An Act to amend the Federal Hazardous Substances Act to protect children from toys and other articles intended for use by children which are hazardous due to the presence of electrical, mechanical, or thermal hazards, and for other purposes
PL 91-113 (S.1689), enacted 11/06/1969

83 STAT. ] 
PUBLIC LAW 91-113-NOV. 6, 1969 
187 
Mexico principal meridian. From said place of beginning, line runs 
west on said one-sixteenth subdivision line for a distance of 208.7 
feet; thence north 417.4 feet; thence east 208.7 feet; thence south 417.4 
feet to place of beginning, containing 2 acres, more or less. 
SEC. 2. This conveyance is subject to all valid existing rights-of-
way of record; and to the right of the L^nited States Public Health 
Service to continue use and occupancy of that property, presently in 
use by it, for so long as is necessary. 
SEC. 3. The Indian Claims Commission is directed to determine in 
accordance with the provisions of section 2 of the Act of August 13, 
1946 (60 Stat. 1050), the extent to which the value of any lands and 
improvements placed in a trust status under the authority of this Act 
should or should not be set off against any claim against the LTnited 
States determined by the Commission. 
Approved November 6, 1969. 
Rights-
way. 
Public 
Service 
•of-
Health 
occupancy. 
25 use 
; 7Cla. 
Public Law 91-113 
AN ACT 
To amend the Federal Hazardous Substances Act to protect children from toys 
and other articles intended for use by children which are hazardous due to 
the presence of electrical, mechanical, or thermal hazards, and for other 
purposes. 
November 6, 1969 
[S. 16 89] 
Be it enacted hy the Senate and House of Rejyresentatives of the 
United States of America in Congress assembled^ 
SECTION 1, This Act may be cited as the "Child Protection and Toy 
Safety Act of 1969;-. 
SEC. 2. (a) Section 2 (f) 1 of the Federal Hazardous Substances Act 
(15 U.S.C. 1261(f) (1)) is amended by adding at the end thereof the 
following: 
"(D) Any toy or other article intended for use by children 
which the Secretary by regulation determines, in accordance with 
section 3(e) of this Act, presents an electrical, mechanical, or 
thermal hazard." 
(b) Section 3 of such Act (15 U.S.C. 1262) is amended by adding at 
the end thereof the following new subsection: 
"(e)(1) A determination by the Secretary 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 pro-
cedures prescribed by section 553 (other than clause (B) of the last 
sentence of subsection (b) of such section) of title 5 of the United 
States Code unless the Secretary elects the procedures prescribed by 
subsection (e) of section 701 of the Federal Food, Drug, and Cosmetic 
Act, in which event such subsection and subsections (f) and (g) of 
such section 701 shall apply to the making of such determination. If 
the Secretary makes such election, he shall publish that fact with the 
proposal required to be published under paragraph (1) of such sub-
section (e). 
"(2) If, before or during a proceeding pursuant to paragraph (1) 
of this subsection, the Secretary 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 he, by 
order published in the Federal Kegister, gives notice of such finding, 
such toy or other article shall be desmed to be a banned hazardous sub-
stance for purposes of this Act until the proceeding has been com-
pleted. If not yet initiated when such order is published, such a 
proceeding shall be initiated as promptly as possible. 
Child 
Protection and 
Toy Safety Act 
of 1969. 
74 Stat. 372. 
Regulations. 
80 Stat. 383. 
70 Stat. 919. 
52 Stat. 1055. 
21 u s e 371. 
Notice of 
finding. 
Publication 
in Federal 
Register. 
188 
PUBLIC LAW 91-113-NOV. 6, 1969 
[83 STAT. 
Filing of 
petition. 
80 Stat. 383. 
72 Stat. 941. 
Hearing; 
additional 
evidence. 
Modification 
of findings. 
Judicial 
review. 
80 Stat. 393. 
62 Stat. 928. 
80 Stat. 1304. 
15 u s e 1261. 
Hazards. 
74 Stat. 372. 
Electrical. 
