§ 2071. Injunctive enforcement and seizure

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 § 22 · 86 Stat. 1207

   Enacted · 15 U.S.C. § 2071

   Pub. L. 92–573, § 22, Oct. 27, 1972, 86 Stat. 1225

   Source evidence

   Code source credit
   Pub. L. 92–573, § 22, Oct. 27, 1972, 86 Stat. 1225

   Enacted provision · exact public law section
   Sec. 22. injunctive enforcement and seizure (a) The United States district courts shall have jurisdiction to restrain any violation of section 19, or to restrain any person from distributing in commerce a product which does not comply with a con-sumer product safety rule, or both. Such actions may be brought by the Commission (with the concurrence of the Attorney General) or by the Attorney General in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts business. In any action under this section process may be served on a defendant in any other district in which the defendant resides or may be found. (b) Any consumer product which fails to conform to an applicable consumer product safety rule when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any United States district court within the jurisdiction of which such consumer product is found. Proceedings in cases instituted under the authority of this subsection shall conform as nearly as possible to proceedings in rem in admiralty. Whenever such proceedings involving substantially similar consumer products are pending in courts of 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.

2. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 · 90 Stat. 503

   1. Amended · 15 U.S.C. § 2071(a)

      Pub. L. 94–284, §§ 11(b), 12(c)(1), designated existing provision as par. (1) and (3)

   2. Substituted · 15 U.S.C. § 2071(a)

      Pub. L. 94–284, §§ 11(b), 12(c)(1), added par. (2), and in provision following par. (3) substituted “(without regard to section 2076(b)(7)(A) of this title)” for “(with the concurrence of the Attorney General)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–284, §§ 11(b), 12(c)(1), designated existing provision as par. (1) and (3), added par. (2), and in provision following par. (3) substituted “(without regard to section 2076(b)(7)(A) of this title)” for “(with the concurrence of the Attorney General)”.

3. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 12(c)(2) · 90 Stat. 503

   1. Amended · 15 U.S.C. § 2071(b)

      Pub. L. 94–284, § 12(c)(2), amended subsec. (b) generally

   2. Inserted · 15 U.S.C. § 2071(b)

      Pub. L. 94–284, § 12(c)(2), inserting provision designated as par. (2) which included within consumer products liable to proceedings, a product of which the manufacture for sale, offering for sale, distribution in commerce, or importation into the United States has been prohibited

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–284, § 12(c)(2), amended subsec. (b) generally, inserting provision designated as par. (2) which included within consumer products liable to proceedings, a product of which the manufacture for sale, offering for sale, distribution in commerce, or importation into the United States has been prohibited.

   Enacted provision · exact public law section
   (2) striking out in subsection (b) all that precedes the second sentence of such subsection and inserting in lieu thereof the following: “(b) Any consumer product— “(1) which fails to conform with an applicable consumer product safety rule, or “(2) the manufacture for sale, offering for sale, distribution in commerce, or the importation into the United States of which has been prohibited by an order in effect under section 15(d), 15 USC 2064. when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which such consumer product is found.”.

3 of 5 references resolved to an enrolled provision · 2 partial