Page:United States Statutes at Large Volume 86.djvu/1261

 86 STAT. ]

PUBLIC LAW 92-573-OCT. 27, 1972

1219

unreasonable risk of death, serious illness, or severe personal injury. (b)(1) The district court in which such action is filed shall have Relief. jurisdiction to declare such product an imminently hazardous consumer product, and (in the case of an action under subsection (a)(2)) 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) I n the case of an action under subsection (a)(1), the consumer condel^nition product may be proceeded against by process of libel for the seizure and 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) Where appropriate, concurrently with the filing of such action J^^c^'^aLt or as soon thereafter as may be practicable, the Commission shall ini- rule. tiate a proceeding to promulgate a consumer product safety rule applicable to the consumer product with respect to which such action is filed. (d)(1) Prior to commencing an action under subsection (a), the ,.^1?"/... Commission may consult the Product Safety Advisory Council (established under section 28) with respect to its determination to commence such action, and request the Council's recommendations as to the type of temporary or permanent relief which may be necessary to protect the public. (2) The Council shall submit its recommendations to the Commission within one week of such request. (3) Subject to paragraph (2), the Council may conduct such hear- Hearing. ing or offer such opportunity for the presentation of views as it may .,.^ consider necessary or appropriate. (e)(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. I n 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 substan- consolfd'^tu.n^' tially similar consumer products are pending in courts in two or more for trial. 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. (f) 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. NEW PRODUCTS

SEC. 13. (a) The Commission may, by rule, prescribe procedures for de^cripuon.'^ the purpose of insuring that the manufacturer of any new consumer product furnish notice and a description of such product to the Commission before its distribution in commerce.

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