15 U.S.C. § 2061 — Imminent hazards

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 which its rule was based with the court in lieu of trans- mitting the record to the Attorney General. Subsec. (c). Pub. L. 94–284, § 10(b), inserted provision permitting the court to award costs, including reason- able attorneys’ fees, in the interest of justice. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. PENDING ACTIONS UNAFFECTED Pub. L. 110–314, title II, § 236(b), Aug. 14, 2008, 122 Stat. 3076, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall not apply to any petition filed before the date of enactment of this Act [Aug. 14, 2008] for judicial review of any action by the Consumer Product Safety Commission.’’ § 2061. Imminent hazards (a) Filing of action The Commission may file in a United States district court an action (1) against an immi- nently hazardous consumer product for seizure of such product under subsection (b)(2), or (2) against any person who is a manufacturer, dis- tributor, or retailer of such product, or (3) against both. Such an action may be filed not- withstanding the existence of a consumer prod- uct 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 haz- ardous consumer product’’ means a consumer product which presents imminent and unreason- able risk of death, serious illness, or severe per- sonal 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 sub- section (a)(2) of this section) to grant (as ancil- lary to such declaration or in lieu thereof) such temporary or permanent relief as may be nec- essary to protect the public from such risk. Such relief may include a mandatory order re- quiring the notification of such risk to pur- chasers of such product known to the defendant, public notice, the recall, the repair or the re- placement 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 jurisdic- tion of which such consumer product is found. Proceedings and cases instituted under the au- thority 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 fil- ing 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 dis- trict court for the District of Columbia or in any judicial district in which any of the defend- ants is found, is an inhabitant or transacts busi- ness; 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 in- stances 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 prod- ucts are pending in courts in two or more judi- cial districts, they shall be consolidated for trial by order of any such court upon application rea- sonably made by any party in interest, upon no- tice to all other parties in interest. Page 1735 TITLE 15—COMMERCE AND TRADE § 2063 1 So in original. No subsec. (f) has been enacted. (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) 1 Cost-benefit analysis of compliance with re- lief 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 com- parison 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. (Pub. L. 92–573, § 12, Oct. 27, 1972, 86 Stat. 1218; Pub. L. 97–35, title XII, § 1205(a)(2), Aug. 13, 1981, 95 Stat. 716; Pub. L. 101–608, title I, § 111(a)(1), Nov. 16, 1990, 104 Stat. 3114.) Editorial Notes AMENDMENTS 1990—Subsec. (g). Pub. L. 101–608 added subsec. (g). 1981—Subsecs. (d) to (f). Pub. L. 97–35 redesignated subsecs. (e) and (f) as (d) and (e), respectively. Former subsec. (d), which provided for consultation with the Product Safety Advisory Council by the Commission prior to commencing an action, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2062. Repealed. Pub. L. 97–35, title XII, § 1211(b), Aug. 13, 1981, 95 Stat. 721 Section, Pub. L. 92–573, § 13, Oct. 27, 1972, 86 Stat. 1219, provided that Commission could prescribe procedures to insure that manufacturer of a new consumer product notify Commission of new product prior to its distribu- tion. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 2052 of this title. § 2063. Product certification and labeling (a) Certification accompanying product; prod- ucts with more than one manufacturer (1) GENERAL CONFORMITY CERTIFICATION.—Ex- cept as provided in paragraphs (2) and (3), every manufacturer of a product which is subject to a consumer product safety rule under this chapter or similar rule, ban, standard, or regulation under any other Act enforced by the Commis- sion and which is imported for consumption or warehousing or distributed in commerce (and the private labeler of such product if such prod- uct bears a private label) shall issue a certifi- cate which— (A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this chapter or any other Act enforced by the Commission; and (B) shall specify each such rule, ban, stand- ard, or regulation applicable to the product. (2) THIRD PARTY TESTING REQUIREMENT.—Effec- tive on the dates provided in paragraph (3), be- fore importing for consumption or warehousing or distributing in commerce any children’s prod- uct that is subject to a children’s product safety rule, every manufacturer of such children’s product (and the private labeler of such chil- dren’s product if such children’s product bears a private label) shall— (A) submit sufficient samples of the chil- dren’s product, or samples that are identical in all material respects to the product, to a third party conformity assessment body ac- credited under paragraph (3) to be tested for compliance with such children’s product safe- ty rule; and (B) based on such testing, issue a certificate that certifies that such children’s product complies with the children’s product safety rule based on the assessment of a third party conformity assessment body accredited to con- duct such tests. A manufacturer or private labeler shall issue ei- ther a separate certificate for each children’s product safety rule applicable to a product or a combined certificate that certifies compliance with all applicable children’s product safety rules, in which case each such rule shall be spec- ified. (3) SCHEDULE FOR IMPLEMENTATION OF THIRD PARTY TESTING.— (A) GENERAL APPLICATION.—Except as pro- vided under subparagraph (F), the require- ments of paragraph (2) shall apply to any chil- dren’s product manufactured more than 90 days after the Commission has established and published notice of the requirements for ac- creditation of third party conformity assess- ment bodies to assess conformity with a chil- dren’s product safety rule to which such chil- dren’s product is subject. (B) TIME LINE FOR ACCREDITATION.— (i) LEAD PAINT.—Not later than 30 days after August 14, 2008, the Commission shall publish notice of the requirements for ac- creditation of third party conformity assess- ment bodies to assess conformity with part 1303 of title 16, Code of Federal Regulations. (ii) FULL-SIZE CRIBS; NON FULL-SIZE CRIBS; PACIFIERS.—Not later than 60 days after Au- gust 14, 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1508, 1509, and 1511 of such title. (iii) SMALL PARTS.—Not later than 90 days after August 14, 2008, the Commission shall publish notice of the requirements for ac- creditation of third party conformity assess-