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15 U.S.C. § 1276 — Congressional veto of hazardous substances regulations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Transmission to Congress** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/q/1&num=0&edition=prelim) or subsection (e) of [section 1262 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1262&num=0&edition=prelim).
**(b) Disapproval by concurrent resolution** Any regulation specified in subsection (a) 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
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Stable record: federal_law:legal_authorities:record_usc_a7b70375741d5b7fd6118fab
Source file: Laws/federal/codes/united-states-code/title-15/section-1276-congressional-veto-of-hazardous-substances-regulations--0259551006.md
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Source location: Title 15, Chapter 30, § 1276; chapter-030-hazardous-substances.md
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**(a) Transmission to Congress** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/q/1&num=0&edition=prelim) or subsection (e) of [section 1262 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1262&num=0&edition=prelim).
**(b) Disapproval by concurrent resolution** Any regulation specified in subsection (a) 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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rulemaking**
(1) **In general** — 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 [section 1261(f)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f/1/A&num=0&edition=prelim).
(2) **Procedure** — 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 be governed by the provisions of subsections (f) through (i) of this section.
**(b) Reasonable variations or additional label requirements** If the Commission finds that the requirements of [section 1261(p)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/p/1&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1262
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Federal law — U.S. Code and appendices · legal_authorities
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)** The term “Commission” means the Consumer Product Safety Commission.
**(d)** Repealed. Pub. L. 110–314, title II, § 204(b)(4)(A), Aug. 14, 2008, 122 Stat. 3041
**(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 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 foreseeable ingestion by children.
(B) Any substances which the Commission by regulation finds, pursuant to the provisions of [section 1262(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1262/a&num=0&edition=prelim), 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 accordan
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1261
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In this chapter:
(1) **Appropriate Congressional committees** — The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) **Children’s product** — The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:
(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
(3) **Commerce** — The term “commerce” means trade, traffic, commerce, or transportation—
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).
(4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim).
(5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in
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Federal law — U.S. Code and appendices · legal_authorities
Page 1379
TITLE 15—COMMERCE AND TRADE
§ 1276
1 See References in Text note below.
and shall revise any general recommendations
submitted to the Commission under this para-
graph to reflect such changes.
(b)
Membership;
appointment;
qualifications;
Chairman; term of office; reappointment; va-
cancies; meetings; compensation and travel
expenses; Federal nonemployee status
(1) The Board shall be composed of nine mem-
bers appointed by the Commission. Each mem-
ber 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 ap-
pointed 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 appoint-
ment 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 fro
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