§ 1265. — Seizures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1265]
TITLE 15--COMMERCE AND TRADE
CHAPTER 30--HAZARDOUS SUBSTANCES
Sec. 1265. Seizures
(a) Grounds and jurisdiction
Any misbranded hazardous substance or banned hazardous substance
when introduced into or while in interstate commerce or while held for
sale (whether or not the first sale) after shipment in interstate
commerce, or which may not, under the provisions of section 1263(f) of
this title, be introduced into interstate commerce, or which has been
manufactured in violation of section 1263(g) of this title, shall be
liable to be proceeded against while in interstate commerce or at any
time thereafter, on libel of information and condemned in any district
court in the United States within the jurisdiction of which the
hazardous substance is found: Provided, That this section shall not
apply to a hazardous substance intended for export to any foreign
country if it (1) is in a package branded in accordance with the
specifications of the foreign purchaser, (2) is labeled in accordance
with the laws of the foreign country, and (3) is labeled on the outside
of the shipping package to show that it is intended for export, and (4)
is so exported.
(b) Procedure; multiplicity of pending proceedings
Such hazardous substance shall be liable to seizure by process
pursuant to the libel, and the procedure in cases under this section
shall conform, as nearly as may be, to the procedure in admiralty;
except that on demand of either party any issue of fact joined in any
such case shall be tried by jury. When libel for condemnation
proceedings under this section, involving the same claimant and the same
issues of misbranding, are pending in two or more jurisdictions, such
pending proceedings, upon application of the United States or the
claimant seasonably made to the court of one such jurisdiction, shall be
consolidated for trial by order of such court, and tried in (1) any
district selected by the applicant where one of such proceedings is
pending; or (2) a district agreed upon by stipulation between the
parties. If no order for consolidation is so made within a reasonable
time, the United States or the claimant may apply to the court of one
such jurisdiction, and such court (after giving the other party, the
claimant, or the United States attorney for such district, reasonable
notice and opportunity to be heard) shall by order, unless good cause to
the contrary is shown, specify a district of reasonable proximity to the
claimant's principal place of business, in which all such pending
proceedings shall be consolidated for trial and tried. Such order of
consolidation shall not apply so as to require the removal of any case
the date for trial of which has been fixed. The court granting such
order shall give prompt notification thereof to the other courts having
jurisdiction of the cases covered thereby.
(c) Disposition of goods after decree of condemnation
Any hazardous substance condemned under this section shall, after
entry of the decree, be disposed of by destruction or sale as the court
may, in accordance with the provisions of this section, direct and the
proceeds thereof, if sold, less the legal costs and charges, shall be
paid into the Treasury of the United States; but such hazardous
substance shall not be sold under such decree contrary to the provisions
of this chapter or the laws of the jurisdiction in which sold: Provided,
That, after entry of the decree and upon the payment of the costs of
such proceedings and the execution of a good and sufficient bond
conditioned that such hazardous substance shall not be sold or disposed
of contrary to the provisions of this chapter or the laws of any State
or territory in which sold, the court may by order direct that such
hazardous substance be delivered to the owner thereof to be destroyed or
brought into compliance with the provisions of this chapter under the
supervision of an officer or employee duly designated by the Commission,
and the expense of such supervision shall be paid by the person
obtaining release of the hazardous substance under bond.
(d) Costs and fees
When a decree of condemnation is entered against the hazardous
substance, court costs and fees, and storage and other proper expenses,
shall be awarded against the person, if any, intervening as claimant of
the hazardous substance.
(e) Removal of case for trial
In the case of removal for trial of any case as provided by
subsection (b) of this section--
(1) the clerk of the court from which removal is made shall
promptly transmit to the court in which the case is to be tried all
records in the case necessary in order that such court may exercise
jurisdiction;
(2) the court to which such case is removed shall have the
powers and be subject to the duties, for purposes of such case,
which the court from which removal was made would have had, or to
which such court would have been subject, if such case had not been
removed.
(Pub. L. 86-613, Sec. 6, July 12, 1960, 74 Stat. 376; Pub. L. 89-756,
Secs. 2(h), 3(d), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L. 92-573,
Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)
Amendments
1966--Subsec. (a). Pub. L. 89-756 substituted ``Any misbranded
hazardous substance or banned hazardous substance'' for ``Any hazardous
substance that is in a misbranded package''.
Transfer of Functions
``Commission'' substituted for ``Secretary'' in subsec. (c) 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.
