§ 2061. — Imminent hazards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2061]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2061. Imminent hazards
(a) Filing of action
The Commission may file in a United States district court an action
(1) against an imminently hazardous consumer product for seizure of such
product under subsection (b)(2) of this section, or (2) against any
person who is a manufacturer, distributor, or retailer of such product,
or (3) against both. Such an action may be filed notwithstanding the
existence of a consumer product safety rule applicable to such product,
or the pendency of any administrative or judicial proceedings under any
other provision of this chapter. As used in this section, and
hereinafter in this chapter, the term ``imminently hazardous consumer
product'' means a consumer product which presents imminent and
unreasonable risk of death, serious illness, or severe personal injury.
(b) Relief; product condemnation and seizure
(1) The district court in which such action is filed shall have
jurisdiction to declare such product an imminently hazardous consumer
product, and (in the case of an action under subsection (a)(2) of this
section) to grant (as ancillary to such declaration or in lieu thereof)
such temporary or permanent relief as may be necessary to protect the
public from such risk. Such relief may include a mandatory order
requiring the notification of such risk to purchasers of such product
known to the defendant, public notice, the recall, the repair or the
replacement of, or refund for, such product.
(2) In the case of an action under subsection (a)(1) of this
section, the consumer product may be proceeded against by process of
libel for the seizure and condemnation of such product in any United
States district court within the jurisdiction of which such consumer
product is found. Proceedings and cases instituted under the authority
of the preceding sentence shall conform as nearly as possible to
proceedings in rem in admiralty.
(c) Consumer product safety rule
Where appropriate, concurrently with the filing of such action or as
soon thereafter as may be practicable, the Commission shall initiate a
proceeding to promulgate a consumer product safety rule applicable to
the consumer product with respect to which such action is filed.
(d) Jurisdiction and venue; process; subpena
(1) An action under subsection (a)(2) of this section may be brought
in the United States district court for the District of Columbia or in
any judicial district in which any of the defendants is found, is an
inhabitant or transacts business; and process in such an action may be
served on a defendant in any other district in which such defendant
resides or may be found. Subpenas requiring attendance of witnesses in
such an action may run into any other district. In determining the
judicial district in which an action may be brought under this section
in instances in which such action may be brought in more than one
judicial district, the Commission shall take into account the
convenience of the parties.
(2) Whenever proceedings under this section involving substantially
similar consumer products are pending in courts in two or more judicial
districts, they shall be consolidated for trial by order of any such
court upon application reasonably made by any party in interest, upon
notice to all other parties in interest.
(e) Employment of attorneys by Commission
Notwithstanding any other provision of law, in any action under this
section, the Commission may direct attorneys employed by it to appear
and represent it.
(g) \1\ Cost-benefit analysis of compliance with relief ordered in
action for judicial review of consumer product safety rule not
required
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\1\ So in original. Probably should be ``(f)''.
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Nothing in this section shall be construed to require the
Commission, in determining whether to bring an action against a consumer
product or a person under this section, to prepare a comparison of the
costs that would be incurred in complying with the relief that may be
ordered in such action with the benefits to the public from such relief.
(Pub. L. 92-573, Sec. 12, Oct. 27, 1972, 86 Stat. 1218; Pub. L. 97-35,
title XII, Sec. 1205(a)(2), Aug. 13, 1981, 95 Stat. 716; Pub. L. 101-
608, title I, Sec. 111(a)(1), Nov. 16, 1990, 104 Stat. 3114.)
Amendments
1990--Subsec. (g). Pub. L. 101-608 added subsec. (g).
1981--Subsecs. (d) to (f). Pub. L. 97-35 redesignated subsecs. (e)
and (f) as (d) and (e), respectively. Former subsec. (d), which provided
for consultation with the Product Safety Advisory Council by the
Commission prior to commencing an action, was struck out.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1215
of Pub. L. 97-35, set out as a note under section 2052 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2055, 2064, 2066 of this
title; title 42 section 300j-22.
