An Act to regulate the interstate distribution and sale of packages of hazardous substances intended or suitable for household use.
PL 86-613 (S.1283), enacted 07/12/1960

372 
PUBLIC LAW 86-613-JULY 12, 1960 
[74 S T A T . 
Public Law 86-613 
July 12, 1960 
A N A C T 
rS« 12831 
'. 
To regulate the interstate distribution and sale of packages of hazardous sub-
stances intended or suitable for household use. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Federal Hazardous Sub-
stances Labeling Act". 
DEFINITIONS 
SEC. 2. For the purposes of this Act— 
(a) The term "territory" means any territory or possession of the 
United States, including the District of Columbia and the Common-
wealth 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) com-
merce within the District of Columbia or within any territory not 
organized with a legislative body. 
(c) The term "Department" means the Department of Health, 
Education, and "Welfare. 
(d) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare. 
(e) The term "person" includes an individual, partnership, cor-
poration, 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 sensi-
tizer, (v) is flammable, or (vi) generates pressure through de-
composition, heat, or other means, if such substance 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 lore-
seeable ingestion by children. 
(B) Any substances which the Secretary by regulation finds, 
pursuant to the provisions of section 3(a), meet the requirements 
of subparagraph 1(A) of this paragraph. 
(C) Any radioactive substance, if, with respect to such sub-
stance as used in a particular class of article or as packaged, the 
Secretary determines by regulation that the substance is suffi-
ciently hazardous to require labeling in accordance with this Act 
in order to protect the public health. 
2. The term "hazardous substance" shall not apply to'economic 
poisons subject to the Federal Insecticide, Fungicide, and Ro-
7 us*c*'i35^ note 
dcnticide Act, nor to foods, drugs and cosmetics subject to the 
52 Stat. 1040.*' 
Federal Food, Drug, and Cosmetic Act, nor to substances in-
21 use 301. 
tended for use as fuels when stored in containers and used in 
the heating, cooking, or refrigeration system of a house. 
3. The term "hazardous substance" shall not include any source 
material, special nuclear material, or byproduct material as de-
42 ^x^sc*^2bi 1 
fined 
in the Atomic Energy Act of 1954, as amended, and regu-
late, 
lations 
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. 
74 S T A T . ] 
PUBLIC LAW 86-613-JULY 12, 1960 
373 
(h) (1) The term "highly toxic" means any substance which falls 
within any of the following categories: (a) Produces death within 
fourteen clays 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 kilo-
gram 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 hun-
dred 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 mifligrams or less 
per kilogram of body weight, when administered by continuous con-
tact with the bare skin for twenty-four hours or less. 
(2) If the Secretary 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) which on immediate, prolonged, or 
repeated contact with normal living tissue will induce a local mflam-
matory 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 Secretary. 
Before designating any substance as a strong sensitizer, the Secretary, 
upon consideration of the frequency of occurrence and severity of the 
reaction, shall find that the substance has a significant potential for 
causing hypersensitivity. 
(1) The term "extremely flammable" shall apply to any substance 
which has a flash point at or below twenty degrees Fahrenheit as 
determined by the Tagliabue Open Cup Tester, and the term "flam-
mable" shall apply to any substance which has a flash point of above 
twenty degrees to and including eighty degrees Fahrenheit, as de' er-
mined by the Tagliabue Open Cup Tester; except that the flamma-
bility of solids and of the contents of self-pressurized containers shall 
be determined by methods found by the Secretary to be generally 
applicable to such materials or containers, respectively, and estab-
lished by regulations issued by him, which regulations shall also define 
the terms "flammable" and "extremely flammable" in accord with such 
methods. 
(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; and 
a requirement made by or under authority of this Act that any word, 
statement, or other information appear on the label shall not be con-
sidered to be complied with unless such word, statement, or other in-
formation also appears (1) on the outside container or wrapper, if 
any there be, unless it is easily legible through the outsicje container 
or wrapper and (2) on all accompanying literature wl>ere there are 
directions for use, written or otherwise. 
374 
PUBLIC LAW 86-613-JULY 12, 1960 
[74 STAT. 
(o) The term "immediate container" does not include package 
liners. 
(p) The term "misbranded package" or "misbranded package of 
a hazardous substance" means a hazardous substance in a container 
intended or suitable for household use which, except as otherwise 
provided by or pursuant to section 3, 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 Secretary 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", "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 Secretary pursuant to section 3; (G) 
instruction, when necessary or appropriate, for first-aid treat-
ment; (H) the word "poison" for any hazardous substance which 
is defined as "highly toxic" by subsection (h); (I) instructions 
for handling and storage of packages which require special care 
in handling or storage; and (J) the statement "Keep out of the 
reach of children", or its practical eq^uivalent, 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 typogra-
phy, layout, or color with other printed matter on the label. 
