An Act to amend the Federal Hazardous Substances Labeling Act to ban hazardous toys and articles intended for children, and other articles so hazardous as to be dangerous in the household regardless of labeling, and to apply to unpackaged articles intended
PL 89-756 (S.3298), enacted 11/03/1966

80 STAT.] 
PUBLIC LAW 89-756-NOV. 3, 1966 
1303 
Public Law 89-756 
AN A C T 
Novembers, 1966 
To amend the Federal Hazardous Substances Labeling Act to ban hazardous 
[s.3298] 
toys and articles intended for children, and other articles so hazardous as to 
be dangerous in the household regardless of labeling, and to apply to unpack-
aged articles intended for household use, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
Child Protec-
tion Act of 
1966. 
SHORT TITLE 
SECTION 1. This title may be cited as the "Child Protection Act 
of 1966". 
APPLICATION OF FEDERAL HAZARDOUS SUBSTANCES LABELING ACT TO 
ARTICLES BEARING OR CONTAINING PESTICIDES, AND TO UNPACKAGED 
HAZARDOUS SUBSTANCES 
SEC. 2. (a) Section 2(f) (2) of the Federal Hazardous Substances 
Labeling Act (15 U.S.C. 1261(f)(2)), which excludes "economic 
74 stat. 372. 
poisons" subject to the Federal Insecticide, Fungicide, and Rodenticide 
Act and certain other articles from the term "hazardous substance", is 
y^us^c^ia^s^n" 
amended by inserting before the period at the end thereof the follow-
ing : ", but such term shall apply to any article which is not itself an 
economic poison within the meaning of the Federal Insecticide, Fungi-
cide, and Rodenticide Act but which is a hazardous substance within 
the meaning of subparagraph 1 of this paragraph by reason of bear-
ing or containing such an economic poison". 
(b) So much of section 2(n) of such Act (15 U.S.C. 1261 (n)), 
defining the term "label", as precedes the semicolon is amended to read 
as follows: 
"(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". 
(c) (1) Paragraph (p) of section 2 of such Act (15 U.S.C. 1261 
(p)), defining the terms "misbranded package" and "misbranded 
package of a hazardous substance", is amended by changing so much 
of such paragraph as precedes subparagraph (1) thereof to read as 
follows: 
" (p) The term 'misbranded hazardous substance' means a hazardous 
substance (including a toy, or other article intended for use by chil-
dren, 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, 
which substance, except as otherwise provided by or pursuant to sec-
tion 3, fails to bear a label—". 
(2) Such paragraph (p) is further amended by striking out, in 
subparagraph (1), all of clause (J) through the word "and" and in-
serting in lieu thereof the following: "(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 
nn 73 T
*
r
i f
L
T
i
o 
(d) Section 3(b) of such Act (15 U.S.C. 1262(b)), authorizing 
the Secretary to establish reasonable variations or additional label 
1304 
PUBLIC LAW 89.756-NOV. 3, 1966 
[80 STAT. 
requirements necessary for tlie protection of the public health and 
safety, is amended by changing so much of such subsection as follows 
the semicolon to read as follows: "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 regula-
tions shall be deemed to be a misbranded hazardous substance." 
74 Stat. 375. 
(g) Subsectlou (d) of section 3 of such Act (15 U.S.C. 1262(d)), 
authorizing the Secretary to except containers of hazardous substances 
with respect to which adequate requirements satisfying the purposes 
of such Act have been established by or pursuant to another Act, is 
amended by inserting "hazardous substance or" before "container of 
a hazardous substance". 
(f) Section 4 of such Act (15 LT.S.C. 1263), setting forth prohibited 
acts, is amended as follows: 
(1) Paragraphs (a), (c), and (g) of such section are each amended 
by striking out "misbranded package of a hazardous substance" and 
inserting in lieu thereof "misbranded hazardous substance"; 
(2) Paragraphs (b) and (f) of such section are each amended by 
striking out "being in a misbranded package" and inserting in lieu 
thereof "being a misbranded hazardous substance". 
(g) Subsection (b) of section 5 of such Act (15 U.S.C 1264) is 
amended by striking out "in misbranded packages" in clause (2) there-
of and inserting in lieu thereof "a misbranded hazardous substance". 
