174 



Ing a mlsbranded hazardous subscance" for "being In a 

 mlsbranded package". 



Subset-, (g). Pub. L. 89-756. §§2{f)(l), 3(b). substi- 

 tuted "mlsbranded hazardous substance or banned haz- 

 ardous substance" for "mlsbranded package of a hazard- 

 ous substance". 



§1264. Penalties; exceptions. 



(a) Any person who violates any ot the provisions 

 of section 1263 of this title shall be guilty of a mis- 

 demeanor and shall on conviction thereof be subject 

 to a fine of not more than $500 or lo imprisonment 

 for not more than ninety days, or both; but for 

 offenses committed with intent to defraud or mis- 

 lead, or for second and subsequent offenses, the 

 penalty shall be Imprisonment for not more than 

 one year, or a fine of not more than $3,000, or both 

 such imprisonment and fine. 



(b) No person shall be subject to the penalties 

 of subsection (a) of this section, (1) for having vio- 

 lated section 1263 (c> of this title. If the receipt, de- 

 livery, or proffered delivery of the hazardous sub- 

 stance was made in good faith, unless he refuses to 

 furnish on request of an officer or employee duly 

 designated by the Secretary, the name and address 

 of the person from whom he purchased or received 

 such hazardous substance, and copies ot all docu- 

 ments. If any there be, pertaining to the delivery of 

 the hazardous substance to him; or (2) for having 

 violated section 1263 'a) of this title, if he establishes 

 a guarantee or undertaking signed by, and contain- 

 ing the name and address of, the person residing in 

 the United States from whom he received in good 

 faith the hazardous substance, to the effect that the 

 hazardous substance is not a mlsbranded hazardous 

 substance or a banned hazardous substance within 

 the meaning of those terms in this chapter; or 

 (3) for having violated subsection (a) or (c) of 

 section 1263 of this title in respect of any hazardous 

 substance shipped or aelivered for shipment for ex- 

 port to any foreign country, in a package marked 

 for export on the outside of the shipping container 

 and labeled in accordance with the specifications of 

 the foreign purchaser and In accordance with the 

 laws of the foreign country, but if such hazardous 

 substance is sold or offered for sale in domestic com- 

 merce, this clause shall not apply. (Pub. L. 86-613, 

 §5, July 12, 1960, 74 Stat. 376; Pub. L. 89-756, 

 §§2(g), 3(c), Nov. 3, 1966, 80 Stat. 1304, 1305.) 



AMEND.MENTS 



1966— Subsec. (b). Pub. L. 89-756 substituted "a mls- 

 branded hazardous substance or a banned hazardous sub- 

 stance within the meaning of those terms" for "In mls- 

 branded packages within the meaning of that term". 



§1265. Seizures. 



(a) Grounds and jurisdiction. 



Any mlsbranded hazaraous substance or banned 

 hazardous substance when introduced into or while 

 in interstate commerce or while held for sale 

 (whether or not the first sale) after shipment in 

 interstate commerce, or wluch may not, under the 

 provisions of section 1263(f) of this title, be intro- 

 duced Into interstate commerce, or which has been 

 manufactured in violation of section 1263(gi of this 

 title, shall be liable to be proceeded against while in 

 interstate commerce or at any time thereafter, on 



libel of information and condemned in any district 

 court in the United States within the jurisdiction of 

 which the hazardous suDstance is found: Provided, 

 That this section shall not apply to a hazardous 

 substance intended for export to any foreign country 

 if it (1) is in a package branded in accordance with 

 the specifications of the foreign purchaser, (2) is 

 labeled in accordance with the laws of the foreign 

 country, and i3) is labeled on the outside of the 

 shipping package to show that it is intended for ex- 

 port, and (4) is so exported. 



(b) Procedure; muiiiplicity of pending proceedings. 

 Such hazardous substance shall be liable to sei- 

 zure by process pursuant to the libel, and the pro- 

 cedure in cases under this section shall conform, as 

 nearly as may be, to the procedure in admiralty; 

 except that on demand of either party any issue of 

 fact joined in any such case shall be tried by jury. 

 When libel for condemnation proceedings under this 

 section, involving the same claimant and the same 

 issues of misbianding, are pending in two or more 

 jurisdictions, such pending proceedings, upon appli- 

 cation of the United States or the claimant season- 

 ably made to the court of one such jurisdiction, shall 

 be consolidated for trial by order of such court, and 

 tried in (1) any district selected by the applicant 

 where one of such proceedings is pending; or (2) 

 a district agreed upon by stipulation between the 

 parties. If no order for consolidation is so made 

 within a reasonable time, the United States or the 

 claimant may apply to tne court of one sucn Juris- 

 diction, and such court (after giving the other party, 

 the claimant, or the United States attorney for such 

 district, reasonable notice and opportunity to be 

 heard) shall by oraer, unless good cause tc the con- 

 trary is shown, specify a district of reasonable prox- 

 imity to the claimant's principal place of business, 

 in which all such pending proceedings shall be con- 

 solidated for trial and tried. Such order of consoli- 

 dation shall not apply so as to require the removal 

 of any case the date for trial of which has been tlxed. 

 The court granting such order shall give prompt 

 noiiflcation thereof to the other courts having juris- 

 diction of the cases covered thereby. 



(c) Disposition of goods after decree of condemnation. 



Any hazardous substance condemned under this 

 section shall, after entry of the decree, be dis- 

 posed of by destruction or sale as the court may, in 

 accordance with the provisions of this secton, direct 

 and the proceeds thereof, if sold, less the legal costs 

 and charges, shall be paid into the Treasury of the 

 United States; but such hazardous sut>stance shall 

 not be sold under such decree contrary to the pro- 

 visions of this chapter or the laws of the jurisdiction 

 in which sold: Provided, That, after entry of the 

 decree and upon the payment of the costs of such 

 proceedings and the execution of a good and suffi- 

 cient bond conditioned that such hazardous sub- 

 stance shall not be sold or disposed of contrary to 

 the provisions of this chapter or the laws of any 

 State or territory in which sold, the court may by 

 order direct that such hazardous substance be de- 

 livered to the owner thereof to be destroyed or 

 brought into compliance with the provisions of this 



