PRIA, Government Policy, Made Personal

Summary

Federal district courts can hear lawsuits to stop violations of sections 2614 or 2689. They can also stop anyone from doing things forbidden by sections 2604, 2605, or subchapter IV, or by rules or orders under them. Courts can force people to do what the chapter requires. If a manufacturer or processor made or sold a chemical, mixture, or product covered by subchapter IV in violation of those rules, a court can make them notify distributors and others who might have it or were exposed, warn the public, and either replace or buy back the item. A suit under section 2614 can be filed where the violation happened or where the defendant is found or does business. Other suits can be filed where the defendant is found or does business. Papers can be served where the defendant lives or is found, and subpoenas can be served anywhere. Any covered chemical, mixture, product, or article made, processed, or sold in violation may be seized and condemned through a libel action in a district where it is found. Those seizure actions should follow procedures like in rem admiralty cases.

Title 15, §2616

Commerce and Trade, Source: USLM XML via OLRC

(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 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.

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 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