
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2616]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
                SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
 
Sec. 2616. Specific enforcement and seizure


(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 of 
    this chapter, or by a rule or order under section 2604 of this 
    title, 2605 of this title, or subchapter IV of this chapter,
        (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 of this 
    chapter manufactured or processed in violation of section 2604 of 
    this title, 2605 of this title, or subchapter IV of this chapter, or 
    a rule or order under section 2604 of this title, 2605 of this 
    title, or subchapter IV of this chapter, 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 
of this chapter 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.

(Pub. L. 94-469, title I, Sec. 17, Oct. 11, 1976, 90 Stat. 2037; 
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 
Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(6), (7), Oct. 
28, 1992, 106 Stat. 3923.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-550, Sec. 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, Sec. 1021(b)(7), in first sentence 
substituted ``substance, mixture, or product subject to subchapter IV of 
this chapter'' for ``substance or mixture'' and inserted ``product,'' 
before ``or article'' in two places.
