-CITE-
    15 USC CHAPTER 30 - HAZARDOUS SUBSTANCES                    01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 30 - HAZARDOUS SUBSTANCES

-HEAD-
                     CHAPTER 30 - HAZARDOUS SUBSTANCES                 

-MISC1-
    Sec.                                                     
    1261.       Definitions.                                          
    1262.       Declaration of hazardous substances.                  
    1263.       Prohibited acts.                                      
    1264.       Penalties; exceptions.                                
    1265.       Seizures.                                             
    1266.       Hearing before report of criminal violation.          
    1267.       Injunctions; criminal contempt; trial by court or
                 jury.                                                
    1268.       Proceedings in name of United States; subpenas.       
    1269.       Regulations.                                          
    1270.       Examinations and investigations.                      
    1271.       Records of interstate shipment.                       
    1272.       Publicity; reports; dissemination of information.     
    1273.       Imports.                                              
    1274.       Remedies respecting banned hazardous substances.      
    1275.       Toxicological Advisory Board.                         
    1276.       Congressional veto of hazardous substances
                 regulations.                                         
    1277.       Labeling of art materials.                            
    1278.       Requirements for labeling certain toys and games.     

-End-

-CITE-
    15 USC Sec. 1261                                            01/03/2007

-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, Secs. 2(a)-(c), 3(a), Nov. 3, 1966, 80 Stat. 1303, 1304; Pub.
    L. 91-113, Secs. 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.

-MISC1-
                                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.

-MISC2-
                     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.]

-End-

-CITE-
    15 USC Sec. 1262                                            01/03/2007

-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,
    Secs. 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.

-MISC2-
                     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.

-MISC3-
                   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.

-End-

-CITE-
    15 USC Sec. 1263                                            01/03/2007

-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, Secs. 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.

-MISC1-
                                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, Secs. 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, Secs. 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, Secs. 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, Secs. 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.

-End-

-CITE-
    15 USC Sec. 1264                                            01/03/2007

-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, Secs. 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,
    Secs. 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.

-End-

-CITE-
    15 USC Sec. 1265                                            01/03/2007

-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, Secs. 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.

-End-

-CITE-
    15 USC Sec. 1266                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 1267                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 1268                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 1269                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 1270                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 1271                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 1272                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 1273                                            01/03/2007

-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, Secs. 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.

-End-

-CITE-
    15 USC Sec. 1274                                            01/03/2007

-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.

-MISC1-
                                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.

-End-

-CITE-
    15 USC Sec. 1275                                            01/03/2007

-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) (!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.

    (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).

-MISC1-
          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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    15 USC Sec. 1276                                            01/03/2007

-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.

-MISC1-
                              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.

-End-

-CITE-
    15 USC Sec. 1277                                            01/03/2007

-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.

-End-

-CITE-
    15 USC Sec. 1278                                            01/03/2007

-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/images/code06/t151278a.gif" width=576 height=579 alt="Image of item"><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/images/code06/t151278b.gif" width=576 height=579 alt="Image of item"><p>

        (B) Balls
          In the case of balls, the following cautionary statement
        applies:

<p><img src="http://uscode.house.gov/images/code06/t151278c.gif" width=576 height=579 alt="Image of item"><p>

        (C) Marbles
          In the case of marbles, the following cautionary statement
        applies:

<p><img src="http://uscode.house.gov/images/code06/t151278d.gif" width=576 height=579 alt="Image of item"><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/images/code06/t151278e.gif" width=576 height=579 alt="Image of item"><p>

        In the case of toys or games containing marbles, the following
        cautionary statement applies:

<p><img src="http://uscode.house.gov/images/code06/t151278f.gif" width=576 height=579 alt="Image of item"><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/images/code06/t151278g.gif" width=576 height=579 alt="Image of item"><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/images/code06/t151278h.gif" width=576 height=579 alt="Image of item"><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."

-End-