(h) Section 6(a) of such Act (15 U.S.C. 1265(a)) is amended by 
striking out "Any hazardous substance that is in a misbranded pack-
age" and inserting in lieu thereof "Any misbranded hazardous sub-
stance". 
(i) Section 14(a) of such Act (15 U.S.C. 1273(a)) is amended by 
striking out "in misbranded packages" in the second sentence thereof 
and inserting in lieu thereof "a misbranded hazardous substance". 
EXCLUSION, FROM INTERSTATE COMMERCE, OF TOYS AND OTHER CHILDREN'S 
ARTICLES CONTAINING 
HAZARDOUS SUBSTANCES, AND OF OTHER SUB-
STANCES SO DANGEROUS THAT CAUTIONARY LABELING IS NOT ADEQUATE 
SEC. 3. (a) Section 2 of such Act (15 U.S.C. 1261) is further 
amended by adding at the end thereof the following new paragraph: 
" ( q ) ( l ) 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 
Secretary by regulation classifies as a 'banned hazardous substance' 
on the basis of a finding that, notwithstanding such cautionary label-
ing as is or may be required under this Act 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 keep-
ing such substance, when so intended or packaged, out of the channels 
of interstate commerce: Provided^ That the Secretary, 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, and which bear label-
ing 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 
52 Stat. 1055. 
21 u s e 371. 
80 STAT.] 
PUBLIC LAW 89-756-NOV. 3, 1966 
1305 
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 he determines that such articles can be adequately 
labeled to protect the purchasers and users thereof. 
"(2) Proceedings for the issuance, amendment, or repeal of regu-
lations pursuant to clause (B) of subparagraph (1) of this paragraph 
shall be governed by the provisions of sections 701 (e), (f), and (g) of 
the Federal Food, Drug, and Cosmetic Act: Provided^ That if the Sec-
retary finds that the distribution for household use of the hazardous 
substance involved presents an imminent hazard to the public health, 
he may by order published in the Federal Register give notice of such pe^e^iV'R""^^" 
finding, and thereupon such substance when intended or offered for ter. 
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." 
(b) Subsections (a), (b), (c), and (g) of section 4 of such Act, 
as amended by section 2 of this Act, are each further amended by 
^"'^' P- ^^O"*-
inserting "or banned hazardous substance" after "misbranded haz-
ardous substance". 
(c) Clause (2) of section 5(b) of such Act, as amended by section 
2 of this Act, is further amended by striking out "within the mean-
ing of that term" in such clause and inserting in lieu thereof "or a 
banned hazardous substance within the meaning of those terms". 
(d) Section 6(a) of such Act, as amended by section 2 of this Act, 
is further amended by inserting "or banned hazardous substance" 
after "Any misbranded hazardous substance". 
(e) Section 14(a) of such Act, as amended by section 2 of this 
Act, is further amended by inserting "or banned hazardous substance" 
after "misbranded hazardous substance" in the second sentence thereof. 
EFFECT UPON STATE LAW 
SEC. 4. (a) Section 17 of such Act (15 U.S.C. 1261, note) is amended 
^4 stat. aso. 
by inserting " ( a ) " immediately after the section designation and 
adding at the end thereof the following new subsection: 
"(b) It is hereby expressly declared that it is the intent of the 
Congress to supersede any and all laws of the States and political 
subdivisions thereof insofar as they may now or hereafter provide 
for the precautionary labeling of any substance or article intended 
or suitable for household use (except for those substances defined in 
sections 2(f) (2) and (3) of this Act) which differs from the require-
ments or exemptions of this Act or the regulations or interpretations 
promulgated pursuant thereto. Any law, regulation, or ordinance 
purporting to establish such a labeling requirement shall be null and 
void." 
(b) The title of such section is amended to read as follows: 
"EFFECT UPON FEDERAL AND STATE LAW". 
CHANGE IN SHORT TITLE OF ACT 
SEC. 5. Section 1 of the Federal Hazardous Substances Labeling Act 
^
"
^ ^*^*- ^72. 
is amended by striking out "Labeling". 
^^^^ ^^*^ ^^^^ 
Approved November 3, 1966.