19 1 of the court to the Secretary or other officer designated by 2 him for that purpose and to the Attorney General. The 3 Secretary shall transmit to the Attorney General, who shall 4 file in the court, the record of the proceedings on which 5 the Secretary based his order, as provided in section 2112 6 of title 28 of the United States Code. Such record shall 7 include such order of the Secretary and, if issued, held, or 8 obtained in connection therewith, the notice of proceeding 9 published pursuant to subsection (a) of section 6; any no10 tice or proposal published pursuant to subsection (a) of 11 section 9, or section 10; the transcript or summary of any 12 proceedings and the findings arising therefrom; and any 13 other information, including comments of interested per14 sons, required to be considered by the Secretary in the 15 promulgation of such order. 16 (b) Upon the filing of the petition under subsection (a) 17 of this section the court shall have jurisdiction to review the 18 order of the Secretary in accordance with chapter 7 of title 19 5 of the United States Code and to grant appropriate relief, 20 including interim relief, as provided in such chapter. The 21 order of the Secretary shall be affirmed if supported by sub22 stantial evidence on the record taken as a whole. 23 (c) The judgment of the court affirming or setting aside, 24 in whole or in part, any order of the Secretary shall be final, 25 subject to review by the Supreme Court of the United States 1 20 upon certiorari or certification, as provided in section 1254 2 of title 28 of the United States Code. 3 4 IMMINENT HAZARDS SEO. 12. (a) The Secretary may request the Attorney 5 General to file, in a district court of the United States having 6 venue thereof, an action against an imminently hazardous 7 consumer product, or against any person who manufactures 8 for sale, sells, or offers for sale, in commerce, or imports into 9. the United States, such product. Such an action may be filed, 10 notwithstanding the existence of a product safety standard 11. applicable to such product, or the pendency of proceedings 12 initiated pursuant to section 6. As used in this section, and 13 hereinafter in this Act, the term "imiminently hazardous 14 consumer product" means a consumer product the use of or 15 exposure to which presents imminent and unreasonable risk 16 of death, serious illness, or severe personal injury. 17 (b) The district court in which such action is filed shall 18 have jurisdiction to declare such product an imminently haz19 ardous consumer product, and to grant (as ancillary to such 20 declaration or in lieu thereof) such temporary or permanent 21 equitable relief as may be necessary to protect the public 22 from such risk. Such relief may include a mandatory order 23 requiring the notification of the original purchasers of such 24 product of such risk, public notice, the recall, the repair, the 25 replacement, or the seizure of such product. 21 1 2 (c) Concurrently with the filing of such action or as soon thereafter as may be practicable, the Secretary shall 3 initiate a proceeding, pursuant to section 6, to promulgate a 4 product safety standard applicable to the consumer product 5 with respect to which such action is filed, or, if the initiation 6 of such proceeding is not feasible, shall initiate a proceeding, 7 pursuant to section 9, to declare such product a, banned 8 hazardous consumer product. 9 NOTIFICATION OF FAILURE TO COMPLY; REPAIR OR RE 10 11 12 PLACEMENT OF NONCOMPLYING CONSUMER PRODUCT SEC. 13. If any consumer product fails to comply with any applicable order issued pursuant to this Act, the manu13 facturer, importer, or distributor of, or dealer in, such product may be required by the Secretary (by order after opportunity 15 for hearing subject to section 554 of title 5 of the United 16 States Code) to give public notice and— 14 (1) to mail to each consumer of such product known to such manufacturer, importer, distributor, or dealer, and, in the case of a manufacturer or importer, to each distributor or dealer to whom he delivered such product, a notification of such failure containing such information as the Secretary may prescribe, upon the Secretary's determination that such notification is required in order adequately to protect health or safety, (2) to bring such product into conformity with the 1 2 3 4 5 6 7 8 9 10 22 requirements of such order without charge to the con sumer, (3) to replace such product with a like or equivalent product which complies with such order without charge to the consumer, or (4) to refund the purchase price of such product upon tender of the product, less a reasonable allowance for use if such product has been in the possession of the consumer for one year or more at the time of such tender. 11 The manufacturer, importer, distributor, or dealer against 12 whom an order is issued under this subsection shall reim13 burse each consumer of the product which is the subject of 14 such order for any reasonable and foreseeable expenses (in15 cluding transportation expenses) incurred by such consumer 16 in availing himself of the remedies provided by such order, 17 exclusive of attorneys' fees. 18 19 INSPECTION AND RECORDKEEPING SEC. 14. (a) For purposes of carrying out regulations, 20 standards, or orders promulgated under this Act, officers 21 225 or employees duly designated by the Secretary, upon pre 22 senting appropriate credentials and a written notice to the 23 24 25 owner, operator, or agent in charge, or authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which consumer products 23 1 2 3 4 5 6 7 8 9 10 are manufactured, assembled, or held for introduction into commerce or are held for sale after such introduc tion; or to enter any vehicle being used to transport consumer products in interstate commerce; and (2) to inspect, at reasonable times and in a reasonable manner, those areas of such factory, warehouse, establishment, or vehicle where or in which such products are produced, stored, or transported, and all pertinent equipment, materials, containers, and labeling therein. 11 A separate notice shall be given for each such inspection, 12 but a notice shall not be required for each entry made during 13 the period of inspection set forth in such notice. Each such 14 inspection shall be commenced as soon as practicable after 15 the delivery of such notice, and shall be completed with 16 reasonable promptness. If the officer or employee who makes 17 such inspection obtains any sample in the course thereof, 18 he shall, prior to leaving the premises, give to the owner, 19 operator, or agent in charge, a receipt therefor describing 20 such sample. 21 (b) Every person who manufactures, assembles, dis22 tributes, or sells in commerce, or imports, a consumer prod23 uct required to conform to a product safety standard shall 24 establish and maintain such records, and make such reports, 25 and provide such information as the Secretary may by regu |