US (United States) Code. Title 15. Chapter 30: Hazardous substances

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 69 páginas
publicidad
publicidad

-CITE-

15 USC CHAPTER 30 - HAZARDOUS SUBSTANCES 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

.

-HEAD-

CHAPTER 30 - HAZARDOUS SUBSTANCES

-MISC1-

Sec.

1261. Definitions.

1262. Declaration of hazardous substances.

(a) Declaration of hazardous substances by

regulation; review.

(b) Reasonable variations or additional label

requirements.

(c) Exemption from requirements by regulation.

(d) Exemption from requirements of this chapter of

substances or containers adequately regulated

by other provisions of law.

(e) Regulation of toys or articles intended for use

by children.

(f) Commencement of proceeding for promulgation of

regulation; notice.

(g) Publication of standard; termination of

proceeding for promulgation of regulation;

monitoring of compliance.

(h) Publication of proposed rule together with

preliminary regulatory analysis.

(i) Publication of final regulatory analysis with

regulation; required findings; judicial review.

(j) Petition to initiate rulemaking.

1263. Prohibited acts.

1264. Penalties; exceptions.

(a) Criminal penalties.

(b) Exceptions.

(c) Civil penalties.

(d) Civil action for injunction.

1265. Seizures.

(a) Grounds and jurisdiction.

(b) Procedure; multiplicity of pending proceedings.

(c) Disposition of goods after decree of

condemnation.

(d) Costs and fees.

(e) Removal of case for trial.

1266. Hearing before report of criminal violation.

1267. Injunctions; criminal contempt; trial by court or jury.

(a) Jurisdiction.

(b) Trials.

1268. Proceedings in name of United States; subpenas.

1269. Regulations.

(a) Authority.

(b) Joint regulations.

1270. Examinations and investigations.

(a) Authority to conduct.

(b) Inspection; notice; samples.

(c) Receipt for sample; results of analysis.

1271. Records of interstate shipment.

1272. Publicity; reports; dissemination of information.

(a) Summaries of judgments, decrees, orders.

(b) Information as to health dangers and

investigations.

1273. Imports.

(a) Delivery of samples to Commission; examination;

refusal of admission.

(b) Disposition of refused articles.

(c) Expenses in connection with refused articles.

(d) Statement of exportation: filing period,

information; notification of foreign country;

petition for minimum filing period: good cause.

1274. Remedies respecting banned hazardous substances.

(a) Notice to protect public; form and contents.

(b) Order of Commission; repair, replacement, or

refund.

(c) Discretionary remedial activities available to

Commission; orders; contents.

(d) Charge for remedy; reimbursement for expenses.

(e) Hearing; representative of class.

(f) ''Manufacturer'' defined.

(g) Cost-benefit analysis of notification or other

action not required.

1275. Toxicological Advisory Board.

(a) Establishment; functions; review and

recommendations.

(b) Membership; appointment; qualifications;

Chairman; term of office; reappointment;

vacancies; meetings; compensation and travel

expenses; Federal nonemployee status.

(c) Termination.

1276. Congressional veto of hazardous substances regulations.

(a) Transmission to Congress.

(b) Disapproval by concurrent resolution.

(c) Presumptions from Congressional action or

inaction.

(d) Continuous session of Congress.

1277. Labeling of art materials.

(a) Regulation status of standard D-4236 of American

Society for Testing and Materials.

(b) Requirements applicable to standard D-4236.

(c) Revisions incorporated into standard D-4236;

notice and hearing; amendment; opportunity for

comment; transcript of proceedings.

(d) Guidelines for determining chronically hazardous

art materials; issuance; public hearing; scope

of criteria; review; amendment.

(e) Informational and educational materials;

development and distribution.

(f) Injunctions.

1278. Requirements for labeling certain toys and games.

(a) Toys or games for children who are at least 3.

(b) Balloons, small balls, and marbles.

(c) General labeling requirements.

(d) Treatment as misbranded hazardous substance.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1276, 1460, 2052, 2055,

2079 of this title.

-CITE-

15 USC Sec. 1261 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1261. Definitions

-STATUTE-

For the purposes of this chapter -

(a) The term ''territory'' means any territory or possession of

the United States, including the District of Columbia and the

Commonwealth of Puerto Rico but excluding the Canal Zone.

(b) The term ''interstate commerce'' means (1) commerce between

any State or territory and any place outside thereof, and (2)

commerce within the District of Columbia or within any territory

not organized with a legislative body.

(c) Omitted

(d) The term ''Commission'' means the Consumer Product Safety

Commission.

(e) The term ''person'' includes an individual, partnership,

corporation, and association.

(f) The term ''hazardous substance'' means:

(1)(A) Any substance or mixture of substances which (i) is

toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong

sensitizer, (v) is flammable or combustible, or (vi) generates

pressure through decomposition, heat, or other means, if such

substances or mixture of substances may cause substantial

personal injury or substantial illness during or as a proximate

result of any customary or reasonably foreseeable handling or

use, including reasonably foreseeable ingestion by children.

(B) Any substances which the Commission by regulation finds,

pursuant to the provisions of section 1262(a) of this title, meet

the requirements of subparagraph (1)(A) of this paragraph.

(C) Any radioactive substance, if, with respect to such

substance as used in a particular class of article or as

packaged, the Commission determines by regulation that the

substance is sufficiently hazardous to require labeling in

accordance with this chapter in order to protect the public

health.

(D) Any toy or other article intended for use by children which

the Commission by regulation determines, in accordance with

section 1262(e) of this title, presents an electrical,

mechanical, or thermal hazard.

(E) Any solder which has a lead content in excess of 0.2

percent.

(2) The term ''hazardous substance'' shall not apply to

pesticides subject to the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. 136 et seq.), nor to foods, drugs and

cosmetics subject to the Federal Food, Drug, and Cosmetic Act (21

U.S.C. 301 et seq.), nor to substances intended for use as fuels

when stored in containers and used in the heating, cooking, or

refrigeration system of a house, nor to tobacco and tobacco

products, but such term shall apply to any article which is not

itself a pesticide within the meaning of the Federal Insecticide,

Fungicide, and Rodenticide Act but which is a hazardous substance

within the meaning of paragraph (1) of this subsection by reason

of bearing or containing such a pesticide.

(3) The term ''hazardous substance'' shall not include any

source material, special nuclear material, or byproduct material

as defined in the Atomic Energy Act of 1954, as amended (42

U.S.C. 2011 et seq.), and regulations issued pursuant thereto by

the Atomic Energy Commission.

(g) The term ''toxic'' shall apply to any substance (other than a

radioactive substance) which has the capacity to produce personal

injury or illness to man through ingestion, inhalation, or

absorption through any body surface.

(h)(1) The term ''highly toxic'' means any substance which falls

within any of the following categories: (a) Produces death within

fourteen days in half or more than half of a group of ten or more

laboratory white rats each weighing between two hundred and three

hundred grams, at a single dose of fifty milligrams or less per

kilogram of body weight, when orally administered; or (b) produces

death within fourteen days in half or more than half of a group of

ten or more laboratory white rats each weighing between two hundred

and three hundred grams, when inhaled continuously for a period of

one hour or less at an atmospheric concentration of two hundred

parts per million by volume or less of gas or vapor or two

milligrams per liter by volume or less of mist or dust, provided

such concentration is likely to be encountered by man when the

substance is used in any reasonably foreseeable manner; or (c)

produces death within fourteen days in half or more than half of a

group of ten or more rabbits tested in a dosage of two hundred

milligrams or less per kilogram of body weight, when administered

by continuous contact with the bare skin for twenty-four hours or

less.

(2) If the Commission finds that available data on human

experience with any substance indicate results different from those

obtained on animals in the above-named dosages or concentrations,

the human data shall take precedence.

(i) The term ''corrosive'' means any substance which in contact

with living tissue will cause destruction of tissue by chemical

action; but shall not refer to action on inanimate surfaces.

(j) The term ''irritant'' means any substance not corrosive

within the meaning of subparagraph (i) of this section which on

immediate, prolonged, or repeated contact with normal living tissue

will induce a local inflammatory reaction.

(k) The term ''strong sensitizer'' means a substance which will

cause on normal living tissue through an allergic or photodynamic

process a hypersensitivity which becomes evident on reapplication

of the same substance and which is designated as such by the

Commission. Before designating any substance as a strong

sensitizer, the Commission, upon consideration of the frequency of

occurrence and severity of the reaction, shall find that the

substance has a significant potential for causing hypersensitivity.

(l)(1) The terms ''extremely flammable'', ''flammable'', and

''combustible'' as applied to any substance, liquid, solid, or the

content of a self-pressurized container shall be defined by

regulations issued by the Commission.

(2) The test methods found by the Commission to be generally

applicable for defining the flammability or combustibility

characteristics of any such substance shall also be specified in

such regulations.

(3) In establishing definitions and test methods related to

flammability and combustibility, the Commission shall consider the

existing definitions and test methods of other Federal agencies

involved in the regulation of flammable and combustible substances

in storage, transportation and use; and to the extent possible,

shall establish compatible definitions and test methods.

(4) Until such time as the Commission issues a regulation under

paragraph (1) defining the term ''combustible'' as applied to

liquids, such term shall apply to any liquid which has a flash

point above eighty degrees Fahrenheit to and including one hundred

and fifty degrees, as determined by the Tagliabue Open Cup Tester.

(m) The term ''radioactive substance'' means a substance which

emits ionizing radiation.

(n) The term ''label'' means a display of written, printed, or

graphic matter upon the immediate container of any substance or, in

the case of an article which is unpackaged or is not packaged in an

immediate container intended or suitable for delivery to the

ultimate consumer, a display of such matter directly upon the

article involved or upon a tag or other suitable material affixed

thereto; and a requirement made by or under authority of this

chapter that any word, statement, or other information appear on

the label shall not be considered to be complied with unless such

word, statement, or other information also appears (1) on the

outside container or wrapper, if any there be, unless it is easily

legible through the outside container or wrapper and (2) on all

accompanying literature where there are directions for use, written

or otherwise.

(o) The term ''immediate container'' does not include package

liners.

(p) The term ''misbranded hazardous substance'' means a hazardous

substance (including a toy, or other article intended for use by

children, which is a hazardous substance, or which bears or

contains a hazardous substance in such manner as to be susceptible

of access by a child to whom such toy or other article is

entrusted) intended, or packaged in a form suitable, for use in the

household or by children, if the packaging or labeling of such

substance is in violation of an applicable regulation issued

pursuant to section 1472 or 1473 of this title or if such

substance, except as otherwise provided by or pursuant to section

1262 of this title, fails to bear a label -

(1) which states conspicuously (A) the name and place of

business of the manufacturer, packer, distributor or seller; (B)

the common or usual name or the chemical name (if there be no

common or usual name) of the hazardous substance or of each

component which contributes substantially to its hazard, unless

the Commission by regulation permits or requires the use of a

recognized generic name; (C) the signal word ''DANGER'' on

substances which are extremely flammable, corrosive, or highly

toxic; (D) the signal word ''WARNING'' or ''CAUTION'' on all

other hazardous substances; (E) an affirmative statement of the

principal hazard or hazards, such as ''Flammable'',

''Combustible'', ''Vapor Harmful'', ''Causes Burns'', ''Absorbed

Through Skin'', or similar wording descriptive of the hazard; (F)

precautionary measures describing the action to be followed or

avoided, except when modified by regulation of the Commission

pursuant to section 1262 of this title; (G) instruction, when

necessary or appropriate, for first-aid treatment; (H) the word

''poison'' for any hazardous substance which is defined as

''highly toxic'' by subsection (h) of this section; (I)

instructions for handling and storage of packages which require

special care in handling or storage; and (J) the statement (i)

''Keep out of the reach of children'' or its practical

equivalent, or, (ii) if the article is intended for use by

children and is not a banned hazardous substance, adequate

directions for the protection of children from the hazard, and

(2) on which any statements required under subparagraph (1) of

this paragraph are located prominently and are in the English

language in conspicuous and legible type in contrast by

typography, layout, or color with other printed matter on the

label.

The term ''misbranded hazardous substance'' also includes a

household substance as defined in section 1471(2)(d) of this title

if it is a substance described in paragraph (1) of subsection (f)

of this section and its packaging or labeling is in violation of an

applicable regulation issued pursuant to section 1472 or 1473 of

this title.