REGULATIONS DECLARING HAZARDOUS SUBSTANCES AND 
ESTABLISHING 
VARIATIONS AND EXEMPTIONS 
SEC. 3. (a)l. Whenever in the judgment of the Secretary such 
action will promote the objectives of this Act by avoiding or resolving 
uncertainty as to its application, the Secretary may by regulation 
declare to be a hazardous substance, for the purposes of this Act, any 
substance or mixture of substances which he finds meets the require-
ments of subparagraph (1) (A) of section 2(f). 
2. Proceedings for the issuance, amendment, or repeal of regulations 
under this subsection and the admissibility of the record of such pro-
ceedings in other proceedings, shall in all respects be governed by the 
provisions of section 701 (e), (f), and (g) of the Federal Food, Drug, 
21 use 371. 
and Cosmetic Act, except that— 
(A) the Secretary's order after public hearing (acting upon 
objections filed to an order made prior to hearing) shall be sub-
ject to the requirements of section 409(f) (2) of the Federal Food, 
21 use 348. 
Drug, and Cosmetic Act; 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 409(g) of the Federal 
Food, Drug, and Cosmetic Act. 
(b) If the Secretary finds that the requirements of section 2(p) (1) 
are not adequate for the protection of the public health and safety in 
view of the special hazard presented by any particular hazardous 
substance, he may by regulation establish such reasonable variations 
or additional label requirements as he finds necessary for the pro-
74 S T A T . ] 
PUBLIC LAW 86-613-JULY 12, 1960 
375 
tection of the public health and safety; and 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 
doemed to be a misbranded package of a hazardous substance. 
(c) If the Secretary 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 com-
pliance with the labeling requirements otherwise applicable under this 
Act is impracticable or is not necessary for the adequate protection of 
the public health and safety, the Secretary shall promulgate regula-
tions exempting such substance from these requirements to the ex-
tent he determines to be consistent with adequate protection of the 
public health and safety. 
(d) The Secretary may exempt from the requirements established 
by or pursuant to this Act any container of a hazardous substance 
with respect to which he finds that adequate requirements satisfying 
the purposes of this Act have been established by or pursuant to any 
other Act of Congress. 
PROHIBITED ACTS 
SEC. 4. The following acts and the causing thereof are hereby pro-
hibited : 
(a) The introduction or delivery for introduction into interstate 
commerce of any misbranded package of a hazardous substance. 
(b) The alteration, mutilation, destruction, obliteration, or re-
moval 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 inter-
state commerce, and results in the hazardous substance being in a mis-
branded package. 
(c) The receipt in interstate commerce of any misbranded pack-
age of a hazardous substance and the delivery or proffered delivery 
thereof for pay or otherwise. 
(d) The giving of a guarantee or undertaking referred to in sec-
tion 5(b)(2) which guarantee or undertaking is false, except by a 
person who relied upon a guarantee or undertaking to the same ef-
fect 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 sec-
tion 11 (b) or to permit access to and copying of any record as author-
ized by section 12. 
(f) The introduction or delivery for introduction into interstate 
commerce, or the receipt in interstate commerce and subsequent deliv-
ery or proffered delivery for pay or otherwise, of a hazardous sub-
stance 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 haz-
ardous substance shall be deemed to be an act which results in the 
hazardous substance being in a misbranded package. 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 use 301. 
(g) The manufacture of a misbranded package of a 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 Secretary or officers or employees of the Depart-
3T6 
PUBLIC LAW 86-613-JULY 12, I960 
[74 S T A T . 
inent, or to the courts wiien relevant in any judicial proceeding under 
this Act, of any information acquired under authority of section 11 
concerning any method of process which as a trade secret is entitled 
to protection. 
PENALTIES 
SEC. 5. (a) Any person who violates any of the provisions of section 
4 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 oifenses 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) No person shall be subject to the penalties of subsection (a) of 
this section, (1) for having violated section 4(c), 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 em-
ployee duly designated by the Secretary, the name and address of 
the person from whom he purchased or received such hazardous sub-
stance, 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 4(a), if he establishes 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 hazard-
ous substance, to the effect that the hazardous substance is not in mis-
branded packages within the meaning of that term in this Act; or (3) 
for having violated subsection (a) or (c) of section 4 in respect of 
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 specifica-
tions 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, this clause shall not apply. 
SEIZURES 
SEC. 6. (a) Any hazardous substance that is in a misbranded pack-
age when introduced into or while in interstate commerce or while 
held for sale (whether or not the first sale) after shipment in inter-
state commerce, or which may not, under the provisions of section 
4(f), be introduced into interstate commerce, or which has been manu-
factured in violation of section 4(g), 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) 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 con-
74 S T A T . ] 
PUBLIC LAW 86-613-JULY 12, 1960 
377 
solidated 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 i)arties. 
