15 U.S.C. § 1261 — Definitions

Page 1361 TITLE 15—COMMERCE AND TRADE § 1261 (Pub. L. 85–623, § 4, Aug. 12, 1958, 72 Stat. 562; Pub. L. 111–83, title V, § 562, Oct. 28, 2009, 123 Stat. 2183.) Editorial Notes AMENDMENTS 2009—Par. (5). Pub. L. 111–83 added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as a note under section 1241 of this title. § 1245. Ballistic knives (a) Prohibition and penalties for possession, manufacture, sale, or importation Whoever in or affecting interstate commerce, within any Territory or possession of the United States, within Indian country (as defined in sec- tion 1151 of title 18), or within the special mari- time and territorial jurisdiction of the United States (as defined in section 7 of title 18), know- ingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, or imprisoned not more than ten years, or both. (b) Prohibition and penalties for possession or use during commission of Federal crime of violence Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or impris- oned not less than five years and not more than ten years, or both. (c) Exceptions The exceptions provided in paragraphs (1), (2), and (3) of section 1244 of this title with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section. (d) ‘‘Ballistic knife’’ defined As used in this section, the term ‘‘ballistic knife’’ means a knife with a detachable blade that is propelled by a spring-operated mecha- nism. (Pub. L. 85–623, § 7, as added Pub. L. 99–570, title X, § 10002, Oct. 27, 1986, 100 Stat. 3207–167; amend- ed Pub. L. 100–690, title VI, § 6472, Nov. 18, 1988, 102 Stat. 4379.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–690, § 6472(1), substituted ‘‘in or affecting interstate commerce, within any Terri- tory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), know- ingly possesses, manufactures, sells, or imports’’ for ‘‘knowingly possesses, manufactures, sells, or im- ports’’. Subsec. (b). Pub. L. 100–690, § 6472(2), struck out ‘‘or State’’ after ‘‘Federal’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–570, title X, § 10004, Oct. 27, 1986, 100 Stat. 3207–167, provided that: ‘‘The amendments made by this title [enacting this section, amending section 1716 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 1241 of this title] shall take effect 30 days after the date of enact- ment of this title [Oct. 27, 1986].’’ CHAPTER 30—HAZARDOUS SUBSTANCES 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; sub- penas. 1269. Regulations. 1270. Examinations and investigations. 1271. Records of interstate shipment. 1272. Publicity; reports; dissemination of informa- tion. 1273. Imports. 1274. Remedies respecting banned hazardous sub- stances. 1275. Toxicological Advisory Board. 1276. Congressional veto of hazardous substances regulations. 1277. Labeling of art materials. 1278. Requirements for labeling certain toys and games. 1278a. Children’s products containing lead; lead paint rule. § 1261. Definitions 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 Con- sumer 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 sub- stances 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 in- jury or substantial illness during or as a proxi- mate result of any customary or reasonably foreseeable handling or use, including reason- ably 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 re- quirements of subparagraph (1)(A) of this para- graph. (C) Any radioactive substance, if, with re- spect to such substance as used in a particular class of article or as packaged, the Commis- sion determines by regulation that the sub- stance is sufficiently hazardous to require la- Page 1362 TITLE 15—COMMERCE AND TRADE § 1261 beling 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 regula- tion determines, in accordance with section 1262(e) of this title, presents an electrical, me- chanical, 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 cos- metics subject to the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], nor to sub- stances intended for use as fuels when stored in containers and used in the heating, cook- ing, 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 subparagraph (1) of this paragraph by reason of bearing or containing such a pes- ticide. (3) The term ‘‘hazardous substance’’ shall not include any source material, special nu- clear material, or byproduct material as de- fined in the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], and regula- tions issued pursuant thereto by the Atomic Energy Commission. (g) The term ‘‘toxic’’ shall apply to any sub- stance (other than a radioactive substance) which has the capacity to produce personal in- jury or illness to man through ingestion, inhala- tion, or absorption through any body surface. (h)(1) The term ‘‘highly toxic’’ means any sub- stance 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 be- tween 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 hundred and three hundred grams, when in- haled 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 vol- ume or less of mist or dust, provided such con- centration 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 contin- uous 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 indi- cate results different from