16 1 apply to all proceedings for the purpose of establishing, 2 amending, or revoking a consumer product safety standard 7 8 SEC. 9. Whenever the Commission makes the findings specified in section 8 (a) and, in addition, at any time finds (1) that such identified product hazard presents an imminent 9 risk to public health or safety and (2) the consumer product 10 in question is already being distributed, or is about to be 11 distributed in interstate commerce, the Commission may issue 12 an interim consumer product safety standard or regulation 13 and make such standard or regulation effective immediately 14 or within such time as the Commission deems necessary in 15 the public interest. The Commission shall specify such find16 ings in a Federal Register notice promulgating such interim 17 standard or regulation, and such findings shall be subject 18 to judicial review pursuant to section 28. In any such review 19 proceeding an interim standard or regulation of the Commis20 sion shall be sustained unless the party asserting its in21 validity establishes by clear and convincing proof that it is 22 arbitrary. In the event the Commission issues an interim consumer product safety standard or other regulation, it shall 24 commence and complete a proceeding under section 8 with 25 reasonable promptness. 17 1 CONSUMER PRODUCT SAFETY STANDARDS-PETITION BY 2 3 INTERESTED PARTY SEC. 10. (a) Any consumer or other interested party 4 may petition the Commission to commence a proceeding for 5 the issuance, amendment, or revocation of a consumer prod6 uct safety standard or other regulation. 7 (b) Such petition shall be filed in the principal office of 8 the Commission and shall set forth 9 10 11 12 13 14 15 16 17 (1) facts which it is claimed establish the existence of an identified product hazard; (2) facts which it is claimed establish that a consumer product safety standard or other regulation or an amendment or revocation thereof is necessary; and (3) the terms of any such consumer product safety standard or other regulation or amendment thereof which it is claimed should be issued by the Commission. (c) The Commission may, in its discretion, hold a pub18 lic hearing or may conduct such investigation or proceeding 19 as it deems appropriate in order to determine whether or not 20 such petition should be granted. 21 (d) If the Commission grants such petition, it shall 22 promptly commence an appropriate proceeding for the issu23 ance of a consumer product safety standard, or other regula24 tion or, pursuant to section 14, declare such product a banned 18 1 hazardous product or take such other action as it deems 2 appropriate. If the Commission denies such petition it shall 3 publish its reasons for such denial. 5 SEC. 11. (a) The Commission shall have authority to 6 promulgate standards and procedures for the purpose of insur 7 ing that new consumer products are adequately designed and 8 tested to minimize unreasonable risk of death or personal 9 injury to the public. 10 (b) For purposes of this section, a "new consumer 11 product" is a consumer product which incorporates a design, 12 material, or form of energy exchange which (1) has not pre 13 viously been used substantially in consumer products and 14 (2) as to which there exists a lack of information adequate 15 16 17 18 to determine the safety of such product in use by consumers. SUITS BY COMMISSION SEC. 12. (a) Whenever the Commission shall have rea son to believe that a make, model, or type of consumer prod19 uct incorporating an identified product hazard is being 20 marketed or is about to be marketed, it is authorized to com21 mence an action for temporary and permanent injunctive 22 relief with respect to such consumer product in an appro23 pirate Federal district court. 24 (b) Such a proceeding by the Commission shall be 25 commenced by the filing of a complaint setting forth the 19 1 facts which establish that the marketing of such consumer 2 product presents or may present an unreasonable risk of 3 death or personal injury to the public and the nature of 4 injunctive relief which the Commission believes is neces5 sary with respect thereto. 6 (c) The district courts of the United States shall have 7 jurisdiction over such actions commenced by the Commission. (d) The Commission may commence such actions in 8 9 any district court in the United States in a district where any 10 act, omission, or transaction constituting the alleged viola11 ion occurred, or is threatened, or in such court for the district 12 wherein the defendant is found or transacts business. In such 13 cases, process may be served in any other district in which 14 the defendant is an inhabitant or wherever the defendant 15 may be found. 17 SEC. 13. (a) If the court determines that the risk is 18 unreasonable and the Commission is entitled to relief pur19 suant to section 12 hereof, it may (i) enter an appropriate 20 order enjoining the marketing of such consumer product, 21 and (ii) enter an appropriate order directing the defendant 22 or defendants to establish such procedures with respect to 23 such consumer product as are necessary to avoid unreasonable 24 risk of death or personal injury to the public in the future. 25 (b) Those procedures which may be the subject of 20 1 an affirmative order of the court pursuant to this section may 2 include (i) collection and retention of information on the identity of purchasers and claims of injury or hazards; (ii) collection and retention of information on product performance and servicing, to the extent it relates to safety; (iii) procedures for adequate product design and performance; (iv) procedures for adequate conduct of testing and inspection; (v) inclusion of necessary warnings and instructions with consumer products; and (vi) procedures for adequate quality control. BANNED HAZARDOUS PRODUCTS SEC. 14. (a) Whenever the Commission finds (1) that a consumer product incorporating an identified product hazard is being marketed, or is about to be marketed, and such consumer product presents an unreasonable risk of death or personal injury to the public and (2) notwithstanding any cautionary labeling, regulation, or safety standard as is or may be required under this Act, the degree or nature of the hazard involved in the use of the consumer product is such that protection |