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42 U.S.C. § 6304 — Injunctive enforcement

submitted 51 years ago by Pub. L. 94-163 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 246 words · no verdicts yet

in plain englishAI-generated · not legal advice

United States district courts may stop violations of section 6302 and distribution of covered products that do not follow applicable rules. The Commission, Secretary, or in specified cases a State attorney general may bring the action, in courts meeting the section’s venue rules.

United States district courts may restrain (1) a violation of section 6302 or (2) distribution in commerce of a covered product that does not comply with a rule under section 6294 or 6295. The Commission must bring these actions, except that the Secretary must bring actions involving section 6302(a)(3) violations related to Secretary requirements, section 6302(a)(4) violations related to Secretary requests under section 6296(b)(2), or violations of paragraphs (5) through (8) of section 6302(a). A State attorney general may also sue in the State’s name to restrain distribution of a general-service incandescent lamp that violates the standard under section 6295(i), or an adapter prohibited by section 6302(a)(7). An action may be brought in a district where an act, omission, or transaction making up the violation occurred, or where the defendant is found or does business. Process may be served in any other district where the defendant lives or may be found.

the actual law source: uscode.house.gov ↗public domain

The United States district courts shall have jurisdiction to restrain (1) any violation of section 6302 of this title and (2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 6294 or 6295 of this title. Any such action shall be brought by the Commission, except that any such action to restrain any violation of section 6302(a)(3) of this title which relates to requirements prescribed by the Secretary, any violation of section 6302(a)(4) of this title which relates to requests of the Secretary under section 6296(b)(2) of this title, or any violation of paragraph (5), (6), (7), or (8) of section 6302(a) of this title shall be brought by the Secretary. Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(7) of this title may also be brought by the attorney general of a State in the name of the State. 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 under this section, process may be served on a defendant in any other district in which the defendant resides or may be found.

Source credit: (Pub. L. 94–163, title III, § 334, Dec. 22, 1975, 89 Stat. 929; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 110–140, title III, § 321(f), Dec. 19, 2007, 121 Stat. 1586; Pub. L. 114–11, title II, § 201(4), Apr. 30, 2015, 129 Stat. 189.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 94-163 · 89 Stat. 929
  • 1978Amended · Pub. L. 95-619 · 92 Stat. 3288
  • 2007Amended · Pub. L. 110-140 · 121 Stat. 1586
  • 2015Amended · Pub. L. 114-11 · 129 Stat. 189

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-163 on 1975-12-22.

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