Mechanical. 
"(3) (A) In the case of any toy or other article intended for use by 
children which is determined by the Secretary, in accordance with 
section 553 of title 5 of the LTnited States Code, 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 
Secretar}^, 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 
Secretary or other officer designated by him for that purpose. The 
Secretary shall file m the court the record of the proceedings on which 
the Secretary based his determination, as provided in section 2112 of 
title 28 of the United States Code. 
"(B) If the petitioner applies to the court for leave to adduce addi-
tional 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 Secretary, the court 
may order such additional evidence (and evidence in rebuttal thereof) 
to be taken before the Secretary in a hearing or in such other manner, 
and upon such terms and conditions, as to the court may seem proper. 
The Secretary may modify his findings as to the facts, or make new 
findings, by reason of the additional evidence so taken, and he shall 
file such modified or new findings, and his recommendation, if any, for 
the modification or setting aside of his original determination, wdth 
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 Secretary in 
accordance with subparagraphs (A), (B), (C),and (D) of paragraph 
(2) of the second sentence of section 706 of title 5 of the United States 
Code. If the court ordered additional evidence to be taken under sub-
paragraph (B) of this paragraph, the court shall also review the Sec-
retary's determination to determine if, on the basis of the entire record 
liefore the court pursuant to subparagraphs (A) and (B) of this para-
graph, 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 such title. 
"(D) The judgment of the court affirming or setting aside, in whole 
or in part, any such determination of the Secretary 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 of the 
United States Code." 
(c) The proviso in section 2(q) (1) of such Act is amended by insert-
ing "or necessarily present an electrical, mechanical, or thermal 
hazard" after "hazardous substance involved". 
(d) Section 2 of such Act is amended by adding at the end thereof 
the following: 
" (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 per-
sonal injury or illness (1) from fracture, fragmentation, or disas-
83 STAT. ] 
PUBLIC LAW 91-113-NOV. 6, 1969 
189 
sembly 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 or 
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 per-
sonal injury or illness because of heat as from heated parts, substances, 
or surfaces." 
SEC. 3. (a) Subparagraph 1(A) of section 2(f) of the Federal Haz-
ardous Substances Act (15 U.S.C. 1261 (f)(1)(A)) is amended by 
inserting "or combustible" after "flammable". 
(b) Section 2(1) of such Act (15 U.S.C. 1261 (1)) is amended— 
(1) by striking out "and the term" and inserting in lieu thereof 
"the term"; 
(2) by inserting before the semicolon the following: ", and the 
term 'combustible' shall apply to any substance which has a flash 
point above eighty degrees Fahrenheit to and including one hun-
dred and fifty degrees, as determined by the Tagliabue Open Cup 
Tester"; 
(3) by inserting "or combustibility" after "flammability"; and 
(4) by inserting ", 'combustible'," after "the terms 'flammable' ". 
(c) Section 2 ( p ) ( l ) ( E ) of such Act (15 U.S.C. 1261 ( p ) ( l ) ( E ) ) 
is amended by inserting " 'Combustible,' " after " 'Flammable,' ". 
SEC. 4. (a) The Federal Hazardous Substances Act is amended by 
redesignating sections 15, 16, 17, and 18 as sections 16, 17, 18, and 19, 
respectively, and by inserting after section 14 the following new-
section : 
a. 
REPURCHASE OF BANNED HAZARDOUS SUBSTANCES 
"SEC. 15. (a) In the case of any article or substance sold by its manu-
facturer, distributor, or dealer which is a banned hazardous substance 
(whether or not it was such at the time of its sale), such article or sub-
stance shall, in accordance with regulations of the Secretary, be repur-
chased as follows: 
" (1) The manufacturer of any such article or substance shall repur-
chase it from the person to whom he sold it, and shall— 
"(A) refund that person the purchase price paid for such 
article or substance, 
"(B) if that person has repurchased such article or substance 
pursuant to paragraph (2) or (3), reimburse him for any amounts 
paid in accordance with that paragraph for the return of such 
article or substance in connection with its repurchase, and 
" (C) if the manufacturer requires the return of such article or 
substance in connection with his repurchase of it in accordance 
with this paragraph, reimburse that person for any reasonable and 
necessary expenses incurred in returning it to the manufacturer. 
