§ 2060. Judicial review of consumer product safety rules

Footnotes

1. 1 So in original. Probably should be followed by a closing parenthesis.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Consumer Product Safety Act

   Pub. L. 92–573 § 11 · 86 Stat. 1207

   Enacted · 15 U.S.C. § 2060

   Pub. L. 92–573, § 11, Oct. 27, 1972, 86 Stat. 1218

   Source evidence

   Code source credit
   Pub. L. 92–573, § 11, Oct. 27, 1972, 86 Stat. 1218

   Enacted provision · exact public law section
   Sec. 11. judicial review of consumer product safety rules (a) Not later than 60 days after a consumer product safety rule is promulgated by the Commission, any person adversely affected by such rule, or any consumer or consumer organization, may file a petition with the United States court of appeals for the District of Columbia or for the circuit in which such person, consumer, or organization resides or has his principal place of business for judicial review of such rule. Copies 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 and to the Attorney General. The Commission shall transmit to the Attorney General, who shall file in the court, the record of the proceedings on which the Commission based its rule, as 72 Stat. 941; 80 Stat. 1323. “Record.” provided in section 2112 of title 28 of the United States Code. For purposes of this section, the term “record” means such consumer product. safety rule; any notice or proposal published pursuant to section 7, 8, or 9; the transcript required by section 9(a) (2) of any oral presentation; any written submission of interested parties; and any other information which the Commission considers relevant to such rule. (b) If the petitioner applies to the court for leave to adduce additional data, views, or arguments and shows to the satisfaction of the court that such additional data, views, or arguments are material and that there were reasonable grounds for the petitioner’s failure to adduce such data, views, or arguments in the proceeding before the Commission, the court may order the Commission to provide additional opportunity for the oral presentation of data, views, or arguments and for written submissions. The Commission may modify its findings, or make new findings by reason of the additional data, views, or arguments so taken and shall file such modified or new findings, and its recommendation, if any, for the mollification or setting aside of its original rule, with the return of such additional data, views, or arguments. (c) Upon the filing of the petition under subsection (a) of this section the court, shall have jurisdiction to review the consumer product 80 Stat. 392. 5 USC 701. safety rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief, including interim relief, as provided in such chapter. The consumer product safety rule shall not be affirmed unless the Commission’s findings under section 9(c) are supported by substantial evidence on the record taken as a whole. (d) The judgment of the court affirming or setting aside, in whole or in part, any consumer product safety rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28 of the United States 62 Stat. 928. Code. (e) The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by law.

2. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 11(a) · 90 Stat. 503

   Changed · 15 U.S.C. § 2060(a)

   Pub. L. 94–284, § 11(a), permitted the Commission to file the record of its proceedings on which its rule was based with the court in lieu of transmitting the record to the Attorney General

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–284, § 11(a), permitted the Commission to file the record of its proceedings on which its rule was based with the court in lieu of transmitting the record to the Attorney General.

   Enacted provision · exact public law section
   (a) The third sentence of section 11(a) of the Consumer Product Safety Act (15 U.S.C. 2060 (a)) is amended to read as follows: “The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28. United States Code.”.

3. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 10(b) · 90 Stat. 503

   Inserted · 15 U.S.C. § 2060(c)

   Pub. L. 94–284, § 10(b), inserted provision permitting the court to award costs, including reasonable attorneys’ fees, in the interest of justice

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–284, § 10(b), inserted provision permitting the court to award costs, including reasonable attorneys’ fees, in the interest of justice.

   Enacted provision · exact public law section
   (b) Section 11(c) of such Act (15 U.S.C. 2060(c)) is amended by inserting after the first sentence the following: “A court may in the interest of justice include in such relief an award of the costs of suit, including reasonable attorneys’ fees (determined in accordance with section 10(e)(4) and reasonable expert witnesses’ fees. Attorneys’ fees may be awarded against the United States (or any agency or official of the United States) without regard to section 2412 of title 28, United States Code, or any other provision of law.”.

