15 U.S.C. § 2070 — Criminal penalties

Page 1753 TITLE 15—COMMERCE AND TRADE § 2071 ‘‘the Commission shall consider the appropriateness of such penalty to the size of the business of the person charged, the nature of the product defect, the severity of the risk of injury, the occurrence or absence of in- jury, and the number of defective products distributed’’ for ‘‘the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered’’, and redesignated subsec. (c) as (d). 1978—Subsec. (a)(1). Pub. L. 95–631 made violation of section 2068(a)(10) of this title a separate offense. 1976—Subsec. (a)(1). Pub. L. 94–284 inserted reference to pars. (8) and (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 217(a)(1) of Pub. L. 110–314 ef- fective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out below, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title. 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. CIVIL PENALTY CRITERIA Pub. L. 110–314, title II, § 217(b)(2), Aug. 14, 2008, 122 Stat. 3059, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Aug. 14, 2008], and in accordance with the procedures of section 553 of title 5, United States Code, the [Consumer Product Safety] Commission shall issue a final regulation providing its interpretation of the penalty factors described in sec- tion 20(b) of the Consumer Product Safety Act (15 U.S.C. 2069(b)), section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(2)), as amended by subsection (a).’’ § 2070. Criminal penalties (a) Violation of section 2068 of this title is punishable by— (1) imprisonment for not more than 5 years for a knowing and willful violation of that sec- tion; (2) a fine determined under section 3571 of title 18; or (3) both. (b) Any individual director, officer, or agent of a corporation who knowingly and willfully au- thorizes, orders, or performs any of the acts or practices constituting in whole or in part a vio- lation of section 2068 of this title shall be sub- ject to penalties under this section without re- gard to any penalties to which that corporation may be subject under subsection (a). (c)(1) In addition to the penalties provided by subsection (a), the penalty for a criminal viola- tion of this chapter or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation. (2) In this subsection, the term ‘‘criminal vio- lation’’ means a violation of this chapter or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be im- prisoned, or both. (Pub. L. 92–573, § 21, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 110–314, title II, § 217(c)(1), (2), (d), Aug. 14, 2008, 122 Stat. 3060.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–314, § 217(c)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Any person who knowingly and will- fully violates section 2068 of this title after having re- ceived notice of noncompliance from the Commission shall be fined not more than $50,000 or be imprisoned not more than one year, or both.’’ Subsec. (b). Pub. L. 110–314, § 217(c)(2), struck out ‘‘, and who has knowledge of notice of noncompliance received by the corporation from the Commission,’’ after ‘‘section 2068 of this title’’. Subsec. (c). Pub. L. 110–314, § 217(d), added subsec. (c). Statutory Notes and Related Subsidiaries 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. § 2071. Injunctive enforcement and seizure (a) Jurisdiction The United States district courts shall have jurisdiction to take the following action: (1) Restrain any violation of section 2068 of this title. (2) Restrain any person from manufacturing for sale, offering for sale, distributing in com- merce, or importing into the United States a product in violation of an order in effect under section 2064(d) of this title. (3) Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule. Such actions may be brought by the Commis- sion (without regard to section 2076(b)(7)(A) of this title) or by the Attorney General in any United States district court for a district where- in any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or trans- acts business. In any action under this section process may be served on a defendant in any other district in which the defendant resides or may be found. (b) Products liable to proceeding Any consumer product— (1) which fails to conform with an applicable consumer product safety rule, or (2) the manufacture for sale, offering for sale, distribution in commerce, or the impor- tation into the United States of which has been prohibited by an order in effect under section 2064(d) of this title, when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdic- tion of which such consumer product is found. Proceedings in cases instituted under the au- thority of this subsection shall conform as near- ly as possible to proceedings in rem in admi-