(q)(1) The term ''banned hazardous substance'' means (A) any toy,

or other article intended for use by children, which is a hazardous

substance, or which bears or contains a hazardous substance in such

manner as to be susceptible of access by a child to whom such toy

or other article is entrusted; or (B) any hazardous substance

intended, or packaged in a form suitable, for use in the household,

which the Commission by regulation classifies as a ''banned

hazardous substance'' on the basis of a finding that,

notwithstanding such cautionary labeling as is or may be required

under this chapter for that substance, the degree or nature of the

hazard involved in the presence or use of such substance in

households is such that the objective of the protection of the

public health and safety can be adequately served only by keeping

such substance, when so intended or packaged, out of the channels

of interstate commerce: Provided, That the Commission, by

regulation, (i) shall exempt from clause (A) of this paragraph

articles, such as chemical sets, which by reason of their

functional purpose require the inclusion of the hazardous substance

involved or necessarily present an electrical, mechanical, or

thermal hazard, and which bear labeling giving adequate directions

and warnings for safe use and are intended for use by children who

have attained sufficient maturity, and may reasonably be expected,

to read and heed such directions and warnings, and (ii) shall

exempt from clause (A), and provide for the labeling of, common

fireworks (including toy paper caps, cone fountains, cylinder

fountains, whistles without report, and sparklers) to the extent

that it determines that such articles can be adequately labeled to

protect the purchasers and users thereof.

(2) Proceedings for the issuance, amendment, or repeal of

regulations pursuant to clause (B) of paragraph (1) of this

subsection shall be governed by the provisions of sections 371(e),

(f), and (g) of title 21: Provided, That if the Commission finds

that the distribution for household use of the hazardous substance

involved presents an imminent hazard to the public health, it may

by order published in the Federal Register give notice of such

finding, and thereupon such substance when intended or offered for

household use, or when so packaged as to be suitable for such use,

shall be deemed to be a ''banned hazardous substance'' pending the

completion of proceedings relating to the issuance of such

regulations.

(r) An article may be determined to present an electrical hazard

if, in normal use or when subjected to reasonably foreseeable

damage or abuse, its design or manufacture may cause personal

injury or illness by electric shock.

(s) An article may be determined to present a mechanical hazard

if, in normal use or when subjected to reasonably foreseeable

damage or abuse, its design or manufacture presents an unreasonable

risk of personal injury or illness (1) from fracture,

fragmentation, or disassembly of the article, (2) from propulsion

of the article (or any part or accessory thereof), (3) from points

or other protrusions, surfaces, edges, openings, or closures, (4)

from moving parts, (5) from lack of insufficiency of controls to

reduce or stop motion, (6) as a result of self-adhering

characteristics of the article, (7) because the article (or any

part or accessory thereof) may be aspirated or ingested, (8)

because of instability, or (9) because of any other aspect of the

article's design or manufacture.

(t) An article may be determined to present a thermal hazard if,

in normal use or when subjected to reasonably foreseeable damage or

abuse, its design or manufacture presents an unreasonable risk of

personal injury or illness because of heat as from heated parts,

substances, or surfaces.

-SOURCE-

(Pub. L. 86-613, Sec. 2, July 12, 1960, 74 Stat. 372; Pub. L.

89-756, Sec. 2(a)-(c), 3(a), Nov. 3, 1966, 80 Stat. 1303, 1304;

Pub. L. 91-113, Sec. 2(a), (c), (d), 3, Nov. 6, 1969, 83 Stat.

187-189; Pub. L. 91-601, Sec. 6(a), formerly Sec. 7(a), Dec. 30,

1970, 84 Stat. 1673, renumbered Pub. L. 97-35, title XII, Sec.

1205(c), Aug. 13, 1981, 95 Stat. 716; Pub. L. 92-516, Sec. 3(1),

Oct. 21, 1972, 86 Stat. 998; Pub. L. 92-573, Sec. 30(a), Oct. 27,

1972, 86 Stat. 1231; Pub. L. 94-284, Sec. 3(c), May 11, 1976, 90

Stat. 503; Pub. L. 95-631, Sec. 9, Nov. 10, 1978, 92 Stat. 3747;

Pub. L. 99-339, title I, Sec. 109(d)(1), June 19, 1986, 100 Stat.

653.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 86-613. For complete classification of this

Act to the Code, see Short Title note set out below and Tables.

For definition of Canal Zone, referred to in subsec. (a), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (f)(2), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is

classified generally to subchapter II (Sec. 136 et seq.) of chapter

6 of Title 7, Agriculture. For complete classification of this Act

to the Code, see Short Title note set out under section 136 of

Title 7 and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(f)(2), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

The Atomic Energy Act of 1954, as amended, referred to in subsec.

(f)(3), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30,

1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is

classified generally to chapter 23 (Sec. 2011 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 2011 of

Title 42 and Tables.

-COD-

CODIFICATION

Subsec. (c), which read ''The term 'Department' means the

Department of Health, Education, and Welfare'' has been omitted

from the Code in view of the transfer of functions of the Secretary

of Health, Education, and Welfare under this chapter to the

Consumer Product Safety Commission pursuant to section 30(a) of

Pub. L. 92-573 which is classified to section 2079(a) of this

title.

-MISC3-

AMENDMENTS

1986 - Subsec. (f)(1)(E). Pub. L. 99-339 added subpar. (E).

1978 - Subsec. (l). Pub. L. 95-631 transferred the duties

hereunder to the Commission from the Secretary; incorporated in

provisions designated par. (1) existing text, authorized

regulations to be applicable to liquids, and struck out definition

of ''extremely flammable'' as substance with flash point at or

below twenty degrees Fahrenheit and ''flammable'' as substance with

a flash point of above twenty degrees to and including eighty

degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester;

incorporated in provisions designated par. (2) existing text

extended to liquids covered in term ''substance''; added par. (3);

and incorporated in provisions designated par. (4) existing text

applicable until superseded by regulation.

1976 - Subsec. (f)(2). Pub. L. 94-284 inserted ''nor to tobacco

and tobacco products,'' after ''or refrigeration system of a

house''.

1972 - Subsec. (f)(2). Pub. L. 92-516 substituted ''pesticides''

for ''economic poisons'' and ''a pesticide'' for ''an economic

poison'' wherever appearing.

1970 - Subsec. (p). Pub. L. 91-601 substituted in text preceding

par. (1) ''if the packaging or labeling of such substance is in

violation of an applicable regulation issued pursuant to section

1472 or 1473 of this title or if such substance'' for ''which

substance'' and inserted following and below par. (2) provision

including in ''misbranded hazardous substance'' a household

substance as defined in section 1471(2)(D) of this title if it is a

substance described in par. (1) of subsec. (f) of this section and

its packaging or labeling is in violation of an applicable

regulation issued pursuant to section 1472 or 1473 of this title.

1969 - Subsec. (f)(1)(A). Pub. L. 91-113, Sec. 3(a), inserted

''or combustible'' after ''is flammable''.

Subsec. (f)(1)(D). Pub. L. 91-113, Sec. 2(a), added subsec.

(f)(1)(D).

Subsec. (l). Pub. L. 91-113, Sec. 3(b), inserted definition of

term ''combustible'' and expanded references to ''flammability''

and ''flammable'' to include ''combustibility'' and

''combustible'', respectively.

Subsec. (p)(1)(E). Pub. L. 91-113, Sec. 3(c), inserted

''Combustible'' to the enumerated affirmative statements of the

principal hazard or hazards required to be stated on the label of a

hazardous substance.

Subsec. (q)(1). Pub. L. 91-113, Sec. 2(c), inserted ''or

necessarily present an electrical, mechanical, or thermal hazard''

after ''hazardous substance involved''.

Subsecs. (r) to (t). Pub. L. 91-113, Sec. 2(d), added subsecs.

(r) to (t).

1966 - Subsec. (f). Pub. L. 89-756, Sec. 2(a), provided that

''hazardous substances'' shall apply to any article which is not

itself an economic poison within the meaning of the Federal

Insecticide, Fungicide, and Rodenticide Act but which is a hazard

substance within the meaning of par. (1) of this subsec. by reason

of its bearing or containing an economic poison.

Subsec. (n). Pub. L. 89-756, Sec. 2(b), enlarged term ''label''

to include, where the article is unpackaged or is packaged in an

immediate container not intended or suitable for delivery to the

ultimate consumer, a display of written, printed or graphic matter

directly upon the article involved or upon a tag or other suitable

material affixed thereto.

Subsec. (p). Pub. L. 89-756, Sec. 2(c), in introductory text

preceding par. (1) substituted ''misbranded hazardous substance''

for ''misbranded package'' and ''misbranded package of a hazardous

substance'' and as so retermed enlarged applicability to include

toys and other articles intended for use by children, which are

hazardous substances, or which bear or contain hazardous substances

when susceptible of access by children, and in par. (1), clause (J)

inserted further category of ''misbranded hazardous substance''

where the article is intended for use by children and is not a

banned hazardous substance and fails to bear a label with adequate

directions for the protection of children from the hazard.

Subsec. (q). Pub. L. 89-756, Sec. 3(a), added subsec. (q).

EFFECTIVE DATE OF 1986 AMENDMENT

Section 109(d)(3) of Pub. L. 99-339 provided that: ''The

amendments made by this subsection (amending this section and

section 1263 of this title) shall become effective 24 months after

the enactment of this Act (June 19, 1986).''

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-516 effective at close of Oct. 21, 1972,

except if regulations are necessary for the implementation of any

provision that becomes effective on Oct. 21, 1972, and continuation

in effect of subchapter I of chapter 6 of title 7, and regulations

thereunder, relating to the control of economic poisons, as in

existence prior to Oct. 21, 1972, until superseded by provisions of

Pub. L. 92-516 and regulations thereunder, see section 4 of Pub. L.

92-516, set out as a note under section 136 of Title 7,

Agriculture.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-601 effective Dec. 30, 1970, and

regulations establishing special packaging standards effective no

sooner than 180 days or later than one year from date regulations

are final, or an earlier date published in Federal Register, see

section 8 of Pub. L. 91-601, set out as a note under section 1471

of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Section 5 of Pub. L. 91-113 provided that: ''The amendments made

by this Act (see Short Title of 1969 Amendment note below) shall

take effect on the sixtieth day following the date of the enactment

of this Act (Nov. 6, 1969).''

EFFECTIVE DATE

Pub. L. 86-613, Sec. 17, formerly Sec. 16, July 12, 1960, 74

Stat. 380, renumbered Pub. L. 91-113, Sec. 4(a), Nov. 6, 1969, 83

Stat. 189, provided that: ''This Act (enacting this chapter and

repealing sections 401 to 411 of this title) shall take effect upon

the date of its enactment (July 12, 1960); but no penalty or

condemnation shall be enforced for any violation of this Act which

occurs -

''(a) prior to the expiration of the sixth calendar month after

the month in which this Act is enacted (July 1960), or

''(b) prior to the expiration of such additional period or

periods, ending not more than eighteen months after the month of

enactment of this Act (July 1960), as the Secretary may prescribe

on the basis of a finding that conditions exist which necessitate

the prescribing of such additional period or periods: Provided,

That the Secretary may limit the application of such additional

period or periods to violations related to specified provisions

of this Act, or to specified kinds of hazardous substances or

packages thereof.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-267, Sec. 1, June 16, 1994, 108 Stat. 722, provided

that: ''This Act (enacting sections 1278 and 6001 to 6006 of this

title and provisions set out as notes under this section and

sections 1278, 2064, and 6001 of this title) may be cited as the

'Child Safety Protection Act'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-491, Sec. 1, Oct. 17, 1984, 98 Stat. 2269, provided:

''That this Act (amending section 1274 of this title) may be cited

as the 'Toy Safety Act of 1984'.''

SHORT TITLE OF 1969 AMENDMENT

Section 1 of Pub. L. 91-113 provided that: ''This Act (enacting

section 1274 of this title, amending this section and section 1262

of this title, enacting provisions set out as notes under this

section, and amending provisions set out as notes under this

section and section 401 of this title) may be cited as the 'Child

Protection and Toy Safety Act of 1969'.''

SHORT TITLE OF 1966 AMENDMENT

Section 1 of Pub. L. 89-756 provided that: ''This title (probably

means this ''Act'', amending this section, sections 1262, 1263,

1264, 1265, 1273 of this title, and provisions set out as a note

under this section) may be cited as the 'Child Protection Act of

1966'.''

SHORT TITLE

Section 1 of Pub. L. 86-613, as amended by section 5 of Pub. L.

89-756, provided: ''This Act (enacting this chapter, repealing

sections 401 to 411 of this title, and enacting notes set out under

this section), may be cited as the 'Federal Hazardous Substances

Act'.''

SEPARABILITY

Pub. L. 86-613, Sec. 16, formerly Sec. 15, July 12, 1960, 74

Stat. 380, renumbered Pub. L. 91-113, Sec. 4(a), Nov. 6, 1969, 83

Stat. 189, provided that: ''If any provision of this Act (enacting

this chapter and repealing sections 401 to 411 of this title) is

declared unconstitutional, or the applicability thereof to any

person or circumstance is held invalid, the constitutionality of

the remainder of the Act and the applicability thereof to other

persons and circumstances shall not be affected thereby.''

