[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 be
