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Title 42 — The Public Health and WelfareRelease 119-73

§6304 Injunctive enforcement

Title 42 › Chapter CHAPTER 77— - ENERGY CONSERVATION › Subchapter SUBCHAPTER III— - IMPROVING ENERGY EFFICIENCY › Part Part A— - Energy Conservation Program for Consumer Products Other Than Automobiles › § 6304

Last updated Apr 6, 2026|Official source

Summary

Federal district courts can order people to stop breaking section 6302 or to stop selling covered products that don’t follow rules under sections 6294 or 6295. The Commission must file these lawsuits in most cases. The Secretary must file lawsuits for violations of 6302(a)(3) tied to Secretary-made requirements, for 6302(a)(4) tied to Secretary requests under 6296(b)(2), and for violations of 6302(a)(5), (6), (7), or (8). A State attorney general may also sue over noncompliant general service incandescent lamps under 6295(i) or prohibited adapters under 6302(a)(7). A suit can be filed in any federal district where the bad act happened, or where the defendant is found or does business. Court papers can be served where the defendant lives or can be found.

Full Legal Text

Title 42, §6304

The Public Health and Welfare — Source: USLM XML via OLRC

The United States district courts shall have jurisdiction to restrain (1) any violation of section 6302 of this title and (2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 6294 or 6295 of this title. Any such action shall be brought by the Commission, except that any such action to restrain any violation of section 6302(a)(3) of this title which relates to requirements prescribed by the Secretary, any violation of section 6302(a)(4) of this title which relates to requests of the Secretary under section 6296(b)(2) of this title, or any violation of paragraph (5), (6), (7), or (8) of section 6302(a) of this title shall be brought by the Secretary. Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(7) of this title may also be brought by the attorney general of a State in the name of the State. Any such action may be brought in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Pub. L. 114–11 substituted “paragraph (5), (6), (7), or (8) of section 6302(a)” for “section 6302(a)(5)” and “section 6302(a)(7)” for “section 6302(a)(6)”. 2007—Pub. L. 110–140 inserted after second sentence “Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(6) of this title may also be brought by the attorney general of a State in the name of the State.” 1978—Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an

Effective Date

note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6304

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73