-TRANS-

TRANSFER OF FUNCTIONS

In subsec. (d), ''Commission'' substituted for ''Secretary'' and

''Consumer Product Safety Commission'' substituted for ''Secretary

of Health, Education, and Welfare'' and in subsecs. (f)(1)(B) to

(D), (h)(2), (k), (p)(1), and (q), ''Commission'' substituted for

''Secretary'' and ''it'' substituted for ''he'' wherever appearing

pursuant to section 30(a) of Pub. L. 92-573, which is classified to

section 2079(a) of this title and which transferred functions of

Secretary of Health, Education, and Welfare under this chapter to

Consumer Product Safety Commission.

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See, also, Transfer of Functions notes set out under those

sections.

-MISC5-

EFFECT UPON FEDERAL AND STATE LAW

Pub. L. 86-613, Sec. 18, formerly Sec. 17, July 12, 1960, 74

Stat. 380, as amended by Pub. L. 89-756, Sec. 4(a), Nov. 3, 1966,

80 Stat. 1305; renumbered and amended by Pub. L. 91-113, Sec. 4(a),

(b)(1), Nov. 6, 1969, 83 Stat. 189, 190; Pub. L. 94-284, Sec.

17(a), May 11, 1976, 90 Stat. 510, provided that:

''(a) Nothing in this act (enacting this chapter and repealing

sections 401 to 411 of this title) shall be construed to modify or

affect the provisions of the Flammable Fabrics Act, as amended (15

U.S.C. 1191 to 1200) (sections 1191 to 1204 of this title), or any

regulations promulgated thereunder; or of chapter 39, title 18,

United States Code, as amended (18 U.S.C. 831 et seq.), or any

regulations promulgated thereunder or under sections 204(a)(2) and

204(a)(3) of the Interstate Commerce Act, as amended (section 31502

of Title 49, Transportation) (relating to the transportation of

dangerous substances and explosives by surface carriers); or of

section 1716, title 18, United States Code, or any regulations

promulgated thereunder (relating to mailing of dangerous

substances); or of section 902 (section 1472 of former Title 49) or

regulations promulgated under section 601 of the Federal Aviation

Act of 1958 (section 1421 of former Title 49) (relating to

transportation of dangerous substances and explosives in aircraft);

or of the Federal Food, Drug, and Cosmetic Act (chapter 9 of Title

21, Food and Drugs); or of the Public Health Service Act (chapter

6A of Title 42, The Public Health and Welfare); or of the Federal

Insecticide, Fungicide, and Rodenticide Act (section 136 et seq. of

Title 7, Agriculture); or of the Dangerous Drug Act for the

District of Columbia (70 Stat. 612), or the Act entitled 'An Act to

regulate the practice of pharmacy and the sale of poisons in the

District of Columbia, and for other purposes', approved May 7, 1906

(34 Stat. 175), as amended; or of any other Act of Congress, except

as specified in section 19 (set out as a note under sections 401 to

411 of this title).

''(b)(1)(A) Except as provided in paragraphs (2) and (3), if a

hazardous substance or its packaging is subject to a cautionary

labeling requirement under section 2(p) or 3(b) (subsec. (p) of

this section or section 1262(b) of this title) designed to protect

against a risk of illness or injury associated with the substance,

no State or political subdivision of a State may establish or

continue in effect a cautionary labeling requirement applicable to

such substance or packaging and designed to protect against the

same risk of illness or injury unless such cautionary labeling

requirement is identical to the labeling requirement under section

2(p) or 3(b) (subsec. (p) of this section or section 1262(b) of

this title).

''(B) Except as provided in paragraphs (2), (3), and (4), if

under regulations of the Commission promulgated under or for the

enforcement of section 2(q) (subsec. (q) of this section) a

requirement is established to protect against a risk of illness or

injury associated with a hazardous substance, no State or political

subdivision of a State may establish or continue in effect a

requirement applicable to such substance and designed to protect

against the same risk of illness or injury unless such requirement

is identical to the requirement established under such regulations.

''(2) The Federal Government and the government of any State or

political subdivision of a State may establish and continue in

effect a requirement applicable to a hazardous substance for its

own use (or to the packaging of such a substance) which requirement

is designed to protect against a risk of illness or injury

associated with such substance and which is not identical to a

requirement described in paragraph (1) applicable to such substance

(or packaging) and designed to protect against the same risk of

illness or injury if the Federal, State, or political subdivision

requirement provides a higher degree of protection from such risk

of illness or injury than the requirement described in paragraph

(1).

''(3)(A) Upon application of a State or political subdivision of

a State, the Commission may, by regulation promulgated in

accordance with subparagraph (B), exempt from paragraph (1), under

such conditions as may be prescribed in such regulation, any

requirement of such State or political subdivision designed to

protect against a risk of illness or injury associated with a

hazardous substance if -

''(i) compliance with the requirement would not cause the

hazardous substance (or its packaging) to be in violation of the

applicable requirement described in paragraph (1), and

''(ii) the State or political subdivision requirement (I)

provides a significantly higher degree of protection from such

risk of illness or injury than the requirement described in

paragraph (1), and (II) does not unduly burden interstate

commerce.

In determining the burden, if any, of a State or political

subdivision requirement on interstate commerce the Commission shall

consider and make appropriate (as determined by the Commission in

its discretion) findings on the technological and economic

feasibility of complying with such requirement, the cost of

complying with such requirement, the geographic distribution of the

substance to which the requirement would apply, the probability of

other States or political subdivisions applying for an exemption

under this paragraph for a similar requirement, and the need for a

national, uniform requirement under this Act (this chapter) for

such substance (or its packaging).

''(B) A regulation under subparagraph (A) granting an exemption

for a requirement of a State or political subdivision of a State

may be promulgated by the Commission only after it has provided, in

accordance with section 553(b) of title 5, United States Code,

notice with respect to the promulgation of the regulation and has

provided opportunity for the oral presentation of views respecting

its promulgation.

''(4) Paragraph (1)(B) does not prohibit a State or a political

subdivision of a State from establishing or continuing in effect a

requirement which is designed to protect against a risk of illness

or injury associated with fireworks devices or components thereof

and which provides a higher degree of protection from such risk of

illness or injury than a requirement in effect under a regulation

of the Commission described in such paragraph.

''(5) As used in this subsection, the term 'Commission' means the

Consumer Product Safety Commission.''

SMALL BALLS AS BANNED HAZARDOUS SUBSTANCES

Pub. L. 103-267, title I, Sec. 101(b), June 16, 1994, 108 Stat.

725, provided that: ''A small ball -

''(1) intended for children under the age of 3 years of age,

and

''(2) with a diameter of 1.75 inches or less,

shall be considered a banned hazardous substance under section 2(q)

of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)).''

(Section 101(b) of Pub. L. 103-267, set out above, effective Jan.

1, 1995, see section 101(d) of Pub. L. 103-267, set out as an

Effective Date note under section 1278 of this title.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1262, 1275, 1276, 1278,

1471, 2080 of this title.

-CITE-

15 USC Sec. 1262 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1262. Declaration of hazardous substances

-STATUTE-

(a) Declaration of hazardous substances by regulation; review

(1) Whenever in the judgment of the Commission such action will

promote the objectives of this chapter by avoiding or resolving

uncertainty as to its application, the Commission may by regulation

declare to be a hazardous substance, for the purposes of this

chapter, any substance or mixture of substances which it finds

meets the requirements of subparagraph (1)(A) of section 1261(f) of

this title.

(2) Proceedings for the issuance, amendment, or repeal of

regulations under this subsection and the admissibility of the

record of such proceedings in other proceedings, shall in all

respects be governed by the provisions of section 371(e), (f), and

(g) of title 21, except that -

(A) the Commission's order after public hearing (acting upon

objections filed to an order made prior to hearing) shall be

subject to the requirements of section 348(f)(2) of title 21; and

(B) the scope of judicial review of such order shall be in

accordance with the fourth sentence of paragraph (2), and with

the provisions of paragraph (3) of section 348(g) of title 21.

(b) Reasonable variations or additional label requirements

If the Commission finds that the requirements of section

1261(p)(1) of this title are not adequate for the protection of the

public health and safety in view of the special hazard presented by

any particular hazardous substance, it may by regulation establish

such reasonable variations or additional label requirements as it

finds necessary for the protection of the public health and safety;

and any such hazardous substance intended, or packaged in a form

suitable, for use in the household or by children, which fails to

bear a label in accordance with such regulations shall be deemed to

be a misbranded hazardous substance.

(c) Exemption from requirements by regulation

If the Commission finds that, because of the size of the package

involved or because of the minor hazard presented by the substance

contained therein, or for other good and sufficient reasons, full

compliance with the labeling requirements otherwise applicable

under this chapter is impracticable or is not necessary for the

adequate protection of the public health and safety, the Commission

shall promulgate regulations exempting such substance from these

requirements to the extent it determines to be consistent with

adequate protection of the public health and safety.

(d) Exemption from requirements of this chapter of substances or

containers adequately regulated by other provisions of law

The Commission may exempt from the requirements established by or

pursuant to this chapter any hazardous substance or container of a

hazardous substance with respect to which it finds that adequate

requirements satisfying the purposes of this chapter have been

established by or pursuant to any other Act of Congress.

(e) Regulation of toys or articles intended for use by children

(1) A determination by the Commission that a toy or other article

intended for use by children presents an electrical, mechanical, or

thermal hazard shall be made by regulation in accordance with the

procedures prescribed by section 553 (other than clause (B) of the

last sentence of subsection (b) of such section) of title 5 unless

the Commission elects the procedures prescribed by subsection (e)

of section 371 of title 21, in which event such subsection and

subsections (f) and (g) of such section 371 of title 21 shall apply

to the making of such determination. If the Commission makes such

election, it shall publish that fact with the proposal required to

be published under paragraph (1) of such subsection (e).

(2) If, before or during a proceeding pursuant to paragraph (1)

of this subsection, the Commission finds that, because of an

electrical, mechanical, or thermal hazard, distribution of the toy

or other article involved presents an imminent hazard to the public

health and it, by order published in the Federal Register, gives

notice of such finding, such toy or other article shall be deemed

to be a banned hazardous substance for purposes of this chapter

until the proceeding has been completed. If not yet initiated when

such order is published, such a proceeding shall be initiated as

promptly as possible.

(3)(A) In the case of any toy or other article intended for use

by children which is determined by the Commission, in accordance

with section 553 of title 5, to present an electrical, mechanical,

or thermal hazard, any person who will be adversely affected by

such a determination may, at any time prior to the 60th day after

the regulation making such determination is issued by the

Commission, file a petition with the United States Court of Appeals

for the circuit in which such person resides or has his principal

place of business for a judicial review of such determination. A

copy of the petition shall be forthwith transmitted by the clerk of

the court to the Commission or other officer designated by it for

that purpose. The Commission shall file in the court the record of

the proceedings on which the Commission based its determination, as

provided in section 2112 of title 28.

(B) If the petitioner applies to the court for leave to adduce

additional evidence, and shows to the satisfaction of the court

that such additional evidence is material and that there was no

opportunity to adduce such evidence in the proceeding before the

Commission, the court may order such additional evidence (and

evidence in rebuttal thereof) to be taken before the Commission in

a hearing or in such other manner, and upon such terms and

conditions, as to the court may seem proper. The Commission may

modify its findings as to the facts, or make new findings, by

reason of the additional evidence so taken, and it shall file such

modified or new findings, and its recommendation, if any, for the

modification or setting aside of its original determination, with

the return of such additional evidence.

(C) Upon the filing of the petition under this paragraph, the

court shall have jurisdiction to review the determination of the

Commission in accordance with subparagraphs (A), (B), (C), and (D),

of paragraph (2) of the second sentence of section 706 of title 5.

If the court ordered additional evidence to be taken under

subparagraph (B) of this paragraph, the court shall also review the

Commission's determination to determine if, on the basis of the

entire record before the court pursuant to subparagraphs (A) and

(B) of this paragraph, it is supported by substantial evidence. If

the court finds the determination is not so supported, the court

may set it aside. With respect to any determination reviewed under

this paragraph, the court may grant appropriate relief pending

conclusion of the review proceedings, as provided in section 705 of

title 5.

(D) The judgment of the court affirming or setting aside, in

whole or in part, any such determination of the Commission shall be

final, subject to review by the Supreme Court of the United States

upon certiorari or certification, as provided in section 1254 of

title 28.

