Page:United States Statutes at Large Volume 89.djvu/989

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 929

any label required to be provided with such product under a rule under section 324; (3) for any manufacturer to fail to permit access to, or copying of, records required to be supplied under this part, or fail to make reports or provide other information required to be supplied under this part; (4) for any person to fail to comply with an applicable requirement of section 326(a), (b)(2), (b)(3), or (b)(5); or (5) for any manufacturer or private labeler to distribute in commerce any new covered product which is not in conformity with an applicable energy efficiency standard prescribed under this part. (b) For purposes of this section, the term "new covered product" "New covered means a covered product the title of which has not passed to a pur- product." chaser who buys such product for purposes other than (1) reselling such product, or (2) leasing such product for a period in excess of one year. ENFORCEMENT

SEC. 333. (a) Except as provided in subsection (b), any person who knowingly violates any provision of section 332 shall be subject to a civil penalty of not more than $100 for each violation. Such penalties shall be assessed by the Commission, except that penalties for violations of section 332(a)(3) which relate to requirements prescribed by the Administrator, violations of section 332(a) (4') which relate to requests of the Administrator under section 326(b)(2), or violations of section 332(a)(5) shall be assessed by the Administrator. Civil penalties assessed under this part may be compromised by the agency or officer authorized to assess the penalty, taking into account the nature and degree of the violation and the impact of the penalty upon a particular respondent. Each violation of paragraph (1), (2), or (5) of section 332(a) shall constitute a separate violation with respect to each covered product, and each day of violation of section 332(a)(3) or (4) shall constitute a separate violation. (b) As used in subsection (a), the term "knowingly" means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care. (c) It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act) for any person to violate section 323(d)(2). INJUNCTIVE

Penalties, 42 USC 6303.

"Knowingly."

15 USC 45.

ENFORCEMENT

SEC. 334. The United States district courts shall have jurisdiction to restrain (1) any violation of section 332 and (2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 324 or 325. Any such action shall be brought by the Commission, except that any such action to restrain any violation of section 332(a)(3) which relates to requirements prescribed by the Administrator, any violation of section 332(a)(4) which relates to requests of the Administrator under section 326(b) (2), or any violation of section 332(a)(5) shall be brought by the Administrator. Any such action may be brought 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

Jurisdiction.

42 USC 6304.

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