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 claim-
ant, 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 pro-
ceedings shall be consolidated for trial and tried. Such order of con-
solidation 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 juris-
diction of the cases covered thereby. 
(c) 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 pro-
visions of this Act or the law^s of the jurisdiction in which sold: Pro-
vided^ That, after entry of the decree and upon the payment of the 
cos':s 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 Act 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 de-
stroyed or brought into compliance with the provisions of this Act 
under the supervision of an officer or employee duly designated by the 
Secretary, and the expenses of such supervision shall be paid by the 
person obtaining release of the hazardous substance under bond. 
(d) When a decree of condemnation is entered against the hazard-
ous substance, court costs and fees, and storage and other proper ex-
penses, shall be aw^arded against the person, if any, intervening as 
claimant of the hazardous substance. 
(e) In the case of removal for trial of any case as provided by sub-
section (b) — 
(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. 
HEARING BEFORE REPORT OF CRIMINAL VIOLATION 
SEC. 7. Before any violation of this Act is reported by the Secretary 
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. 
378 
PUBLIC LAW 86-613-JULY 12, 1960 
[74 S T A T . 
I N J U N C T I O N S 
SEC. 8. (a) 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 Eules 
28 use app. 
Q
j
f Civil Procedure, to restrain violations of this Act. 
(b) In any proceeding for criminal contempt for violation of an 
injunction or restraining order issued under this section, which viola-
tion also constitutes a violation of this Act, trial shall be by the court 
or, upon demand of the accused, by a jury. 
Such trial shall be con-
ducted 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 Oiminal Procedure. 
STYLE o r ENFORCEMENT PROCEEDINGS—SUBPENAS 
SEC. 9. All criminal proceedings and all libel or injunction proceed-
ings for the enforcement, or to restrain violations, of this Act 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 feuch proceeding. 
REGULATIONS 
SEC. 10. (a) The authority to promulgate regulations for the effi-
cient enforcement of this Act, except as otherwise provided in this 
section, is hereby vested in the Secretary. 
(b) The Secretary of the Treasury and the Secretary of Health, 
Education, and Welfare shall jointly prescribe regulations for the 
efficient enforcement of the provisions of section 14, except as other-
wise provided therein. Such regulations shall be promulgated in such 
manner and take effect at such time, after due notice, as the Secretary 
of Health, Education, and Welfare shall determine. 
EXAMINATIONS AND INVESTIGATIONS 
SEC. 11. (a) The Secretary is authorized to conduct examinations, 
inspections, and investigations for the purposes of this Act through 
officers and employees of the Department or through any health officer 
or employee of any State, territory, or political subdivision thereof, 
duly commissioned by the Secretary as an officer of the Department. 
(b) For purposes of enforcement of this Act, officers or employees 
duly designated by the Secretary, upon presenting appropriate cre-
dentials 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 manu-
factured, 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 inter-
state commerce; (2) to inspect, at reasonable times and within reason-
able limits and in a reasonable manner, such factory, warehouse, estab-
lishment, or vehicle, and all pertinent equipment, finished and unfin-
ished 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 inspec-
tion. Each such inspection shall be commenced and completed with 
reasonable promptness. 
(c) If the officer or employee obtains any sample, prior to leaving 
the premises, he shall give to the owner, operator, or agent in charge 
74 S T A T . ] 
PUBLIC LAW 86-613-JULY 12, 1960 
379 
a receipt describing the samples obtained. If an analysis is made 
of such sample, a copy of the results of such analysis shall be fur-
nished promptly to the owner, operator, or agent in charge. 
RECORDS o r INTERSTATE SHIPMENT 
SEC. 12. For the purpose of enforcing the provisions of this Act, 
carriers engaged in interstate commerce, and persons receiving hazard-
ous substances in interstate commerce or holding such hazardous sub-
stances so received shall, upon the request of an officer or employee 
duly designated by the Secretary, 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 quan-
tity, 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 state-
ment in writing specifying the nature or kind of such hazardous sub-
Stance to which such request relates: Provided^ That evidence obtained 
under this section 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 Act by reason of their 
receipt, carriage, holding, or delivery of hazardous substances in the 
usual course of business as carriers. 
PUBLICITY 
SEC. 13, (a) The Secretary may cause to be published from time to 
time reports summarizing any judgments, decrees, or court orders 
which have been rendered under this Act, including the nature of the 
charge and the disposition thereof. 
(b) The Secretary may also cause to be disseminated information 
regarding hazardous substances in situations involving, in the opinion 
of the Secretary, imminent danger to health. Nothing in this section 
shall be construed to prohibit the Secretary from collecting, report-
ing, and illustrating the results of the investigations of the Depart-
ment. 