"(2) The distributor of any such article or substance shall repur-
chase it from the person to whom he sold it, and shall— 
"(A) refund that person the purchase price paid for such 
article or substance, 
"(B) if that person has repurchased such article or substance 
pursuant to paragraph (3), reimburse him for any amounts paid 
in accordance with that paragraph for the return of such article 
or substance in connection with its repurchase, and 
Thermal. 
74 Stat. 372. 
74 Stat. 373. 
74 Stat. 380. 
15 u s e 1261 
notes, 401 note. 
190 
PUBLIC LAW 91-114-NOV. 10, 1969 
[83 
STAT. 
"Manufacturer.' 
74 Stat. 380. 
15 u s e 1261 
note. 
15 u s e 401 
note. 
Effective date. 
"(C) if the distributor requires the return of such article or 
substance in connection with his repurchase of it in accordance 
with this paragraph, reimburse that person for any reasonable 
and necessary expenses incurred in returning it to the distributor. 
"(3) In the case of any such article or substance sold at retail by a 
dealer, if the person who purchased it from the dealer returns it to him, 
the dealer shall refund the purchaser the purchase price paid for it and 
reimburse him for any reasonable and necessary transportation 
charges incurred in its return. 
"(b) For the 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." 
(b) (1) Subsection (a) of the section of such Act redesignated as 
section 18 is amended by striking out "section 18'' and inserting in lieu 
thereof "section 19". 
(2) The section of such Act redesignated as section 19 is amended 
by striking out "section 16(b)" and inserting in lieu thereof "section 
17(b)". 
SEC. 5. The amendments made by this Act shall take effect on the 
sixtieth day following the date of the enactment of this Act. 
Approved November 6, 1969. 
Public Law 91-114 
November 10, 1969 
^ N 
A C T 
[H.R. 337] 
To increase the niaxiiuiim rate of per diem allowance for employees of the 
Government traveling on official business, and for other purposes. 
Federal em-
ployees. 
Per diem 
allowance, 
increase. 
80 Stat. 498. 
70 Stat. 360; 
75 Stat. 340. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 5702 
of title 5, United States Code, is amended by striking out "$16" and 
inserting in lieu thereof "$25'', by striking out "$30" and inserting in 
lieu thereof "$40", and by striking out "$10" and inserting in lieu 
thereof "$18". 
SEC. 2. Section 5703 of title 5, United States Code, is amended by 
striking out "$16" and inserting in lieu thereof "$25'', by striking out 
"$30'' and inserting in lieu thereof "$40", and by striking out "$10" 
and inserting in lieu thereof "$18''. 
SEC. 3. The seventh paragraph under the heading "Administrative 
Provisions'' in the Senate section of the Legislative Branch Appro-
priation Act, 1957 (2 U.S.C. 68b), is amended by striking out "$16" 
and inserting in lieu thereof "$25", and by striking out "$30", and 
inserting in lieu thereof "$40". 
Approved November 10, 1969. 
November 10, 1969 
[S. 73] 
Public Law 9 M 1 5 
AN ACT 
To amend the Act entitled "An Act to authorize the sale and exchange of isolated 
tracts of tribal land on the Rosebud Sioux Indian Reservation, South 
Dakota". 
Rosebud Sioux 
Indian Reser-
vation, S. Dak. 
Lands. 
Foreclosure or 
sale proceed-
ings. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asse'mhled^ That the Act of 
December 11, 1963 (77 Stat. 349), Public Law 88-196, entitled "An 
Act to authorize the sale and exchange of isolated tracts of tribal land 
on the Rosebud Sioux Indian Reservation, South Dakota", be and 
the same is hereby amended by adding a section 3 reading as follows: