§2616 — Title 15 Commerce and Trade | U.S. Code

Summary

Gives U.S. district courts the power to hear civil cases that stop or fix violations of certain chemical safety rules. Courts can order people to stop breaking sections 2614 or 2689, stop actions banned by sections 2604, 2605, or subchapter IV (or by rules or orders under them), force someone to do what the law requires, and make a manufacturer or processor of a covered chemical product that was made or handled in violation of those rules notify distributors and other people who might have it or be exposed, warn the public, and either replace or buy back the product (the company chooses). Such cases can be filed where the violation happened or where the defendant is found or does business (for 2614 violations both places apply; for the others, where the defendant is found or does business). Any covered chemical, product, or article made, processed, or sold in violation of the law can be seized and condemned in a federal court where it is found, using procedures like in-rem admiralty cases.

Title 15, §2616

Commerce and Trade — Source: USLM XML via OLRC

(a)(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, 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 subject to subchapter IV manufactured or processed 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 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 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.

(b)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–550, § 1021(b)(6), which directed that subsec. (a) be amended “to read as follows” and then set out the subsec. (a) designation and heading, followed by the par. (1) designation and text, without any restatement of par. (2), was executed as a general 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 processed 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 substance or mixture and, to the extent reasonably ascertainable, 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 injury, 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 sentence substituted “substance, mixture, or product subject 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.

§2616 Specific enforcement and seizure