
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1474]

 
                      TITLE 15--COMMERCE AND TRADE
 
CHAPTER 39A--SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF 
                                CHILDREN
 
Sec. 1474. Regulations for special packaging standards


(a) Rule making procedure; election and application of procedure under 
        section 371 of title 21; publication of election and proposal

    Proceedings to issue, amend, or repeal a regulation prescribing a 
standard under section 1472 of this title shall be conducted in 
accordance with the procedures prescribed by section 553 (other than 
paragraph (3)(B) of the last sentence of subsection (b) of such section) 
of title 5 unless the Commission elects the procedures prescribed by 
subsection (e) of section 371 of title 21, in which event such 
subsection and subsections (f) and (g) of such section 371 shall apply 
to such proceedings. If the Commission makes such election, it shall 
publish that fact with the proposal required to be published under 
paragraph (1) of such subsection (e).

(b) Judicial review; petition; record; additional evidence; jurisdiction 
        of court of appeals; scope of review; relief pending review; 
        finality of judgment; review by Supreme Court

    (1) In the case of any standard prescribed by a regulation issued in 
accordance with section 553 of title 5, any person who will be adversely 
affected by such a standard may, at any time prior to the 60th day after 
the regulation prescribing such standard is issued by the Commission, 
file a petition with the United States Court of Appeals for the circuit 
in which such person resides or has his principal place of business for 
a judicial review of such standard. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Commission or 
other officer designated by it for that purpose. The Commission shall 
file in the court the record of the proceedings on which the Commission 
based its standard, as provided in section 2112 of title 28.
    (2) If the petitioner applies to the court for leave to adduce 
additional evidence, and shows to the satisfaction of the court that 
such additional evidence is material and that there was no opportunity 
to adduce such evidence in the proceeding before the Commission, the 
court may order such additional evidence (and evidence in rebuttal 
thereof) to be taken before the Commission in a hearing or in such other 
manner, and upon such terms and conditions, as to the court may seem 
proper. The Commission may modify its findings as to the facts, or make 
new findings, by reason of the additional evidence so taken, and it 
shall file such modified or new findings, and its recommendation, if 
any, for the modification or setting aside of its original standard, 
with the return of such additional evidence.
    (3) Upon the filing of the petition under paragraph (1) of this 
subsection the court shall have jurisdiction to review the standard of 
the Commission in accordance with subparagraphs (A), (B), (C), and (D) 
of paragraph (2) of section 706 of title 5. If the court ordered 
additional evidence to be taken under paragraph (2) of this subsection, 
the court shall also review the Commission's standard to determine if, 
on the basis of the entire record before the court pursuant to 
paragraphs (1) and (2) of this subsection, it is supported by 
substantial evidence. If the court finds the standard is not so 
supported, the court may set it aside.
    (4) With respect to any standard reviewed under this subsection, the 
court may grant appropriate relief pending conclusion of the review 
proceedings, as provided in section 705 of such title 5.
    (5) The judgment of the court affirming or setting aside, in whole 
or in part, any such standard of the Commission shall be final, subject 
to review by the Supreme Court of the United States upon certiorari or 
certification, as provided in section 1254 of title 28.

(Pub. L. 91-601, Sec. 5, Dec. 30, 1970, 84 Stat. 1671; Pub. L. 92-573, 
Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

                          Transfer of Functions

    In subsec. (a), ``Commission'' substituted for ``Secretary'' and 
``it'' substituted for ``he''; in subsec. (b), ``Commission'' 
substituted for ``Secretary'', ``it'' substituted for ``him'' and 
``he'', ``its'' substituted for ``his'', and ``Commission's'' 
substituted for ``Secretary's'' pursuant to section 30(a) of Pub. L. 92-
573, which is classified to section 2079(a) of this title and which 
transferred functions of Secretary of Health, Education, and Welfare 
under this chapter to Consumer Product Safety Commission.