(f) Commencement of proceeding for promulgation of regulation;

notice

A proceeding for the promulgation of a regulation under section

1261(q)(1) of this title classifying an article or substance as a

banned hazardous substance or a regulation under subsection (e) of

this section shall be commenced by the publication in the Federal

Register of an advance notice of proposed rulemaking which shall -

(1) identify the article or substance and the nature of the

risk of injury associated with the article or substance;

(2) include a summary of each of the regulatory alternatives

under consideration by the Commission (including voluntary

standards);

(3) include information with respect to any existing standard

known to the Commission which may be relevant to the proceedings,

together with a summary of the reasons why the Commission

believes preliminarily that such standard does not eliminate or

adequately reduce the risk of injury identified in paragraph (1);

(4) invite interested persons to submit to the Commission,

within such period as the Commission shall specify in the notice

(which period shall not be less than 30 days or more than 60 days

after the date of publication of the notice), comments with

respect to the risk of injury identified by the Commission, the

regulatory alternatives being considered, and other possible

alternatives for addressing the risk;

(5) invite any person (other than the Commission) to submit to

the Commission, within such period as the Commission shall

specify in the notice (which period shall not be less than 30

days after the date of publication of the notice), an existing

standard or a portion of a standard as a proposed regulation

under section 1261(q)(1) of this title or subsection (e) of this

section; and

(6) invite any person (other than the Commission) to submit to

the Commission, within such period as the Commission shall

specify in the notice (which period shall not be less than 30

days after the date of publication of the notice), a statement of

intention to modify or develop a voluntary standard to address

the risk of injury identified in paragraph (1) together with a

description of a plan to modify or develop the standard.

The Commission shall transmit such notice within 10 calendar days

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives.

(g) Publication of standard; termination of proceeding for

promulgation of regulation; monitoring of compliance

(1) If the Commission determines that any standard submitted to

it in response to an invitation in a notice published under

subsection (f)(5) of this section if promulgated (in whole, in

part, or in combination with any other standard submitted to the

Commission or any part of such a standard) as a regulation under

section 1261(q)(1) of this title or subsection (e) of this section,

as the case may be, would eliminate or adequately reduce the risk

of injury identified in the notice provided under subsection (f)(1)

of this section, the Commission may publish such standard, in

whole, in part, or in such combination and with nonmaterial

modifications, as a proposed regulation under such section or

subsection.

(2) If the Commission determines that -

(A) compliance with any standard submitted to it in response to

an invitation in a notice published under subsection (f)(6) of

this section is likely to result in the elimination or adequate

reduction of the risk of injury identified in the notice, and

(B) it is likely that there will be substantial compliance with

such standard,

the Commission shall terminate any proceeding to promulgate a

regulation under section 1261(q)(1) of this title or subsection (e)

of this section, respecting such risk of injury and shall publish

in the Federal Register a notice which includes the determination

of the Commission and which notifies the public that the Commission

will rely on the voluntary standard to eliminate or reduce the risk

of injury, except that the Commission shall terminate any such

proceeding and rely on a voluntary standard only if such voluntary

standard is in existence. For purposes of this section, a

voluntary standard shall be considered to be in existence when it

is finally approved by the organization or other person which

developed such standard, irrespective of the effective date of the

standard. Before relying upon any voluntary standard, the

Commission shall afford interested persons (including

manufacturers, consumers, and consumer organizations) a reasonable

opportunity to submit written comments regarding such standard.

The Commission shall consider such comments in making any

determination regarding reliance on the involved voluntary standard

under this subsection.

(3) The Commission shall devise procedures to monitor compliance

with any voluntary standards -

(A) upon which the Commission has relied under paragraph (2) of

this subsection;

(B) which were developed with the participation of the

Commission; or

(C) whose development the Commission has monitored.

(h) Publication of proposed rule together with preliminary

regulatory analysis

No regulation under section 1261(q)(1) of this title classifying

an article or substance as a banned hazardous substance and no

regulation under subsection (e) of this section may be proposed by

the Commission unless, not less than 60 days after publication of

the notice required in subsection (f) of this section, the

Commission publishes in the Federal Register the text of the

proposed rule, including any alternatives, which the Commission

proposes to promulgate, together with a preliminary regulatory

analysis containing -

(1) a preliminary description of the potential benefits and

potential costs of the proposed regulation, including any

benefits or costs that cannot be quantified in monetary terms,

and an identification of those likely to receive the benefits and

bear the costs;

(2) a discussion of the reasons any standard or portion of a

standard submitted to the Commission under subsection (f)(5) of

this section was not published by the Commission as the proposed

regulation or part of the proposed regulation;

(3) a discussion of the reasons for the Commission's

preliminary determination that efforts proposed under subsection

(f)(6) of this section and assisted by the Commission as required

by section 2054(a)(3) of this title would not, within a

reasonable period of time, be likely to result in the development

of a voluntary standard that would eliminate or adequately reduce

the risk of injury identified in the notice provided under

subsection (f)(1) of this section; and

(4) a description of any reasonable alternatives to the

proposed regulation, together with a summary description of their

potential costs and benefits, and a brief explanation of why such

alternatives should not be published as a proposed regulation.

The Commission shall transmit such notice within 10 calendar days

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives.

(i) Publication of final regulatory analysis with regulation;

required findings; judicial review

(1) The Commission shall not promulgate a regulation under

section 1261(q)(1) of this title classifying an article or

substance as a banned hazardous substance or a regulation under

subsection (e) of this section unless it has prepared a final

regulatory analysis of the regulation containing the following

information:

(A) A description of the potential benefits and potential costs

of the regulation, including costs and benefits that cannot be

quantified in monetary terms, and the identification of those

likely to receive the benefits and bear the costs.

(B) A description of any alternatives to the final regulation

which were considered by the Commission, together with a summary

description of their potential benefits and costs and a brief

explanation of the reasons why these alternatives were not

chosen.

(C) A summary of any significant issues raised by the comments

submitted during the public comment period in response to the

preliminary regulatory analysis, and a summary of the assessment

by the Commission of such issues.

The Commission shall publish its final regulatory analysis with the

regulation.

(2) The Commission shall not promulgate a regulation under

section 1261(q)(1) of this title classifying an article or

substance as a banned hazardous substance or a regulation under

subsection (e) of this section unless it finds (and includes such

finding in the regulation) -

(A) in the case of a regulation which relates to a risk of

injury with respect to which persons who would be subject to such

regulation have adopted and implemented a voluntary standard,

that -

(i) compliance with such voluntary standard is not likely to

result in the elimination or adequate reduction of such risk of

injury; or

(ii) it is unlikely that there will be substantial compliance

with such voluntary standard;

(B) that the benefits expected from the regulation bear a

reasonable relationship to its costs; and

(C) that the regulation imposes the least burdensome

requirement which prevents or adequately reduces the risk of

injury for which the regulation is being promulgated.

(3)(A) Any regulatory analysis prepared under subsection (h) of

this section or paragraph (1) shall not be subject to independent

judicial review, except that when an action for judicial review of

a regulation is instituted, the contents of any such regulatory

analysis shall constitute part of the whole rulemaking record of

agency action in connection with such review.

(B) The provisions of subparagraph (A) shall not be construed to

alter the substantive or procedural standards otherwise applicable

to judicial review of any action by the Commission.

(j) Petition to initiate rulemaking

The Commission shall grant, in whole or in part, or deny any

petition under section 553(e) of title 5 requesting the Commission

to initiate a rulemaking, within a reasonable time after the date

on which such petition is filed. The Commission shall state the

reasons for granting or denying such petition. The Commission may

not deny any such petition on the basis of a voluntary standard

unless the voluntary standard is in existence at the time of the

denial of the petition, the Commission has determined that the

voluntary standard is likely to result in the elimination or

adequate reduction of the risk of injury identified in the

petition, and it is likely that there will be substantial

compliance with the standard.

-SOURCE-

(Pub. L. 86-613, Sec. 3, July 12, 1960, 74 Stat. 374; Pub. L.

89-756, Sec. 2(d), (e), Nov. 3, 1966, 80 Stat. 1303, 1304; Pub. L.

91-113, Sec. 2(b), Nov. 6, 1969, 83 Stat. 187; Pub. L. 92-573, Sec.

30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 97-35, title XII, Sec.

1203(b)(1), Aug. 13, 1981, 95 Stat. 708; Pub. L. 101-608, title I,

Sec. 107(b), 108(b), 110(b), Nov. 16, 1990, 104 Stat. 3112, 3113.)

-MISC1-

AMENDMENTS

1990 - Subsec. (g)(2). Pub. L. 101-608, Sec. 108(b), struck out

period at end and inserted '', except that the Commission shall

terminate any such proceeding and rely on a voluntary standard only

if such voluntary standard is in existence. For purposes of this

section, a voluntary standard shall be considered to be in

existence when it is finally approved by the organization or other

person which developed such standard, irrespective of the effective

date of the standard. Before relying upon any voluntary standard,

the Commission shall afford interested persons (including

manufacturers, consumers, and consumer organizations) a reasonable

opportunity to submit written comments regarding such standard.

The Commission shall consider such comments in making any

determination regarding reliance on the involved voluntary standard

under this subsection.''

Subsec. (g)(3). Pub. L. 101-608, Sec. 107(b), added par. (3).

Subsec. (j). Pub. L. 101-608, Sec. 110(b), added subsec. (j).

1981 - Subsecs. (f) to (i). Pub. L. 97-35 added subsecs. (f) to

(i).

1969 - Subsec. (e). Pub. L. 91-113 added subsec. (e).

1966 - Subsec. (b). Pub. L. 89-756, Sec. 2(d), substituted ''any

such hazardous substance intended, or packaged in a form suitable,

for use in the household or by children, which fails to bear a

label in accordance with such regulations shall be deemed to be a

misbranded hazardous substance'' for ''any container of such

hazardous substance, intended or suitable for household use, which

fails to bear a label in accordance with such regulations shall be

deemed to be a misbranded package of a hazardous substance''.

Subsec. (d). Pub. L. 89-756, Sec. 2(e), inserted ''hazardous

substance or'' before ''container of a hazardous substance''.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 applicable with respect to regulations

under this chapter and chapters 25 and 47 of this title for which

notices of proposed rulemaking are issued after Aug. 14, 1981, see

section 1215 of Pub. L. 97-35, set out as a note under section 2052

of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-113 effective on sixtieth day following

Nov. 6, 1969, see section 5 of Pub. L. 91-113, set out as a note

under section 1261 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'', ''Commission's''

for ''Secretary's'', ''it'' for ''he'', and ''it'' or ''its'' for

''him'' wherever appearing in subsecs. (a) to (e) pursuant to

section 30(a) of Pub. L. 92-573, which is classified to section

2079(a) of this title and which transferred functions of Secretary

of Health, Education, and Welfare under this chapter to Consumer

Product Safety Commission.

-MISC5-

NATIONAL COMMISSION ON PRODUCT SAFETY

Pub. L. 90-146, Nov. 20, 1967, 81 Stat. 466, as amended by Pub.

L. 91-51, Aug. 4, 1969, 83 Stat. 86, established a National

Commission on Product Safety to study and investigate the scope and

adequacy of measures to protect consumers against unreasonable risk

of injuries which may be caused by hazardous household products and

required the Commission to transmit its final report to the

President and to the Congress by June 30, 1970. Ninety days after

submission of its final report the Commission ceased to exist by

the express terms of Pub. L. 90-146.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1261, 1275, 1276, 1277 of

this title.

-CITE-

15 USC Sec. 1263 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1263. Prohibited acts

-STATUTE-

The following acts and the causing thereof are prohibited:

(a) The introduction or delivery for introduction into interstate

commerce of any misbranded hazardous substance or banned hazardous

substance.

(b) The alteration, mutilation, destruction, obliteration, or

removal of the whole or any part of the label of, or the doing of

any other act with respect to, a hazardous substance, if such act

is done while the substance is in interstate commerce, or while the

substance is held for sale (whether or not the first sale) after

shipment in interstate commerce, and results in the hazardous

substance being a misbranded hazardous substance or banned

hazardous substance.

(c) The receipt in interstate commerce of any misbranded

hazardous substance or banned hazardous substance and the delivery

or proffered delivery thereof for pay or otherwise.

(d) The giving of a guarantee or undertaking referred to in

section 1264(b)(2) of this title which guarantee or undertaking is

false, except by a person who relied upon a guarantee or

undertaking to the same effect signed by, and containing the name

and address of, the person residing in the United States from whom

he received in good faith the hazardous substance.

(e) The failure to permit entry or inspection as authorized by

section 1270(b) of this title or to permit access to and copying of

any record as authorized by section 1271 of this title.

(f) The introduction or delivery for introduction into interstate

commerce, or the receipt in interstate commerce and subsequent

delivery or proffered delivery for pay or otherwise, of a hazardous

substance in a reused food, drug, or cosmetic container or in a

container which, though not a reused container, is identifiable as

a food, drug, or cosmetic container by its labeling or by other

identification. The reuse of a food, drug, or cosmetic container

as a container for a hazardous substance shall be deemed to be an

act which results in the hazardous substance being a misbranded

hazardous substance. As used in this paragraph, the terms

''food'', ''drug'', and ''cosmetic'' shall have the same meanings

as in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et

seq.).

(g) The manufacture of a misbranded hazardous substance or banned

hazardous substance within the District of Columbia or within any

territory not organized with a legislative body.

