§ 2616. — Specific enforcement and seizure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