those obtained on animals in the above-named dosages or con- centrations, the human data shall take prece- dence. (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 subpara- graph (i) which on immediate, prolonged, or re- peated contact with normal living tissue will in- duce a local inflammatory reaction. (k) The term ‘‘strong sensitizer’’ means a sub- stance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on re- application 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 fre- quency of occurrence and severity of the reac- tion, shall find that the substance has a signifi- cant 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 flam- mability or combustibility characteristics of any such substance shall also be specified in such regulations. (3) In establishing definitions and test meth- ods related to flammability and combustibility, the Commission shall consider the existing defi- nitions and test methods of other Federal agen- cies involved in the regulation of flammable and combustible substances in storage, transpor- tation and use; and to the extent possible, shall establish compatible definitions and test meth- ods. (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 includ- ing 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 writ- ten, printed, or graphic matter upon the imme- diate container of any substance or, in the case of an article which is unpackaged or is not pack- aged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the arti- cle involved or upon a tag or other suitable ma- terial 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 in- formation also appears (1) on the outside con- tainer 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 sub- stance’’ means a hazardous substance (including a toy, or other article intended for use by chil- dren, which is a hazardous substance, or which Page 1363 TITLE 15—COMMERCE AND TRADE § 1261 1 See References in Text note below. 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 sec- tion 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 con- tributes 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 sub- stances; (E) an affirmative statement of the principal hazard or hazards, such as ‘‘Flam- mable’’, ‘‘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 modi- fied 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 haz- ardous substance which is defined as ‘‘highly toxic’’ by subsection (h); (I) instructions for handling and storage of packages which re- quire 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 print- ed matter on the label. The term ‘‘misbranded hazardous substance’’ also includes a household substance as defined in section 1471(2)(D) 1 of this title if it is a sub- stance 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 sub- stance in such manner as to be susceptible of ac- cess by a child to whom such toy or other article is entrusted; or (B) any hazardous substance in- tended, or packaged in a form suitable, for use in the household, which the Commission by reg- ulation classifies as a ‘‘banned hazardous sub- stance’’ on the basis of a finding that, notwith- standing such cautionary labeling as is or may be required under this chapter for that sub- stance, the degree or nature of the hazard in- volved 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 sub- stance, 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 func- tional purpose require the inclusion of the haz- ardous substance involved or necessarily present an electrical, mechanical, or thermal hazard, and which bear labeling giving adequate direc- tions 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 foun- tains, whistles without report, and sparklers) to the extent that it determines that such articles can be adequately labeled to protect the pur- chasers and users thereof. (2) Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be gov- erned by the provisions of subsections (f) through (i) of section 1262 of this title, except that if the Commission finds that the distribu- tion for household use of the hazardous sub- stance 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 sub- jected to reasonably foreseeable damage or abuse, its design or manufacture may cause per- sonal 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 un- reasonable 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 or insufficiency of controls to reduce or stop mo- tion, (6) as a result of self-adhering characteris- tics of the article, (7) because the article (or any part or accessory thereof) may be aspirated or ingested, (8) because of instability, or (9) be- cause 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 sub- jected to reasonably foreseeable damage or abuse, its design or manufacture presents an un- reasonable risk of personal injury or illness be- cause of heat as from heated parts, substances, or surfaces. Page 1364 TITLE 15—COMMERCE AND TRADE § 1261 (Pub. L. 86–613, § 2, July 12, 1960, 74 Stat. 372; Pub. L. 89–756, §§ 2(a)–(c), 3(a), Nov. 3, 1966, 80 Stat. 1303, 1304; Pub. L. 91–113, §§ 2(a), (c), (d), 3, Nov. 6, 1969, 83 Stat. 187–189; Pub. L. 91–601, § 6(a), formerly § 7(a), Dec. 30, 1970, 84 Stat. 1673, re- numbered Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716; Pub. L. 92–516, § 3(1), Oct. 21, 1972, 86 Stat. 998; Pub. L. 94–284, § 3(c), May 11, 1976, 90 Stat. 503; Pub. L. 95–631, § 9, Nov. 10, 1978, 92 Stat. 3747; Pub. L. 99–339, title I, § 109(d)(1), June 19, 1986, 100 Stat. 653; Pub. L. 110–314, title II, § 204(b)(2), (4)(A), (B), (D), Aug. 14, 2008, 122 Stat. 3041, 3042.