Page:United States Statutes at Large Volume 90 Part 1.djvu/558

 90 STAT. 508

PUBLIC LAW 94-284—MAY 11, 1976 (d) Section 27(c) of such Act (15 U.S.C. 2076(c)) is amended by striking out "with the concurrence of the Attorney General" and inserting in lieu thereof " (subject to subsection (b)(7)) ". SUBSTANTIAL PRODUCT HAZARD

77A Stot. 11.

15 USC 2076. 15 USC 2061.

15 USC 2068.

15 USC 2064.

SEC. 12. (a)(1) Section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)) is amended by adding at the end the following: "An order under this subsection may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general headnote 2 to the Tariff Schedules of the United States), or from doing any combination of such actions, the product with respect to which the order was issued.". (2) Section 15 of such Act (15 U.S.C. 2064) is amended by adding at the end thereof the following new subsection: "(g)(1) If the Commission has initiated a proceeding under this section for the issuance of an order under subsection (d) with respect to a product which the Commission has reason to believe presents a substantial product hazard, the Commission (without regard to section 27(b)(7)) or the Attorney General may, in accordance with section 12(e)(1), apply to a district court of the United States for the issuance of a preliminary injunction to restrain the distribution in commerce of such product pending the completion of such proceeding. If such a preliminary injunction has been issued, the Commission (or the Attorney General if the preliminary injunction was issued upon an application of the Attorney General) may apply to the issuing court for extensions of such preliminary injunction. "(2) Any preliminary injunction, and any extension of a preliminary injunction, issued under this subsection with respect to a product shall be in effect for such period as the issuing court prescribes not to exceed a period which extends beyond the thirtieth day from the date of the issuance of the preliminary injunction (or, in the case of a preliminary injunction which has been extended, the date of its extension) or the date of the completion or termination of the proceeding under this section respecting such product, whichever date occurs first. " (3) The amount in controversy requirement of section 1331 of title 28, United States Code, does not apply with respect to the jurisdiction of a district court of the United States to issue or exend a preliminary injunction under this subsection.". •(b) Section 19(a)(5) of such Act (15 U.S.C. 2068(a)(5)) is amended by (1) striking out "and to" and inserting in lieu thereof "to", and (2) inserting ", and to prohibited acts" after "refund", (c) Section 22 of such Act (15 U.S.C. 2071) is amended by— (1) striking out in subsection (a) all that precedes the second sentence of such subsection and inserting in lieu thereof the following: "(a) The United States district courts shall have jurisdiction to take the following action: «(1) Restrain any violation of section 19. "(2) Restrain any person from manufacturing for sale, offering for sale, distributing in commerce, or importinsr into the United States a product in violation of an order in effect under section 15(d). "(3) Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule."; and

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