(h) The use by any person to his own advantage, or revealing

other than to the Commission or officers or employees of the

Commission, or to the courts when relevant in any judicial

proceeding under this chapter, of any information acquired under

authority of section 1270 of this title concerning any method of

process which as a trade secret is entitled to protection.

(i) The failure to notify the Consumer Product Safety Commission

with respect to exports, pursuant to section 1273(d) of this title.

(j) The failure to comply with an order issued under section 1274

of this title.

(k) The introduction or delivery for introduction into interstate

commerce of any lead solder which has a lead content in excess of

0.2 percent which does not prominently display a warning label

stating the lead content of the solder and warning that the use of

such solder in the making of joints or fittings in any private or

public potable water supply system is prohibited.

-SOURCE-

(Pub. L. 86-613, Sec. 4, July 12, 1960, 74 Stat. 375; Pub. L.

89-756, Sec. 2(f), 3(b), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 95-631,

Sec. 7(a), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97-35, title XII,

Sec. 1211(f)(2), Aug. 13, 1981, 95 Stat. 723; Pub. L. 99-339, title

I, Sec. 109(d)(2), June 19, 1986, 100 Stat. 653.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(f), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

-MISC2-

AMENDMENTS

1986 - Subsec. (k). Pub. L. 99-339 added subsec. (k).

1981 - Subsec. (j). Pub. L. 97-35 added subsec. (j).

1978 - Subsec. (i). Pub. L. 95-631 added subsec. (i).

1966 - Subsec. (a). Pub. L. 89-756, Sec. 2(f)(1), 3(b),

substituted ''misbranded hazardous substance or banned hazardous

substance'' for ''misbranded package of a hazardous substance''.

Subsec. (b). Pub. L. 89-756, Sec. 2(f)(2), 3(b), substituted

''being a misbranded hazardous substance or banned hazardous

substance'' for ''being in a misbranded package''.

Subsec. (c). Pub. L. 89-756, Sec. 2(f)(1), 3(b), substituted

''misbranded hazardous substance or banned hazardous substance''

for ''misbranded package of a hazardous substance''.

Subsec. (f). Pub. L. 89-756, Sec. 2(f)(2), substituted ''being a

misbranded hazardous substance'' for ''being in a misbranded

package''.

Subsec. (g). Pub. L. 89-756, Sec. 2(f)(1), 3(b), substituted

''misbranded hazardous substance or banned hazardous substance''

for ''misbranded package of a hazardous substance''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-339 effective 24 months after June 19,

1986, see section 109(d)(3) of Pub. L. 99-339, set out as a note

under section 1261 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' and for

''Department'' in subsec. (h) pursuant to section 30(a) of Pub. L.

92-573, which is classified to section 2079(a) of this title and

which transferred functions of Secretary of Health, Education, and

Welfare under this chapter to Consumer Product Safety Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1264, 1265, 1273 of this

title.

-CITE-

15 USC Sec. 1264 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1264. Penalties; exceptions

-STATUTE-

(a) Criminal penalties

Any person who violates any of the provisions of section 1263 of

this title shall be guilty of a misdemeanor and shall on conviction

thereof be subject to a fine of not more than $500 or to

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

offenses committed with intent to defraud or mislead, 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) Exceptions

No person shall be subject to the penalties of subsection (a) of

this section, (1) for having violated section 1263(c) of this

title, if the receipt, delivery, or proffered delivery of the

hazardous substance was made in good faith, unless he refuses to

furnish on request of an officer or employee duly designated by the

Commission, the name and address of the person from whom he

purchased or received such hazardous substance, and copies of all

documents, 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 established a guarantee or undertaking

signed by, and containing 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 misbranded 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 with respect to any hazardous substance shipped or delivered

for shipment for export 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

commerce or if the Consumer Product Safety Commission determines

that exportation of such substance presents an unreasonable risk of

injury to persons residing within the United States, this clause

shall not apply.

(c) Civil penalties

(1) Any person who knowingly violates section 1263 of this title

shall be subject to a civil penalty not to exceed $5,000 for each

such violation. Subject to paragraph (2), a violation of

subsections (a), (b), (c), (d), (f), (g), (i), (j), and (k) of

section 1263 of this title shall constitute a separate offense with

respect to each substance involved, except that the maximum civil

penalty shall not exceed $1,250,000 for any related series of

violations. A violation of section 1263(e) of this title shall

constitute a separate violation with respect to each failure or

refusal to allow or perform an act required by section 1263(e) of

this title; and, if such violation is a continuing one, each day of

such violation shall constitute a separate offense, except that the

maximum civil penalty shall not exceed $1,250,000 for any related

series of violations.

(2) The second sentence of paragraph (1) of this subsection shall

not apply to violations of subsection (a) or (c) of section 1263 of

this title -

(A) if the person who violated such subsection is not the

manufacturer, importer, or private labeler or a distributor of

the substances involved; and

(B) if such person did not have either (i) actual knowledge

that such person's distribution or sale of the substance violated

such subsection, or (ii) notice from the Commission that such

distribution or sale would be a violation of such subsection.

(3) In determining the amount of any penalty to be sought upon

commencing an action seeking to assess a penalty for a violation of

section 1263 of this title, the Commission shall consider the

nature of the substance, the severity of the risk of injury, the

occurrence or absence of injury, the amount of the substance

distributed, and the appropriateness of such penalty in relation to

the size of the business of the person charged.

(4) Any civil penalty under this subsection may be compromised by

the Commission. In determining the amount of such penalty or

whether it should be remitted or mitigated, and in what amount, the

Commission shall consider the appropriateness of such penalty to

the size of the business of the persons charged, the nature of the

substance involved, the severity of the risk of injury, the

occurrence or absence of injury, and the amount of the substance

distributed. The amount of such penalty when finally determined,

or the amount agreed on compromise, may be deducted from any sums

owing by the United States to the person charged.

(5) As used in the first sentence of paragraph (1), the term

''knowingly'' means (A) having actual knowledge, or (B) the

presumed having of knowledge deemed to be possessed by a reasonable

person who acts in the circumstances, including knowledge

obtainable upon the exercise of due care to ascertain the truth of

representations.

(6)(A) The maximum penalty amounts authorized in paragraph (1)

shall be adjusted for inflation as provided in this paragraph.

(B) Not later than December 1, 1994, and December 1 of each fifth

calendar year thereafter, the Commission shall prescribe and

publish in the Federal Register a schedule of maximum authorized

penalties that shall apply for violations that occur after January

1 of the year immediately following such publication.

(C) The schedule of maximum authorized penalties shall be

prescribed by increasing each of the amounts referred to in

paragraph (1) by the cost-of-living adjustment for the preceding

five years. Any increase determined under the preceding sentence

shall be rounded to -

(i) in the case of penalties greater than $1,000 but less than

or equal to $10,000, the nearest multiple of $1,000;

(ii) in the case of penalties greater than $10,000 but less

than or equal to $100,000, the nearest multiple of $5,000;

(iii) in the case of penalties greater than $100,000 but less

than or equal to $200,000, the nearest multiple of $10,000; and

(iv) in the case of penalties greater than $200,000, the

nearest multiple of $25,000.

(D) For purposes of this subsection:

(i) The term ''Consumer Price Index'' means the Consumer Price

Index for all-urban consumers published by the Department of

Labor.

(ii) The term ''cost-of-living adjustment for the preceding

five years'' means the percentage by which -

(I) the Consumer Price Index for the month of June of the

calendar year preceding the adjustment; exceeds

(II) the Consumer Price Index for the month of June preceding

the date on which the maximum authorized penalty was last

adjusted.

(d) Civil action for injunction

In the case of an attorney general of a State alleging a

violation that affects or may affect such State or its residents,

such attorney general may bring a civil action for an injunction to

enforce any requirement of this chapter relating to misbranded or

banned hazardous substances. The procedural requirements of

section 2073 of this title shall apply to any such action.

-SOURCE-

(Pub. L. 86-613, Sec. 5, July 12, 1960, 74 Stat. 376; Pub. L.

89-756, Sec. 2(g), 3(c), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 95-631,

Sec. 7(b), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 101-608, title I,

Sec. 115(b), 118(a), Nov. 16, 1990, 104 Stat. 3119, 3121.)

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-608, Sec. 115(b), added subsec.

(c).

Subsec. (d). Pub. L. 101-608, Sec. 118(a), added subsec. (d).

1978 - Subsec. (b)(3). Pub. L. 95-631 substituted ''with respect

to'' for ''in respect of'' and made cl. (3) inapplicable when the

Consumer Product Safety Commission determines that exportation of

the substance presents an unreasonable risk of injury to persons

residing within the United States.

1966 - Subsec. (b). Pub. L. 89-756 substituted ''a misbranded

hazardous substance or a banned hazardous substance within the

meaning of those terms'' for ''in misbranded packages within the

meaning of that term''.

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' in subsec. (b)

pursuant to section 30(a) of Pub. L. 92-573, which is classified to

section 2079(a) of this title and which transferred functions of

Secretary of Health, Education, and Welfare under this chapter to

Consumer Product Safety Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1263 of this title.

-CITE-

15 USC Sec. 1265 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1265. Seizures

-STATUTE-

(a) Grounds and jurisdiction

Any misbranded hazardous 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 which may not, under the provisions of

section 1263(f) of this title, be introduced into interstate

commerce, or which has been manufactured in violation of section

1263(g) 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 substance 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 (3) is labeled on the outside of the

shipping package to show that it is intended for export, and (4) is

so exported.

(b) Procedure; multiplicity of pending proceedings

Such hazardous substance shall be liable to seizure by process

pursuant to the libel, and the procedure 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 misbranding, are pending in two or

more jurisdictions, such pending proceedings, upon application of

the United States or the claimant seasonably 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 the court of one such

jurisdiction, 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 order,

unless good cause to the contrary is shown, specify a district of

reasonable proximity to the claimant's principal place of business,

in which all such pending proceedings shall be consolidated for

trial and tried. Such order of consolidation shall not apply so as

to require the removal of any case the date for trial of which has

been fixed. The court granting such order shall give prompt

notification thereof to the other courts having jurisdiction 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 disposed of by destruction or sale as the

court may, in accordance with the provisions of this section,

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 substance shall not be sold under such decree

contrary to the provisions 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 sufficient bond conditioned that such

hazardous substance 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 delivered to the owner thereof to be

destroyed or brought into compliance with the provisions of this

chapter under the supervision of an officer or employee duly

designated by the Commission, and the expense of such supervision

shall be paid by the person obtaining release of the hazardous

substance 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 -

(1) 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.

-SOURCE-

(Pub. L. 86-613, Sec. 6, July 12, 1960, 74 Stat. 376; Pub. L.

89-756, Sec. 2(h), 3(d), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

-MISC1-

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-756 substituted ''Any misbranded

hazardous substance or banned hazardous substance'' for ''Any

hazardous substance that is in a misbranded package''.

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' in subsec. (c)

pursuant to section 30(a) of Pub. L. 92-573, which is classified to

section 2079(a) of this title and which transferred functions of

Secretary of Health, Education, and Welfare under this chapter to

Consumer Product Safety Commission.

-CITE-

15 USC Sec. 1266 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1266. Hearing before report of criminal violation

-STATUTE-

Before any violation of this chapter is reported by the

Commission 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.

-SOURCE-

(Pub. L. 86-613, Sec. 7, July 12, 1960, 74 Stat. 377; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' pursuant to section

30(a) of Pub. L. 92-573, which is classified to section 2079(a) of

this title and which transferred functions of Secretary of Health,

Education, and Welfare under this chapter to Consumer Product

Safety Commission.

-CITE-

15 USC Sec. 1267 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1267. Injunctions; criminal contempt; trial by court or jury

-STATUTE-

(a) Jurisdiction

The United States district courts and the United States courts of

the territories shall have jurisdiction, for cause shown and

subject to the provisions of rule 65(a) and (b) of the Federal

Rules of Civil Procedure, to restrain violations of this chapter.

(b) Trials

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 practice and

procedure applicable in the case of proceedings subject to the

provisions of rule 42(b) of the Federal Rules of Criminal

Procedure.

-SOURCE-

(Pub. L. 86-613, Sec. 8, July 12, 1960, 74 Stat. 378.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare under

this chapter transferred to Consumer Product Safety Commission, see

section 2079 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1277 of this title.

-CITE-

15 USC Sec. 1268 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1268. Proceedings in name of United States; subpenas

-STATUTE-

All criminal proceedings and all libel or injunction proceedings

for the enforcement, or to restrain violations, of this chapter

shall be by and in the name of the United States. Subpenas for

witnesses who are required to attend a court of the United States

in any district may run into any other district in any such

proceeding.

-SOURCE-

(Pub. L. 86-613, Sec. 9, July 12, 1960, 74 Stat. 378.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Health, Education, and Welfare under

this chapter transferred to Consumer Product Safety Commission, see

section 2079 of this title.

