‘‘The district courts of the United States shall have jurisdiction over civil actions to— ‘‘(A) restrain any violation of section 2614 of this title, ‘‘(B) restrain any person from taking any action prohibited by section 2604 or 2605 of this title or by a rule or order under section 2604 or 2605 of this title, ‘‘(C) compel the taking of any action required by or under this chapter, or ‘‘(D) direct any manufacturer or processor of a chemical substance or mixture manufactured or proc- essed in violation of section 2604 or 2605 of this title or a rule or order under section 2604 or 2605 of this title and distributed in commerce, (i) to give notice of such fact to distributors in commerce of such sub- stance or mixture and, to the extent reasonably as- certainable, to other persons in possession of such substance or mixture or exposed to such substance or mixture, (ii) to give public notice of such risk of in- jury, and (iii) to either replace or repurchase such substance or mixture, whichever the person to which the requirement is directed elects.’’ Subsec. (b). Pub. L. 102–550, § 1021(b)(7), in first sen- tence substituted ‘‘substance, mixture, or product sub- ject to subchapter IV’’ for ‘‘substance or mixture’’ and inserted ‘‘product,’’ before ‘‘or article’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2617. Preemption (a) In general (1) Establishment or enforcement Except as otherwise provided in subsections (c), (d), (e), (f), and (g), and subject to para- graph (2), no State or political subdivision of a State may establish or continue to enforce any of the following: (A) Development of information A statute or administrative action to re- quire the development of information about a chemical substance or category of chem- ical substances that is reasonably likely to produce the same information required under section 2603, 2604, or 2605 of this title in— (i) a rule promulgated by the Adminis- trator; (ii) a consent agreement entered into by the Administrator; or (iii) an order issued by the Adminis- trator. (B) Chemical substances found not to present an unreasonable risk or restricted A statute, criminal penalty, or adminis- trative action to prohibit or otherwise re- strict the manufacture, processing, or dis- tribution in commerce or use of a chemical substance— (i) for which the determination described in section 2605(i)(1) of this title is made, consistent with the scope of the risk eval- uation under section 2605(b)(4)(D) 1 of this title; or (ii) for which a final rule is promulgated under section 2605(a) of this title, after the effective date of the rule issued under sec- tion 2605(a) of this title for the chemical substance, consistent with the scope of the risk evaluation under section 2605(b)(4)(D) 1 of this title. (C) Significant new use A statute or administrative action requir- ing the notification of a use of a chemical