IMPORTS 
SEC. 14. (a) The Secretary of the Treasury shall deliver to the 
Secretary of Health, Education, and Welfare, upon his request, sam-
ples 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 Secretary of Health, Educa-
tion, ahd Welfare and have the right to introduce testimony. If it ap-
pears from the examination of such samples or otherwise that such 
hazardous substance is in misbranded packages or in violation of sec-
tion 4(f), 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 sub-
stance 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 addi-
tional time as may be permitted pursuant to such regulations. 
(b) 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 pro-
viding for the payment of such liquidated damages in the event of 
default as may be required pursuant to regulations of the Secretary 
880 
PUBLIC LAW 86-613-JULY 12, 1960 
[74 STAT. 
of the Treasury. 
If it appears to the Secretary of Health, Educa-
tion, and Welfare that the hazardous substance can, by relabeling or 
other action, be brought into compliance with this Act, final de-
termination as to admission of such hazardous substance may be de-
ferred 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 Secretary may, in ac-
cordance 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 Secretary'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 Department of Health, Education, and Welfare 
designated by the Secretary, or an officer or employee of the Depart-
ment of the Treasurj^ designated by the Secretary of the Treasury, 
(c) 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 relqibeling 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 re-
spect 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. 
SEPARABILITY CLAUSE 
SEC. 15. If any provision of this Act 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. 
TIME o r TAKING EFFECT 
SEC. 16. This Act shall take effect upon the date of its enactment; 
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, or 
(b) prior to the expiration of such sfdditional period or periods, 
ending not more than eighteen months after the month of enact-
ment of this Act, 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 Sec-
retary 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. 
APPLICATION TO EXISTING LAW 
SEC. 17. Nothing in this Act shall be construed to modify or affect 
the provisions of the Flammable Fabrics Act, as amended (15 U.S.C. 
67 Stat. 111. 
1191-1200), 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 
49 use 304. 
(a) (2) and 204(a) (3) of the Interstate Commerce Act, as amended 
(relating to the transportation of dangerous substances and explosives 
74 S T A T . ] 
PUBLIC LAW 86-614-JULY 12, 1960 
381 
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 or regulations promulgated 
under section 601 of the Federal Aviation Act of 1958 (relating to 
transportation of dangerous substances and explosives in aircraft) ; 
or of the Federal Food, Drug, and Cosmetic Act: or of the Public 
Health Service Act; or of the Federal Insecticide, Fungicide, and 
Kodenticide Act; 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 Colum-
bia, 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 18. 
REPEAL OF FEDERAL CAUSTIC POISON ACT 
SEC. 18. The Federal Caustic Poison Act (44 Stat. 1406) is re-
pealed effective at the close of the sixth calendar month after the 
month of enactment of this Act, except that the Federal Caustic 
Poison Act shall remain in full force and effect with respect to any 
"dangerous caustic or corrosive substance" (as defined by that Act) 
which is an article subject to the Federal Food, Drug, and Cosmetic 
Act and which is, by virtue of paragraph 2 of section 2(f) of this 
Act, excluded from the term "hazardous substance" as defined in 
this Act: Provided, 
That, if the Secretary, pursuant to section 
16(b) of this Act, prescribes an additional period or periods dur-
ing which violations of this Act shall not be enforceable and if such 
additional period or periods are applicable to violations of this 
Act involving one or more substances defined as "dangerous caustic 
or corrosive substances" by the Federal Caustic Poison Act, that 
Act shall, with respect to such substance or substances, remain in 
full force and effect during such additional period or periods: Pro-
vided further, 
That, with respect to violations, liabilities incurred 
or appeals taken prior to the close of said sixth month or, if ap-
plicable, prior to the expiration of the additional period or periods 
referred to in the preceding proviso, all provisions of the Federal 
Caustic Poison Act shall be deemed to remain in full force for the 
purpose of sustaining any proper suit, action, or other proceeding 
with respect to any such violations, liabilities, and appeals. 
Approved July 12, 1960. 
72 Stat. 775, 784. 
49 U S C 1421, 
1472. 
21 u s e 301. 
42 u s e 201 note. 
7 use 135 note. 
D. e. eode 33-
701 note, 2-601 et 
seq. 
15 use 401. 
Public Law 86-614 
JOINT RESOLUTION 
July 12, i960 
To authorize appropriations incident to United States participation in the 
[». j . Res. 627] 
International Bureau for the Protection of Industrial Property. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, That there is hereby author- 
international BU-
ized to be appropriated to the Department of State (a) the sum of ticuon'o f^indul-
$10,514 for payment by the United States of certain contributions for ''^^ Prop^^y. 
the support of the International Bureau for the Protection of Indus-
trial Property for the period beginning July 1, 1960, and extending 
through the fiscal year expiring June 30,1959; and 
(b) Such sums, not to exceed $7,250 annually, as may be required 
thereafter for the payment by the IJnited States of its proportionate 
share of the expenses of said international bureau. 
Approved July 12, 1960.