-CITE-

15 USC Sec. 1269 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1269. Regulations

-STATUTE-

(a) Authority

The authority to promulgate regulations for the efficient

enforcement of this chapter, except as otherwise provided in this

section, is vested in the Commission.

(b) Joint regulations

The Secretary of the Treasury and the Commission shall jointly

prescribe regulations for the efficient enforcement 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

Commission shall determine.

-SOURCE-

(Pub. L. 86-613, Sec. 10, July 12, 1960, 74 Stat. 378; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' in subsec. (a) and

for ''Secretary of Health, Education, and Welfare'' in subsec. (b)

pursuant to section 30(a) of Pub. L. 92-573, which is classified to

section 2079(a) of this title and which transferred functions of

Secretary of Health, Education, and Welfare under this chapter to

Consumer Product Safety Commission.

-CITE-

15 USC Sec. 1270 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1270. Examinations and investigations

-STATUTE-

(a) Authority to conduct

The Commission is authorized to conduct examinations,

inspections, and investigations for the purposes of this chapter

through officers and employees of the Commission or through any

health officer or employee of any State, territory, or political

subdivision thereof, duly commissioned by the Commission as an

officer of the Commission.

(b) Inspection; notice; samples

For purposes of enforcement of this chapter, officers or

employees duly designated by the Commission, 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 interstate commerce or are held after such

introduction, or to enter any vehicle being used to transport or

hold such hazardous substances in interstate commerce; (2) to

inspect, at reasonable times and within reasonable limits and in a

reasonable manner, such factory, warehouse, establishment, or

vehicle, and all pertinent equipment, finished and unfinished

materials, and labeling therein; and (3) to obtain samples of such

materials or packages thereof, 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 describing 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, operator, or agent in

charge.

-SOURCE-

(Pub. L. 86-613, Sec. 11, July 12, 1960, 74 Stat. 378; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' and ''Department''

in subsec. (a) and for ''Secretary'' in subsec. (b) pursuant to

section 30(a) of Pub. L. 92-573, which is classified to section

2079(a) of this title and which transferred functions of Secretary

of Health, Education, and Welfare under this chapter to Consumer

Product Safety Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1263 of this title.

-CITE-

15 USC Sec. 1271 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1271. Records of interstate shipment

-STATUTE-

For the purpose of enforcing the provisions of this chapter,

carriers engaged in interstate commerce, and persons receiving

hazardous substances in interstate commerce or holding such

hazardous substances so received shall, upon the request of an

officer or employee duly designated by the Commission, permit such

officer or employee, at reasonable times, to have access to and to

copy all records showing the movement in interstate commerce of any

such hazardous substance, or the holding thereof during or after

such movement, and the quantity, shipper, and consignee thereof;

and it shall be unlawful for any such carrier or person to fail to

permit such access to and copying of any record so requested when

such request is accompanied by a statement in writing specifying

the nature or kind of such hazardous substance to which such

request relates: Provided, That evidence obtained under this

section, or any evidence which is directly or indirectly derived

from such evidence, shall not be used in a criminal prosecution of

the person from whom obtained: Provided further, That carriers

shall not be subject to the other provisions of this chapter by

reason of their receipt, carriage, holding, or delivery of

hazardous substances in the usual course of business as carriers.

-SOURCE-

(Pub. L. 86-613, Sec. 12, July 12, 1960, 74 Stat. 379; Pub. L.

91-452, title II, Sec. 219, Oct. 15, 1970, 84 Stat. 929; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-452 inserted '', or any evidence which is

directly or indirectly derived from such evidence,'' after ''under

this section''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provision note under section 6001 of Title 18, Crimes and

Criminal Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' pursuant to section

30(a) of Pub. L. 92-573, which is classified to section 2079(a) of

this title and which transferred functions of Secretary of Health,

Education, and Welfare under this chapter to Consumer Product

Safety Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1263 of this title.

-CITE-

15 USC Sec. 1272 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1272. Publicity; reports; dissemination of information

-STATUTE-

(a) Summaries of judgments, decrees, orders

The Commission may cause to be published from time to time

reports summarizing any judgments, decrees, or court orders which

have been rendered under this chapter, including the nature of the

charge and the disposition thereof.

(b) Information as to health dangers and investigations

The Commission may also cause to be disseminated information

regarding hazardous substances in situations involving, in the

opinion of the Commission, imminent danger to health. Nothing in

this section shall be construed to prohibit the Commission from

collecting, reporting, and illustrating the results of the

investigations of the Commission.

-SOURCE-

(Pub. L. 86-613, Sec. 13, July 12, 1960, 74 Stat. 379; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' in subsec. (a) and

for ''Secretary'' and ''Department'' in subsec. (b) pursuant to

section 30(a) of Pub. L. 92-573, which is classified to section

2079(a) of this title and which transferred functions of Secretary

of Health, Education, and Welfare under this chapter to Consumer

Product Safety Commission.

-CITE-

15 USC Sec. 1273 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1273. Imports

-STATUTE-

(a) Delivery of samples to Commission; examination; refusal of

admission

The Secretary of the Treasury shall deliver to the Commission,

upon its request, samples of hazardous substances which are being

imported or offered for import into the United States, giving

notice thereof to the owner or consignee, who may appear before the

Commission and have the right to introduce testimony. If it

appears from the examination of such samples or otherwise that such

hazardous substance is a misbranded hazardous substance or banned

hazardous substance or in violation of section 1263(f) of this

title, then such hazardous substance shall be refused admission,

except as provided in subsection (b) of this section. The

Secretary of the Treasury shall cause the destruction of any such

hazardous substance refused admission unless such hazardous

substance is exported, under regulations prescribed by the

Secretary of the Treasury, within ninety days of the date of notice

of such refusal or within such additional time as may be permitted

pursuant to such regulations.

(b) Disposition of refused articles

Pending decision as to the admission of a hazardous substance

being imported or offered for import, the Secretary of the Treasury

may authorize delivery of such hazardous substance to the owner or

consignee upon the execution by him of a good and sufficient bond

providing for the payment of such liquidated damages in the event

of default as may be required pursuant to regulations of the

Secretary of the Treasury. If it appears to the Commission that the

hazardous substance can, by relabeling or other action, be brought

into compliance with this chapter, final determination as to

admission of such hazardous substance may be deferred and, upon

filing of timely written application by the owner or consignee and

the execution by him of a bond as provided in the preceding

provisions of this subsection, the Commission may, in accordance

with regulations, authorize the applicant to perform such

relabeling or other action specified in such authorization

(including destruction or export of rejected hazardous substances

or portions thereof, as may be specified in the Commission's

authorization). All such relabeling or other action pursuant to

such authorization shall, in accordance with regulations, be under

the supervision of an officer or employee of the Commission

designated by the Commission, or an officer or employee of the

Department of the Treasury designated by the Secretary of the

Treasury.

(c) Expenses in connection with refused articles

All expenses (including travel, per diem, or subsistence, and

salaries of officers or employees of the United States) in

connection with the destruction provided for in subsection (a) of

this section and the supervision of the relabeling or other action

authorized under the provisions of subsection (b) of this section,

the amount of such expenses to be determined in accordance with

regulations, and all expenses in connection with the storage,

cartage, or labor with respect to any hazardous substance refused

admission under subsection (a) of this section, shall be paid by

the owner or consignee and, in default of such payment, shall

constitute a lien against any future importations made by such

owner or consignee.

(d) Statement of exportation: filing period, information;

notification of foreign country; petition for minimum filing

period: good cause

Not less than thirty days before any person exports to a foreign

country any misbranded hazardous substance or banned hazardous

substance, such person shall file a statement with the Consumer

Product Safety Commission (hereinafter in this section referred to

as the ''Commission'') notifying the Commission of such

exportation, and the Commission, upon receipt of such statement,

shall promptly notify the government of such country of such

exportation and the basis upon which such substance is considered

misbranded or has been banned under this chapter. Any statement

filed with the Commission under the preceding sentence shall

specify the anticipated date of shipment of such substance, the

country and port of destination of such substance, and the quantity

of such substance that will be exported, and shall contain such

other information as the Commission may by regulation require.

Upon petition filed with the Commission by any person required to

file a statement under this subsection respecting an exportation,

the Commission may, for good cause shown, exempt such person from

the requirement of this subsection that such a statement be filed

no less than thirty days before the date of the exportation, except

that in no case shall the Commission permit such a statement to be

filed later than the tenth day before such date.

-SOURCE-

(Pub. L. 86-613, Sec. 14, July 12, 1960, 74 Stat. 379; Pub. L.

89-756, Sec. 2(i), 3(e), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 95-631,

Sec. 7(c), Nov. 10, 1978, 92 Stat. 3746.)

-MISC1-

AMENDMENTS

1978 - Subsec. (d). Pub. L. 95-631 added subsec. (d).

1966 - Subsec. (a). Pub. L. 89-756 substituted ''a misbranded

hazardous substance or banned hazardous substance'' for ''in

misbranded packages''.

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary of Health, Education,

and Welfare'', ''Department of Health, Education, and Welfare'',

and ''Secretary'', ''Commission's'' substituted for

''Secretary's'', and ''its'' substituted for ''his'' wherever

appearing in subsecs. (a) and (b) pursuant to section 30(a) of Pub.

L. 92-573, which is classified to section 2079(a) of this title and

which transferred functions of Secretary of Health, Education, and

Welfare under this chapter to Consumer Product Safety Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1263, 1269 of this title.

-CITE-

15 USC Sec. 1274 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1274. Remedies respecting banned hazardous substances

-STATUTE-

(a) Notice to protect public; form and contents

If any article or substance sold in commerce is defined as a

banned hazardous substance (whether or not it was such at the time

of its sale) and the Commission determines (after affording

interested persons, including consumers and consumer organizations,

an opportunity for a hearing) that notification is required to

adequately protect the public from such article or substance, the

Commission may order the manufacturer or any distributor or dealer

or the article or substance to take any one or more of the

following actions:

(1) To give public notice that the article or substance is a

banned hazardous substance.

(2) To mail such notice to each person who is a manufacturer,

distributor, or dealer of such article or substance.

(3) To mail such notice to every person to whom the person

giving the notice knows such article or substance was delivered

or sold.

An order under this subsection shall specify the form and content

of any notice required to be given under the order.

(b) Order of Commission; repair, replacement, or refund

If any article or substance sold in commerce is defined as a

banned hazardous substance (whether or not it was such at the time

of its sale) and the Commission determines (after affording

interested persons, including consumers and consumer organizations,

an opportunity for a hearing) that action under this subsection is

in the public interest, the Consumer Product Safety Commission may

order the manufacturer, distributor, or dealer to take whichever of

the following actions the person to whom the order is directed

elects:

(1) If repairs to or changes in the article or substance may be

made so that it will not be a banned hazardous substance, to make

such repairs or changes.

(2) To replace such article or substance with a like or

equivalent article or substance which is not a banned hazardous

substance.

(3) To refund the purchase price of the article or substance

(less a reasonable allowance for use, if the article or substance

has been in the possession of the consumer for one year or more -

(A) at the time of public notice under subsection (a) of this

section, or

(B) at the time the consumer receives actual notice that the

article or substance is a banned hazardous substance,

whichever first occurs).

An order under this subsection may also require the person to whom

it applies to submit a plan, satisfactory to the Commission, for

taking the action which such person has elected to take. The

Commission shall specify in the order the persons to whom refunds

must be made if the person to whom the order is directed elects to

take the action described in paragraph (3). If an order under this

subsection is directed to more than one person, the Commission

shall specify which person has the election under this subsection.

An order under this subsection may prohibit the person to whom it

applies from manufacturing for sale, offering for sale,

distributing in commerce, or importing into the customs territory

of the United States (as defined in general note 2 of the

Harmonized Tariff Schedule of the United States), or from doing any

combination of such actions, with respect to the article or

substance with respect to which the order was issued.

(c) Discretionary remedial activities available to Commission;

orders; contents

(1) If the Commission determines (after affording interested

persons, including consumers and consumer organizations, an

opportunity for a hearing in accordance with subsection (e) of this

section) that any toy or other article intended for use by children

that is not a banned hazardous substance contains a defect which

creates a substantial risk of injury to children (because of the

pattern of defect, the number of defective toys or such articles

distributed in commerce, the severity of the risk, or otherwise)

and that notification is required to protect adequately the public

from such toy or article, the Commission may order the manufacturer

or any distributor or dealer of such toy or article to take any one

or more of the following actions:

(A) To give public notice that such defective toy or article

contains a defect which creates a substantial risk of injury to

children.

(B) To mail such notice to each person who is a manufacturer,

distributor, or dealer of such toy or article.

(C) To mail such notice to every person to whom the person

giving notice knows such toy or article was delivered or sold.

An order under this paragraph shall specify the form and content of

any notice required to be given under the order.

