2 SEC. 6. (a) Violation of the provisions of section 5 shall 3 be punishable by a civil penalty not to exceed $2,000 for 4. each violation, except that the maximum civil penalty shall 5 not exceed $50,000 for any related series of violations. Each 6 power rotary mower sold or offered for sale in violation of 7 such provisions shall constitute a separate violation for purposes of this subsection. 8 9 10 11 12 (b) Intentional violation of such provisions shall be punishable by a fine of not to exceed $50,000 or imprisonment for not to exceed one hundred and eighty days, or both. ENFORCEMENT 13 SEC. 7. The district courts of the United States shall 14 have jurisdiction to enforce the provisions of sections 5 and 6 of this Act and to restrain violations of section 5 thereof. 15 16 18 The Secretary may bring an action to enforce such provisions in any district court of the United States for a dis trict in which any act, omission, or transaction constituting 19 the violation, occurs, or in any district in which the de20 fendant is found or transacts business. If the sale of any type 21 of power rotary mower which is in violation of section 5 22 constitutes an imminent hazard to individuals, the court may 23 24 order a recall or seizure of such mowers at the expense of the manufacturer or importer thereof, under such terms and 6 1 conditions as the court determines are reasonable and will 2 protect the public against such hazard. 3 TERMINATION OF PROVISIONS 4 SEC. 8. The provisions of this Act and safety standards 5 promulgated thereunder shall have no force or effect after 6 the date on which the Secretary determines that other Fed7 eral product safety standards promulgated under any other 8 provision of Federal law are applicable to power rotary mowers, except that no prosecution for violation of the 10 provisions of this Act or the standards promulgated there11 under with respect to which an action or appeal from a 12 conviction therefor is pending shall abate due to the opera13 tion of this section. 9 92D CONGRESS 1ST SESSION S. 1797 IN THE SENATE OF THE UNITED STATES MAY 6, 1971 Mr. MAGNUSON (for himself and Mr. COTTON) (by request) introduced the following bill; which was read twice and referred to the Committee on Com merce A BILL To protect the public health and safety by reducing the risks of death, illness, and injury associated with the use of consumer products. 1 2 3 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Consumer Product Safety 4 1971". 5 6 7 8 9 10 DECLARATION OF PURPOSE SEC. 2. The Congress hereby declares that the public must be protected from the risks of death, illness, and injury associated with the use of consumer products. It is therefore the purpose of this Act to provide for the establishment by the Secretary of Health, Education, and Welfare (herein 2 1 after in this Act referred to as "the Secretary") of a con2 sumer product safety program which shall include the pro3 mulgation and enforcement of product safety standards to 4 reduce such risks to consumers of products for use in and 5 around the household, the schools, or in recreation, or of 6 products otherwise distributed for the personal use, con7 sumption, or enjoyment of the consumer. 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 24 25 DEFINITIONS SEC. 3. As used in this Act (1) the term "consumer product" means a product which is customarily produced or distributed for sale to a consumer for his personal use, consumption, or enjoyment in or around a household or residence, a school, in recreation, or otherwise; but does not include food, drugs, cosmetics, motor vehicles, economic poisons as defined by the Federal Insecticide, Fungicide, and Rodenticide Act, tobacco and tobacco products, or any product with respect to any risk to health or safety which may be subjected to regulation under the Federal Hazardous Substances Act; the Radiation Control for Health and Safety Act of 1968; the Flammable Fabrics Act; the Clean Air Act; part F of title III of the Public Health Service Act; the Act of March 4, 1913 (37 Stat. 832); the Poison Prevention Packaging Act of 1970; the Occupational Safety and Health Act of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1970; the Act of August 2, 1956 (70 Stat. 953); or the Atomic Energy Act of 1954; (2) the term "commerce" means commerce among or between the several States, or within the District of Columbia; (3) the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, or the Canal Zone; and (4) the term "product safety standard" means a product safety standard promulgated under this Act. COLLECTION AND DISCLOSURE OF INFORMATION ON CONSUMER PRODUCT RISKS SEC. 4. (a) The Secretary shall collect, evaluate, and 16 disseminate, on a continuing basis, information on the fre17 quency and causes of death, and the types, frequency, sever18 ity, and causes of illness or injury, associated with exposure to or use of consumer products, and on means to test, meas20 ure, or evaluate the risks of death, illness, or injury asso 19 21 ciated therewith. In carrying out his functions under this 22 section the Secretary, in addition to or in aid of the fore 2 2 2 2 2 23 going 24 25 (1) shall collect data or perform research or studies to enable him to establish a need for product |