
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: 21USC360pp]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                     SUBCHAPTER V--DRUGS AND DEVICES
 
              Part C--Electronic Product Radiation Control
 
Sec. 360pp. Enforcement


(a) Jurisdiction of courts

    The district courts of the United States shall have jurisdiction, 
for cause shown, to restrain violations of section 360oo of this title 
and to restrain dealers and distributors of electronic products from 
selling or otherwise disposing of electronic products which do not 
conform to an applicable standard prescribed pursuant to section 360kk 
of this title except when such products are disposed of by returning 
them to the distributor or manufacturer from whom they were obtained. 
The district courts of the United States shall also have jurisdiction in 
accordance with section 1355 of title 28 to enforce the provisions of 
subsection (b) of this section.

(b) Penalties

    (1) Any person who violates section 360oo of this title shall be 
subject to a civil penalty of not more than $1,000. For purposes of this 
subsection, any such violation shall with respect to each electronic 
product involved, or with respect to each act or omission made unlawful 
by section 360oo of this title, constitute a separate violation, except 
that the maximum civil penalty imposed on any person under this 
subsection for any related series of violations shall not exceed 
$300,000.
    (2) Any such civil penalty may on application be remitted or 
mitigated by the Secretary. In determining the amount of such penalty, 
or whether it should be remitted or mitigated and in what amount, the 
appropriateness of such penalty to the size of the business of the 
person charged and the gravity of the violation shall be considered. The 
amount of such penalty, when finally determined, may be deducted from 
any sums owing by the United States to the person charged.

(c) Venue; process

    Actions under subsections (a) and (b) of this section may be brought 
in the district court of the United States for the district wherein any 
act or omission or transaction constituting the violation occurred, or 
in such court for the district where the defendant is found or transacts 
business, and process in such cases may be served in any other district 
of which the defendant is an inhabitant or wherever the defendant may be 
found.

(d) Warnings

    Nothing in this part shall be construed as requiring the Secretary 
to report for the institution of proceedings minor violations of this 
part whenever he believes that the public interest will be adequately 
served by a suitable written notice or warning.

(e) Compliance with regulations

    Except as provided in the first sentence of section 360ss of this 
title, compliance with this part or any regulations issued thereunder 
shall not relieve any person from liability at common law or under 
statutory law.

(f) Additional remedies

    The remedies provided for in this part shall be in addition to and 
not in substitution for any other remedies provided by law.

(June 25, 1938, ch. 675, Sec. 539, formerly act July 1, 1944, ch. 373, 
title III, Sec. 539, formerly Sec. 360C, as added Pub. L. 90-602, 
Sec. 2(3), Oct. 18, 1968, 82 Stat. 1184; renumbered Sec. 539 and amended 
Pub. L. 101-629, Sec. 19(a)(1)(B), (2)(G), (3), (4), Nov. 28, 1990, 104 
Stat. 4529, 4530; Pub. L. 103-80, Sec. 4(a)(2), Aug. 13, 1993, 107 Stat. 
779.)

                          Codification

    Section was classified to section 263k of Title 42, The Public 
Health and Welfare, prior to renumbering by Pub. L. 101-629.


                               Amendments

    1993--Pub. L. 103-80 amended directory language of Pub. L. 101-629, 
Sec. 19(a)(4), which renumbered section 263k of Title 42, The Public 
Health and Welfare, as this section.
    1990--Subsec. (a). Pub. L. 101-629, Sec. 19(a)(2)(G)(i), (ii), 
substituted ``section 360oo'' for ``section 263j'' and ``section 360kk'' 
for ``section 263f''.
    Subsec. (b)(1). Pub. L. 101-629, Sec. 19(a)(2)(G)(ii), substituted 
``section 360oo'' for ``section 263j'' in two places.
    Subsec. (d). Pub. L. 101-629, Sec. 19(a)(1)(B), substituted ``this 
part'' for ``this subpart'' in two places.
    Subsec. (e). Pub. L. 101-629, Sec. 19(a)(1)(B), (2)(G)(iii), 
substituted ``section 360ss'' for ``section 263n'' and ``this part'' for 
``this subpart''.
    Subsec. (f). Pub. L. 101-629, Sec. 19(a)(1)(B), substituted ``this 
part'' for ``this subpart''.


               Noninterference With Other Federal Agencies

    Enactment of this section not to be construed to supersede or limit 
the functions under any other provision of law of any officer or agency 
of the United States, see section 4 of Pub. L. 90-602, set out as a note 
under section 360hh of this title.