(2) If the Commission determines (after affording interested

persons, including consumers and consumer organizations, an

opportunity for a hearing in accordance with subsection (e) of this

section) that any toy or other article intended for use by children

that is not a banned hazardous substance contains a defect which

creates a substantial risk of injury to children (because of the

pattern of defect, the number of defective toys or such articles

distributed in commerce, the severity of the risk, or otherwise)

and that action under this paragraph is in the public interest, the

Commission may order the manufacturer, distributor, or dealer to

take whichever of the following actions the person to whom the

order is directed elects:

(A) If repairs to or changes in the toy or article can be made

so that it will not contain a defect which creates a substantial

risk of injury to children, to make such repairs or changes.

(B) To replace such toy or article with a like or equivalent

toy or article which does not contain a defect which creates a

substantial risk of injury to children.

(C) To refund the purchase price of such toy or article (less a

reasonable allowance for use, if such toy or article has been in

the possession of the consumer for 1 year or more (i) at the time

of public notice under paragraph (1)(A), or (ii) at the time the

consumer receives actual notice that the toy or article contains

a defect which creates a substantial risk of injury to children,

whichever first occurs).

An order under this paragraph may also require the person to whom

it applies to submit a plan, satisfactory to the Commission, for

taking the action which such person has elected to take. The

Commission shall specify in the order the person to whom refunds

must be made if the person to whom the order is directed elects to

take the action described in subparagraph (C). If an order under

this paragraph is directed to more than one person, the Commission

shall specify which person has the election under this paragraph.

An order under this paragraph may prohibit the person to whom it

applies from manufacturing for sale, offering for sale,

distributing in commerce, or importing into the customs territory

of the United States (as defined in general note 2 of the

Harmonized Tariff Schedule of the United States), or from doing any

combination of such actions, with respect to the toy or article

with respect to which the order was issued.

(d) Charge for remedy; reimbursement for expenses

(1) No charge shall be made to any person (other than a

manufacturer, distributor, or dealer) who avails himself of any

remedy provided under an order issued under subsection (b) or (c)

of this section, and the person subject to the order shall

reimburse each person (other than a manufacturer, distributor, or

dealer) who is entitled to such a remedy for any reasonable and

foreseeable expenses incurred by such person in availing himself of

such remedy.

(2) An order issued under subsection (a), (b), or (c) of this

section with respect to a toy, article or substance may require any

person who is a manufacturer, distributor, or dealer of the toy,

article or substance to reimburse any other person who is a

manufacturer, distributor, or dealer of such toy, article or

substance for such other person's expenses in connection with

carrying out the order, if the Commission determines such

reimbursement to be in the public interest.

(e) Hearing; representative of class

An order under subsection (a), (b), or (c) of this section may be

issued only after an opportunity for a hearing in accordance with

section 554 of title 5, except that, if the Commission determines

that any person who wishes to participate in such hearing is a part

of a class or participants who share an identity of interest, the

Commission may limit such person's participation in such hearing to

participation through a single representative designated by such

class (or by the Commission if such class fails to designate such a

representative).

(f) ''Manufacturer'' defined

For purposes of this section (1) the term ''manufacturer''

includes an importer for resale, and (2) a dealer who sells at

wholesale an article or substance shall with respect to that sale

be considered the distributor of that article or substance.

(g) Cost-benefit analysis of notification or other action not

required

Nothing in this section shall be construed to require the

Commission, in determining that an article or substance distributed

in commerce presents a substantial product hazard and that

notification or other action under this section should be taken, to

prepare a comparison of the costs that would be incurred in

providing notification or taking other action under this section

with the benefits from such notification or action.

-SOURCE-

(Pub. L. 86-613, Sec. 15, as added Pub. L. 91-113, Sec. 4(a), Nov.

6, 1969, 83 Stat. 189; amended Pub. L. 97-35, title XII, Sec.

1211(f)(1), Aug. 13, 1981, 95 Stat. 721; Pub. L. 97-414, Sec. 9(l),

Jan. 4, 1983, 96 Stat. 2065; Pub. L. 98-491, Sec. 2, Oct. 17, 1984,

98 Stat. 2269; Pub. L. 100-418, title I, Sec. 1214(c), Aug. 23,

1988, 102 Stat. 1156; Pub. L. 101-608, title I, Sec. 111(b), Nov.

16, 1990, 104 Stat. 3114.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsecs. (b) and (c)(2), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of Title 19, Customs Duties.

-MISC2-

AMENDMENTS

1990 - Subsec. (g). Pub. L. 101-608 added subsec. (g).

1988 - Subsecs. (b), (c)(2). Pub. L. 100-418 substituted

''general note 2 of the Harmonized Tariff Schedule of the United

States'' for ''general headnote 2 to the Tariff Schedules of the

United States''.

1984 - Subsec. (c). Pub. L. 98-491, Sec. 2(a)(2), added subsec.

(c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 98-491, Sec. 2(a)(1), redesignated subsec.

(c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Pub. L. 98-491, Sec. 2(b), inserted ''or (c)''

after ''subsection (b)''.

Subsec. (d)(2). Pub. L. 98-491, Sec. 2(c), (d), substituted ''a

toy, article'' for ''an article'', ''toy, article'' for ''article''

in two places, and ''subsection (a), (b), or (c)'' for ''subsection

(a) or (b)''.

Subsec. (e). Pub. L. 98-491, Sec. 2(a)(2), (d), redesignated

subsec. (d) as (e) and substituted ''subsection (a), (b), or (c)''

for ''subsection (a) or (b)''. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 98-491, Sec. 2(a)(1), redesignated subsec.

(e) as (f).

1983 - Subsec. (e). Pub. L. 97-414 added subsec. (e).

1981 - Pub. L. 97-35 revised section generally and substituted

provisions authorizing the Commission to require the manufacturers,

distributors, or dealers as the case may be to notify the public

that the article or substance was a banned hazardous one, and to

repair, replace or refund the purchase price, when the Commission

determines after providing the manufacturer, distributor, or dealer

an opportunity for a hearing that banned hazardous substances were

sold for provisions requiring the manufacturer, distributor or

dealer to repurchase the banned hazardous article or substance.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

1215 of Pub. L. 97-35, set out as a note under section 2052 of this

title.

EFFECTIVE DATE

Section effective on sixtieth day following Nov. 6, 1969, see

section 5 of Pub. L. 91-113, set out as an Effective Date of 1969

Amendment note under section 1261 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1263 of this title.

-CITE-

15 USC Sec. 1275 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1275. Toxicological Advisory Board

-STATUTE-

(a) Establishment; functions; review and recommendations

(1) Within 180 days after November 10, 1978, the Consumer Product

Safety Commission (hereinafter in this section referred to as the

''Commission'') shall establish, in accordance with subsection (b)

of this section, a Toxicological Advisory Board (hereinafter in

this section referred to as the ''Board'') to advise the Commission

on precautionary labeling for hazardous substances. The Board

shall provide scientific and technical advice to the Commission

concerning -

(A) proper labeling under sections 1261(p)(1) and 1262(b) of

this title, with special attention to -

(i) the description of precautionary measures required under

section 1261(p)(1)(F) of this title;

(ii) the statement describing the hazards associated with a

hazardous substance as required under section 1261(p)(1)(E) of

this title; and

(iii) instructions for first-aid treatment under section

1261(p)(1)(G) of this title; and

(B) the exemption of certain substances from labeling

requirements under this chapter as permitted under section

1262(c) of this title.

(2) In carrying out its duties under paragraph (1)(A), the Board

shall review any labeling requirements or guidelines which have

been established by the Commission under section 1261(p)(1) or

1262(b) of this title. Based upon its review the Board shall

develop and submit to the Commission, within one year after the

date that the Board is established, any recommendations for

revisions in such labeling requirements or guidelines which the

Board considers to be appropriate, including any general

recommendations which may be of assistance to the Commission in

carrying out its responsibilities under section 1261(p)(1) or

1262(b) of this title. The Board shall periodically review the

labeling requirements and guidelines established by the Commission

under such sections to determine whether such requirements and

guidelines reflect relevant changes in scientific knowledge and

shall revise any general recommendations submitted to the

Commission under this paragraph to reflect such changes.

(b) Membership; appointment; qualifications; Chairman; term of

office; reappointment; vacancies; meetings; compensation and

travel expenses; Federal nonemployee status

(1) The Board shall be composed of nine members appointed by the

Commission. Each member of the Board shall be qualified by training

and experience in one or more fields applicable to the duties of

the Board, and at least three of the members of the Board shall be

members of the American Board of Medical Toxicology. The Chairman

of the Board shall be elected by the Board from among its members.

(2) The members of the Board shall be appointed for terms of

three years. Members of the Board may be reappointed.

(3) Any vacancy in the Board shall be filled in the same manner

in which the original appointment was made. Any member appointed

to fill a vacancy occurring before the expiration of the term for

which his predecessor was appointed shall serve only for the

remainder of such term.

(4) The Board shall meet at such times and places as may be

designated by the Commission in consultation with the Chairman, but

not less than two times each year.

(5) Members of the Board who are not officers or employees of the

United States shall, while attending meetings or conferences of the

Board or while otherwise engaged in the business of the Board, be

entitled to receive compensation at a rate fixed by the Commission,

not exceeding the daily equivalent of the annual rate of basic pay

payable for grade GS-18 of the General Schedule under section 5332

of title 5. While away from their homes or regular places of

business, such members may be allowed travel expenses, including

per diem in lieu of subsistence, in the same manner as persons

employed intermittently in the Government service are allowed under

section 5703(b) (FOOTNOTE 1) of such title. Individuals serving as

members on the Board shall not be considered officers or employees

of the United States by reason of receiving payments under this

paragraph.

(FOOTNOTE 1) See References in Text note below.

(c) Termination

The Board shall terminate on the date six years after the date it

is established under this section.

-SOURCE-

(Pub. L. 86-613, Sec. 20, as added Pub. L. 95-631, Sec. 10, Nov.

10, 1978, 92 Stat. 3747.)

-REFTEXT-

REFERENCES IN TEXT

Section 5703 of title 5, referred to in subsec. (b)(5), was

amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat.

85, and, as so amended, does not contain a subsec. (b).

-MISC2-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

15 USC Sec. 1276 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1276. Congressional veto of hazardous substances regulations

-STATUTE-

(a) Transmission to Congress

The Consumer Product Safety Commission shall transmit to the

Secretary of the Senate and the Clerk of the House of

Representatives a copy of any regulation promulgated by the

Commission under section 1261(q)(1) of this title or subsection (e)

of section 1262 of this title.

(b) Disapproval by concurrent resolution

Any regulation specified in subsection (a) of this section shall

not take effect if -

(1) within the ninety calendar days of continuous session of

the Congress which occur after the date of the promulgation of

such regulation, both Houses of the Congress adopt a concurrent

resolution, the matter after the resolving clause of which is as

follows (with the blank spaces appropriately filled): ''That the

Congress disapproves the regulation which was promulgated under

the Federal Hazardous Substances Act by the Consumer Product

Safety Commission with respect to and which was transmitted to

the Congress on and disapproves the regulation for the following

reasons: .''; or

(2) within the sixty calendar days of continuous session of the

Congress which occur after the date of the promulgation of such

regulation, one House of the Congress adopts such concurrent

resolution and transmits such resolution to the other House and

such resolution is not disapproved by such other House within the

thirty calendar days of continuous session of the Congress which

occur after the date of such transmittal.

(c) Presumptions from Congressional action or inaction

Congressional inaction on, or rejection of, a concurrent

resolution of disapproval under this section shall not be construed

as an expression of approval of the regulation involved, and shall

not be construed to create any presumption of validity with respect

to such regulation.

(d) Continuous session of Congress

For purposes of this section -

(1) continuity of session is broken only by an adjournment of

the Congress sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than three days to a day certain are

excluded in the computation of the periods of continuous session

of the Congress specified in subsection (b) of this section.

-SOURCE-

(Pub. L. 86-613, Sec. 21, as added Pub. L. 97-35, title XII, Sec.

1207(c), Aug. 13, 1981, 95 Stat. 718.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Hazardous Substances Act, referred to in subsec. (b),

is Pub. L. 86-613, July 12, 1960, 74 Stat. 372, as amended, which

is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 1261 of this title and Tables.

-MISC2-

EFFECTIVE DATE

Section applicable with respect to consumer product safety rules

under chapter 47 of this title and regulations under this chapter

and chapter 25 of this title promulgated after Aug. 13, 1981, see

section 1215 of Pub. L. 97-35, set out as an Effective Date of 1981

Amendment note under section 2052 of this title.

-CITE-

15 USC Sec. 1277 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1277. Labeling of art materials

-STATUTE-

(a) Regulation status of standard D-4236 of American Society for

Testing and Materials

On and after the last day of the 2-year period beginning on

November 18, 1988, the requirements for the labeling of art

materials set forth in the version of the standard of the American

Society for Testing and Materials designated D-4236 that is in

effect on November 18, 1988, and as modified by subsection (b) of

this section shall be deemed to be a regulation issued by the

Commission under section 1262(b) of this title.

