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U.S. Code as of:
01/19/04
Section 2616. Specific enforcement and seizure
(a) Specific enforcement
(1) The district courts of the United States shall have
jurisdiction over civil actions to -
(A) restrain any violation of section 2614 or 2689 of this
title,
(B) restrain any person from taking any action prohibited by
section 2604 of this title, 2605 of this title, or subchapter IV
of this chapter, or by a rule or order under section 2604 of this
title, 2605 of this title, or subchapter IV of this chapter,
(C) compel the taking of any action required by or under this
chapter, or
(D) direct any manufacturer or processor of a chemical
substance, mixture, or product subject to subchapter IV of this
chapter manufactured or processed in violation of section 2604 of
this title, 2605 of this title, or subchapter IV of this chapter,
or a rule or order under section 2604 of this title, 2605 of this
title, or subchapter IV of this chapter, and distributed in
commerce, (i) to give notice of such fact to distributors in
commerce of such substance, mixture, or product and, to the
extent reasonably ascertainable, to other persons in possession
of such substance, mixture, or product or exposed to such
substance, mixture, or product, (ii) to give public notice of
such risk of injury, and (iii) to either replace or repurchase
such substance, mixture, or product, whichever the person to
which the requirement is directed elects.
(2) A civil action described in paragraph (1) may be brought -
(A) in the case of a civil action described in subparagraph (A)
of such paragraph, in the United States district court for the
judicial district wherein any act, omission, or transaction
constituting a violation of section 2614 of this title occurred
or wherein the defendant is found or transacts business, or
(B) in the case of any other civil action described in such
paragraph, in the United States district court for the judicial
district wherein the defendant is found or transacts business.
In any such civil action process may be served on a defendant in
any judicial district in which a defendant resides or may be found.
Subpoenas requiring attendance of witnesses in any such action may
be served in any judicial district.
(b) Seizure
Any chemical substance, mixture, or product subject to subchapter
IV of this chapter which was manufactured, processed, or
distributed in commerce in violation of this chapter or any rule
promulgated or order issued under this chapter or any article
containing such a substance or mixture shall be liable to be
proceeded against, by process of libel, for the seizure and
condemnation of such substance, mixture, product, or article, in
any district court of the United States within the jurisdiction of
which such substance, mixture, product, or article is found. Such
proceedings shall conform as nearly as possible to proceedings in
rem in admiralty.
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