175 



chapter under the supervision of an officer or em- 

 ployee duly designated by the Secretary, and the 

 expense of such supervision shall be paid by the 

 person obtaining release of the hazardous sub- 

 stance under bond. 



(d) Costs and fees. 



When a decree of condemnation is entered 

 against the hazardous substance, court costs and 

 fees, and storage and other proper expenses, shall be 

 awarded against the person, if any. intervening as 

 claimant of the hazardous substance. 



(e) Removal of case for trial. 



In the case of removal for trial of any case as 



provided by subsection (b) of this section — 



'D the clerk of the court from which removal 

 is made shall promptly transmit to the court in 

 which the case is to be tried all records in the case 

 necessary in order that such court may exercise 

 jurisdiction; 



(2) the court to which such case is removed 

 shall have the powers and be subject to the duties, 

 for purposes of such case, which the court from 

 which removal was made would have had, or to 

 which such court would have been subject, if such 

 case had not been removed. 



(Pub. L. 86-613, § 6. July 12, 1960. 74 Stat. 376: Pub. 



L. 89-756, §§ 2(h). 3(d), Nov. 3, 1966, 80 Stat. 1304, 



1305.) 



Amendments 



1966 — Subsec (a). Pub, L. 89-756 substituted "Any 

 mlsbrande<l hazardous substance or banned hazardous 

 substance" for "Any hazardous substance that Is In a mis- 

 branded pacltage". 



§ 1266. Hearing before report of criminal violation. 



Before any violation of this chapter is reported 

 by the Secretary to any United States attorney for 

 institution of a criminal proceeding, the person 

 against whom such proceeding is contemplated shall 

 be given appropriate notice and an opportunity to 

 present his views, either orally or in writing, with 

 regard to such contemplated proceeding. (Pub. L. 

 86-613, § 7, July 12. 1960. 74 Stat. 377.) 



§1267. Injunctions; criminal contempt; trial by court 

 or jury. 



(a) The United States district courts and the 

 United States courts of the territories shall have ju- 

 risdiction, for cause shown and subject to the provi- 

 sions of rule 65 (a) and (b) of the Federal Rules of 

 Civil Procedure, to restrain violations of this chapter. 



(b) In any proceeding for criminal contempt for 

 violation of an injunction or restraining order issued 

 under this section, which violation also constitutes 

 a violation of this chapter, trial shall be by the court 

 or, upon demand of the accused, by a jury. Such 

 trial shall be conducted in accordance with the prac- 

 tice and procedure applicable in the case of proceed- 

 ings subject to the provisions of rule 42ib> of the 

 Federal Rules of Criminal Procedure. (Pub. L. 86- 

 613. § 8. July 12, 1960, 74 Stat. 378. i 



§1268. Proceedings in name of United States; sub- 

 penas. 



All criminal proceedings and all libel or injunction 



proceedings for the enforcement, or to restrain vio- 

 lations, of this chapter shall be by and in the name 

 of the United States. Subpenas for witnesses who 

 are reo.uired to attend a court of the United States 

 in any district may run into any other district in any 

 such proceeding. (Pub. L. 86-613, § 9, July 12, 1960. 

 74 Stat. 378.) 



§ 1269. Regulations. 



(a) The authority to promulgate regulations for 

 the efficient enforcement of this chapter, except as 

 otherwise provided in this section, is vested in the 

 Secretary. 



(bi The Secretary of the Treasury and the Sec- 

 retary of Health, Education, and Welfare shall 

 jointly prescribe regulations for the efficient en- 

 forcement of the provisions of section 1273 of this 

 title, except as otherwise provided therein. Such 

 regulations shall be promulgated in such manner 

 and take effect at such time, after due notice, as 

 the Secretary of Health, Education, and Welfare 

 shall determine. (Pub. L. 86-613. § 10, July 12, 1960. 

 74 Stat. 378.) 



§ 1270. Examinations and investigations. 



(a) Authority to conduct. 



The Secretary is authorized to conduct exam- 

 inations, inspections, and investigations for the pur- 

 poses of this chapter through officers and employees 

 of the Department or through any health officer or 

 employee of any State, territory, or political sub- 

 division thereof, duly commissioned by the Secretary 

 as an officer of the Department. 



(b) Inspection; notice; samples. 



For purposes of enforcement of this chapter, 

 officers or employees duly designated by the Secre- 

 tary, upon presenting appropriate credentials and 

 a written notice to the owner, operator, or agent in 

 charge, are authorized ( 1) to enter, at reasonable 

 times, any factory, warehouse, or establishment in 

 which hazardous substances are manufactured, 

 processed, packed, or held for introduction into in- 

 terstate commerce or are held after such introduc- 

 tion, or to enter any vehicle being used to trans- 

 port or hold such hazardous substances in interstate 

 commerce: <2) to inspect, at reasonable times and 

 within reasonable limits and in a reasonable man- 

 ner, such factory: warehouse, establishment, or ve- 

 hicle, and all pertinent equipment, finished and un- 

 finished materials, and labeling therein: and (3) to 

 obtain samples of such materials or packages there- 

 of, or of such labeling. A separate notice shall be 

 given for each such inspection, but a notice shall not 

 be required for each entry made during the period 

 covered by the inspection. Each such inspection 

 shall be commenced and completed with reasonable 

 promptness. 



(c) Receipt for sample; results of analysis. 



If the officer or employee obtains any sample, 

 prior to leaving the premises, he shall give to the 

 owner, operator, or agent in charge a receipt de- 

 scribing the samples obtained. If an analysis is 

 made of such sample, a copy of the results of such 

 analysis shall be furnished promptly to the owner. 