(b) Requirements applicable to standard D-4236

The following shall apply with respect to the standard of the

American Society for Testing and Materials referred to in

subsection (a) of this section:

(1) The term ''art material or art material product'' shall

mean any substance marketed or represented by the producer or

repackager as suitable for use in any phase of the creation of

any work of visual or graphic art of any medium. The term does

not include economic poisons subject to the Federal Insecticide,

Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) or drugs,

devices, or cosmetics subject to the Federal Food, Drug, and

Cosmetics Act (21 U.S.C. 301 et seq.).

(2) The standard referred to in subsection (a) of this section

as modified by this subsection applies to art materials intended

for users of any age.

(3) Each producer or repackager of art materials shall describe

in writing the criteria used to determine whether an art material

has the potential for producing chronic adverse health effects.

Each producer or repackager shall be responsible for submitting

to the Commission these criteria and a list of art materials that

require hazard warning labels under this section.

(4) Upon the request of the Commission, a producer or

repackager of art materials shall submit to the Commission

product formulations and the criteria used to determine whether

the art material or its ingredients have the potential for

producing chronic adverse health effects.

(5) All art materials that require chronic hazard labeling

pursuant to this section must include on the label the name and

address of the producer or repackager of the art materials and an

appropriate telephone number and a statement signifying that such

art materials are inappropriate for use by children.

(6) If an art material producer or repackager becomes newly

aware of any significant information regarding the hazards of an

art material or ways to protect against the hazard, this new

information must be incorporated into the labels of such art

materials that are manufactured after 12 months from the date of

discovery. If a producer or repackager reformulates an art

material, the new formulation must be evaluated and labeled in

accordance with the standard referred to in subsection (a) of

this section as modified by this subsection.

(7) If the Commission determines that an art material in a

container equal to or smaller than one fluid ounce (30 ml) (if

the product is sold by volume) or one ounce net weight (28 g) (if

the product is sold by weight) has the potential for producing

chronic adverse health effects with customary or reasonably

foreseeable use despite its small size, the Commission may

require the art material to carry a label which conveys all the

information required under the standard referred to in subsection

(a) of this section as modified by this subsection for art

materials in a container greater than one fluid ounce or one

ounce net weight. If the information cannot fit on the package

label, the Commission shall require the art material to have a

package insert which conveys all this information. If the art

material has a package insert, the label on the product shall

include a signal word in conformance with paragraph 5 of the

standard referred to in subsection (a) of this section, a list of

potentially harmful or sensitizing components, and the statement

''see package insert before use''. For purposes of this

subsection, the term ''package insert'' means a display of

written, printed, or graphic matter upon a leaflet or suitable

material accompanying the art material. This requirement is in

addition to, and is not meant to supersede, the requirement of

paragraph 5.8 of the standard designated D-4236.

(8) In determining whether an art material has the potential

for producing chronic adverse health effects, including

carcinogenicity and potential carcinogenicity, a toxicologist

shall take into account opinions of various regulatory agencies

and scientific bodies.

(c) Revisions incorporated into standard D-4236; notice and

hearing; amendment; opportunity for comment; transcript of

proceedings

If the Commission determines that a revision proposed by the

American Society for Testing and Materials is in the public

interest, it shall incorporate the revision into the standard

referred to in subsection (a) of this section as modified by

subsection (b) of this section after providing notice and an

opportunity for comment. If at any time the Commission finds that

the standard referred to in subsection (a) of this section as

modified by subsection (b) of this section is inadequate for the

protection of the public interest, it shall promulgate an amendment

to the standard which will adequately protect the public interest.

Such final standard shall be promulgated pursuant to section 553 of

title 5, except that the Commission shall give interested persons

an opportunity for the oral presentation of data, views, or

arguments, in addition to an opportunity to make written

submissions. A transcript shall be kept of any oral presentation.

(d) Guidelines for determining chronically hazardous art materials;

issuance; public hearing; scope of criteria; review; amendment

(1) Within 1 year of November 18, 1988, the Commission shall

issue guidelines which specify criteria for determining when any

customary or reasonably foreseeable use of an art material can

result in a chronic hazard. In developing such guidelines the

Commission shall conduct a public hearing and provide reasonable

opportunity for the submission of comments.

(2) The guidelines established under paragraph (1) shall include

-

(A) criteria for determining when art materials may produce

chronic adverse health effects in children and criteria for

determining when art materials may produce such health effects in

adults,

(B) criteria for determining which substances contained in art

materials have the potential for producing chronic adverse health

effects and what those effects are,

(C) criteria for determining the bioavailability of chronically

hazardous substances contained in art materials when the products

are used in a customary or reasonably foreseeable manner, and

(D) criteria for determining acceptable daily intake levels for

chronically hazardous substances contained in art materials.

Where appropriate, criteria used for assessing risks to children

may be the same as those used for adults.

(3) The Commission shall periodically review the guidelines

established under paragraph (1) to determine whether the guidelines

reflect relevant changes in scientific knowledge and in the

formulations of art materials, and shall amend the guidelines to

reflect such changes.

(e) Informational and educational materials; development and

distribution

The Commission shall develop informational and educational

materials about art materials and shall distribute the

informational and educational materials to interested persons.

(f) Injunctions

The Commission may bring an action under section 1267 of this

title to enjoin the purchase of any art material required to be

labeled under this chapter which is for use by children in

pre-kindergarten, kindergarten, or grades 1 through 6.

-SOURCE-

(Pub. L. 86-613, Sec. 23, as added Pub. L. 100-695, Nov. 18, 1988,

102 Stat. 4568.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (b)(1), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is

classified generally to subchapter II (Sec. 136 et seq.) of chapter

6 of Title 7, Agriculture. For complete classification of this Act

to the Code, see Short Title note set out under section 136 of

Title 7 and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

-COD-

CODIFICATION

Pub. L. 100-695 enacted section 23 of Pub. L. 86-613, classified

to this section, without a prior enactment of a section 22 of Pub.

L. 86-613.

-CITE-

15 USC Sec. 1278 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-

Sec. 1278. Requirements for labeling certain toys and games

-STATUTE-

(a) Toys or games for children who are at least 3

(1) Requirement

The packaging of any toy or game intended for use by children

who are at least 3 years old but not older than 6 years (or such

other upper age limit as the Commission may determine, which may

not be less than 5 years old), any descriptive material which

accompanies such toy or game, and, in the case of bulk sales of

such toy or game when unpackaged, any bin, container for retail

display, or vending machine from which the unpackaged toy or game

is dispensed shall bear or contain the cautionary statement

described in paragraph (2) if the toy or game -

(A) is manufactured for sale, offered for sale, or

distributed in commerce in the United States, and

(B) includes a small part, as defined by the Commission.

(2) Label

The cautionary statement required by paragraph (1) for a toy or

game shall be as follows:

<p>

<img src="http://uscode.house.gov/code03/images/t151278a.gif"

width=380 height=136 alt="warning">

<p>

(b) Balloons, small balls, and marbles

(1) Requirement

In the case of any latex balloon, any ball with a diameter of

1.75 inches or less intended for children 3 years of age or

older, any marble intended for children 3 years of age or older,

or any toy or game which contains such a balloon, ball, or

marble, which is manufactured for sale, offered for sale, or

distributed in commerce in the United States -

(A) the packaging of such balloon, ball, marble, toy, or

game,

(B) any descriptive material which accompanies such balloon,

ball, marble, toy, or game, and

(C) in the case of bulk sales of any such product when

unpackaged, any bin, container for retail display, or vending

machine from which such unpackaged balloon, ball, marble, toy,

or game is dispensed,

shall bear or contain the cautionary statement described in

paragraph (2).

(2) Label

The cautionary statement required under paragraph (1) for a

balloon, ball, marble, toy, or game shall be as follows:

(A) Balloons

In the case of balloons, or toys or games that contain latex

balloons, the following cautionary statement applies:

<p>

<img src="http://uscode.house.gov/code03/images/t151278b.gif"

width=376 height=187 alt="warning">

<p>

(B) Balls

In the case of balls, the following cautionary statement

applies:

<p>

<img src="http://uscode.house.gov/code03/images/t151278c.gif"

width=380 height=147 alt="warning">

<p>

(C) Marbles

In the case of marbles, the following cautionary statement

applies:

<p>

<img src="http://uscode.house.gov/code02/images/t151278d.gif"

width=378 height=148 alt="warning">

<p>

(D) Toys and games

In the case of toys or games containing balls, the following

cautionary statement applies:

<p>

<img src="http://uscode.house.gov/code03/images/t151278e.gif"

width=378 height=136 alt="warning">

<p>

In the case of toys or games containing marbles, the following

cautionary statement applies:

<p>

<img src="http://uscode.house.gov/code03/images/t151278f.gif"

width=380 height=153 alt="warning">

<p>

(c) General labeling requirements

(1) In general

Except as provided in paragraphs (2) and (3), any cautionary

statement required under subsection (a) or (b) of this section

shall be -

(A) displayed in its entirety on the principal display panel

of the product's package, and on any descriptive material which

accompanies the product, and, in the case of bulk sales of such

product when unpackaged, on the bin, container for retail

display of the product, and any vending machine from which the

unpackaged product is dispensed, and

(B) displayed in the English language in conspicuous and

legible type in contrast by typography, layout, or color with

other printed matter on such package, descriptive materials,

bin, container, and vending machine, and in a manner consistent

with part 1500 of title 16, Code of Federal Regulations (or

successor regulations thereto).

(2) Exception for products manufactured outside United States

In the case of a product manufactured outside the United States

and directly shipped from the manufacturer to the consumer by

United States mail or other delivery service, the accompanying

material inside the package of the product may fail to bear the

required statement if other accompanying material shipped with

the product bears such statement.

(3) Special rules for certain packages

(A) A cautionary statement required by subsection (a) or (b) of

this section may, in lieu of display on the principal display

panel of the product's package, be displayed on another panel of

the package if -

(i) the package has a principal display panel of 15 square

inches or less and the required statement is displayed in three

or more languages; and

(ii) the statement specified in subparagraph (B) is displayed

on the principal display panel and is accompanied by an arrow

or other indicator pointing toward the place on the package

where the statement required by subsection (a) or (b) of this

section appears.

(B)(i) In the case of a product to which subsection (a) of this

section, subsection (b)(2)(B) of this section, subsection

(b)(2)(C) of this section, or subsection (b)(2)(D) of this

section applies, the statement specified by this subparagraph is

as follows:

<p>

<img src="http://uscode.house.gov/code03/images/t151278g.gif"

width=378 height=107 alt="warning">

<p>

(ii) In the case of a product to which subsection (b)(2)(A) of

this section applies, the statement specified by this

subparagraph is as follows:

<p>

<img src="http://uscode.house.gov/code03/images/t151278h.gif"

width=378 height=87 alt="warning">>

<p>

(d) Treatment as misbranded hazardous substance

A balloon, ball, marble, toy, or game, that is not in compliance

with the requirements of this subsection shall be considered a

misbranded hazardous substance under section 1261(p) of this title.

-SOURCE-

(Pub. L. 86-613, Sec. 24, as added Pub. L. 103-267, title I, Sec.

101(a), June 16, 1994, 108 Stat. 722.)

-MISC1-

EFFECTIVE DATE

Section 101(d) of Pub. L. 103-267 provided that: ''Subsections

(a) and (b) (enacting this section and provisions set out as a note

under section 1261 of this title) shall take effect January 1,

1995, and section 24 of the Federal Hazardous Substances Act (this

section) shall apply only to products entered into commerce on or

after January 1, 1995.''

REGULATIONS

Section 101(c) of Pub. L. 103-267 provided that: ''The Consumer

Product Safety Commission (hereinafter referred to as the

'Commission') shall promulgate regulations, under section 553 of

title 5, United States Code, for the implementation of this section

(enacting this section and provisions set out as notes under this

section and section 1261 of this title) and section 24 of the

Federal Hazardous Substances Act (this section) by July 1, 1994, or

the date that is 6 months after the date of enactment of this Act

(June 16, 1994), whichever occurs first. Subsections (f) through

(i) of section 3 of the Federal Hazardous Substances Act (15 U.S.C.

1262) shall not apply with respect to the issuance of regulations

under this subsection.''

PREEMPTION

Section 101(e) of Pub. L. 103-267 provided that:

''(1) In general. - Subject to paragraph (2), a State or

political subdivision of a State may not establish or enforce a

requirement relating to cautionary labeling of small parts hazards

or choking hazards in any toy, game, marble, small ball, or balloon

intended or suitable for use by children unless such requirement is

identical to a requirement established by amendments made by this

section to the Federal Hazardous Substances Act (enacting this

section) or by regulations promulgated by the Commission.

''(2) Exception. - A State or political subdivision of a State

may, until January 1, 1995, enforce a requirement described in

paragraph (1) if such requirement was in effect on October 2,

1993.''

-CITE-