4. 1981

   Pub. L. 97–35 § 1211(h)(2) · 95 Stat. 357

   Substituted · 15 U.S.C. § 2060(a)

   Pub. L. 97–35, § 1211(h)(2), substituted reference to section 2058(d)(2) of this title for reference to section 2058(a)(2) of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–35, § 1211(h)(2), substituted reference to section 2058(d)(2) of this title for reference to section 2058(a)(2) of this title.

   Enacted provision · exact public law section
   (2) Section 11(a) is amended by striking out “9(a)(2)” and inserting in lieu thereof “9(d)(2)”.

   Effective date note
   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.

5. 1981

   Pub. L. 97–35 § 1211(h)(1) · 95 Stat. 357

   Substituted · 15 U.S.C. § 2060(c)

   Pub. L. 97–35, § 1211(h)(1), substituted reference to section 2058(f)(1) and (3) of this title for reference to section 2058(c) of this title

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–35, § 1211(h)(1), substituted reference to section 2058(f)(1) and (3) of this title for reference to section 2058(c) of this title.

   Enacted provision · exact public law section
   (1) Section 11(c) (15 U.S.C. 2060(c)) is amended by striking out “section 9(c)” and inserting in lieu thereof “sections 9(f)(1) and 9(f)(3)”.

   Effective date note
   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.

6. 1981

   Pub. L. 97–35 § 1211(h)(3)(A) · 95 Stat. 357

   Added · 15 U.S.C. § 2060(f)

   Pub. L. 97–35, § 1211(h)(3)(A), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 97–35, § 1211(h)(3)(A), added subsec. (f).

   Enacted provision · exact public law section
   (A) Section 11 is amended by adding at the end thereof the following: “(f) For purposes of this section and sections 23(a) and 24, a reasonable attorney’s fee is a fee (1) which is based upon (A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and (B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (2) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee.”.

   Effective date note
   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.

7. 1983

   Pub. L. 97–414 § 9(j)(2) · 96 Stat. 2049

   Substituted · 15 U.S.C. § 2060(c)

   Pub. L. 97–414 substituted “subsection (f)” for “section 2059(e)(4) of this title”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–414 substituted “subsection (f)” for “section 2059(e)(4) of this title”.

   Enacted provision · exact public law section
   (2) Section 11(c) of such Act (15 U.S.C. 2060(c)) is amended by striking out “section 10(e)(4)” and inserting in lieu thereof “subsection (f)”.

8. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 title II § 236(a) · 122 Stat. 3016

   Added · 15 U.S.C. § 2060(g)

   Pub. L. 110–314 added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 110–314 added subsec. (g).

   Enacted provision · exact public law section
   (a) In General.— Section 11 (15 U.S.C. 2060) is amended by adding at the end thereof the following: “(g) Expedited Judicial Review.— “(1) Application.— This subsection applies, in lieu of the preceding subsections of this section, to judicial review of— “(A) any consumer product safety rule promulgated by the Commission pursuant to section 15(j) (relating to identification of substantial hazards); “(B) any consumer product safety standard promulgated by the Commission pursuant to section 42 (relating to all-terrain vehicles); “(C) any standard promulgated by the Commission under section 104 of the Consumer Product Safety Improvement Act of 2008 (relating to durable infant and toddler products); and “(D) any consumer product safety standard promulgated by the Commission under section 106 of the Consumer Product Safety Improvement Act of 2008 (relating to mandatory toy safety standards). “(2) In general.— Not Deadlines. Records. later than 60 days after the promulgation, by the Commission, of a rule or standard to which this subsection applies, any person adversely affected by such rule or standard may file a petition with the United States Court of Appeals for the District of Columbia Circuit for judicial review of such rule. Copies 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 and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28, United States Code. “(3) Review.— Upon the filing of the petition under paragraph (2) of this subsection, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief, including interim relief, as provided in such chapter. “(4) Conclusiveness of judgment.— The judgment of the court affirming or setting aside, in whole or in part, any final rule under this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code. “(5) Further review.— A rule or standard with respect to which this subsection applies shall not be subject to judicial review in proceedings under section 17 (relating to imported products) or in civil or criminal proceedings for enforcement.” .

8 of 8 references resolved to an enrolled provision