Page:United States Statutes at Large Volume 82.djvu/1227

 82 STAT. ]

PUBLIC LAW 90-602-OCT. 18, 1968

except when such products are disposed of by returning them to the distributor or manufacturer from whom they were obtamed. The district courts of the United States shall also have jurisdiction in accordance with section 1355 of title 28 of the United States Code to enforce the provisions of subsection (b) of this section. " (b)(1) Any person who violates section 360B shall be subject to a civil penalty of not more than $1,000. For purposes of this subsection, any such violation shall with respect to each electronic product involved, or with respect to each act or omission made unlawful by section 360B, constitute a separate violation, except that the maximum civil penalty imposed on any person under this subsection for any related series of violations shall not exceed $300,000. "(2) Any such civil penalty may on application be remitted or mitigated by the Secretary. I n determining the amount of such penalty, or whether it should be remitted or mitigated and in what amount, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of such penalty, when finaPy determined, may be deducted from any sums owing by the United States to the person charged. "(c) Actions under subsections (a) and (b) of this section may be brought in the district court of the United States for the district wherein any act or omission or transaction constituting the violation occurred, or in such court for the district where the defendant is found or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. " (d) Nothing in this subpart shall be construed as requiring the Secretary to report for the institution of proceedings minor violations of this subpart whenever he believes that the public interest will be adequately served by a suitable written notice or warning. "(e) Except as provided in the first sentence of section 360F, compliance with this subpart or any regulations issued thereunder shall not relieve any person from liability at common law or under statutory law. (f) The remedies provided for in this subpart shall be in addition to and not in substitution for any other remedies provided by law.

1185

^^ Stat. 934.

"ANNUAL REPORT

"SEC. 360D. (a) The Secretary shall prepare and submit to the grills'!'''*'° *^'°"" President for transmittal to the Congress on or before April 1 of each year a comprehensive report on the administration of this subpart for the preceding calendar year. Such report shall include— "(1) a thorough appraisal (including statistical analyses, estimates, and long-term projections) of the incidence of biological injury and effects, including genetic effects, to the population resulting from exposure to electronic product radiation, with a breakdown, insofar as practicable, among the various sources of such radiation; "(2) a list of Federal electronic product radiation control standards prescribed or in effect in such year, with identification of standards newly prescribed during such year; "(3) an evaluation of the degree of observance of applicable standards, including a list of enforcement actions, court deci-

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