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 86–613. For complete clas- sification 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 sub- chapter II (§ 136 et seq.) of chapter 6 of Title 7, Agri- culture. 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, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classi- fication 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, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 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. Section 1471(2)(D) of this title, referred to in subsec. (p), was redesignated section 1471(2)(C) by Pub. L. 94–284, § 3(a)(2), May 11, 1976, 90 Stat. 503. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–314, § 204(b)(4)(A), added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘The term ‘Department’ means the Depart- ment of Health, Education, and Welfare.’’ Subsec. (d). Pub. L. 110–314, § 204(b)(4)(A), struck out subsec. (d) which read as follows: ‘‘The term ‘Secretary’ means the Secretary of Health, Education, and Wel- fare.’’ Subsecs. (f)(1)(B) to (D), (h)(2), (k), (p)(1). Pub. L. 110–314, § 204(b)(4)(B), substituted ‘‘Commission’’ for ‘‘Secretary’’ wherever appearing. Subsec. (q). Pub. L. 110–314, § 204(b)(4)(B), (D), sub- stituted ‘‘Commission’’ for ‘‘Secretary’’ wherever ap- pearing and ‘‘it’’ for ‘‘he’’ in two places. Subsec. (q)(2). Pub. L. 110–314, § 204(b)(2), substituted ‘‘Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of subsections (f) through (i) of section 1262 of this title, except that if’’ for ‘‘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’’. 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; in- corporated 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 to- bacco and tobacco products,’’ after ‘‘or refrigeration system of a house’’. 1972—Subsec. (f)(2). Pub. L. 92–516 substituted ‘‘pes- ticides’’ 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 sub- stance 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, § 3(a), inserted ‘‘or combustible’’ after ‘‘is flammable’’. Subsec. (f)(1)(D). Pub. L. 91–113, § 2(a), added subsec. (f)(1)(D). Subsec. (l). Pub. L. 91–113, § 3(b), inserted definition of term ‘‘combustible’’ and expanded references to ‘‘flam- mability’’ and ‘‘flammable’’ to include ‘‘combus- tibility’’ and ‘‘combustible’’, respectively. Subsec. (p)(1)(E). Pub. L. 91–113, § 3(c), inserted ‘‘Com- bustible’’ 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, § 2(c), inserted ‘‘or nec- essarily present an electrical, mechanical, or thermal hazard’’ after ‘‘hazardous substance involved’’. Subsecs. (r) to (t). Pub. L. 91–113, § 2(d), added subsecs. (r) to (t). 1966—Subsec. (f). Pub. L. 89–756, § 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, § 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 dis- play of written, printed or graphic matter directly upon the article involved or upon a tag or other suit- able material affixed thereto. Subsec. (p). Pub. L. 89–756, § 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 arti- cles intended for use by children, which are hazardous substances, or which bear or contain hazardous sub- stances when susceptible of access by children, and in par. (1), clause (J) inserted further category of ‘‘mis- branded hazardous substance’’ where the article is in- tended for use by children and is not a banned haz- ardous substance and fails to bear a label with ade- quate directions for the protection of children from the hazard. Subsec. (q). Pub. L. 89–756, § 3(a), added subsec. (q). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–339, title I, § 109(d)(3), June 19, 1986, 100 Stat. 653, provided that: ‘‘The amendments made by Page 1365 TITLE 15—COMMERCE AND TRADE § 1261 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 effec- tive on Oct. 21, 1972, and continuation in effect of sub- chapter I of chapter 6 of title 7, and regulations there- under, 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 stand- ards 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 Pub. L. 91–113, § 5, Nov. 6, 1969, 83 Stat. 190, 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, § 17, formerly § 16, July 12, 1960, 74 Stat. 380, renumbered Pub. L. 91–113, § 4(a), Nov. 6, 1969, 83 Stat. 189, and amended by Pub. L. 110–314, title II, § 204(b)(4)(B), Aug. 14, 2008, 122 Stat. 3041, 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 con- demnation 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 pe- riod or periods, ending not more than eighteen months after the month of enactment of this Act [July 1960], as the Commission may prescribe on the basis of a finding that conditions exist which neces- sitate the prescribing of such additional period or pe- riods: Provided, That the Commission 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 pack- ages thereof.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–267, § 1, June 16, 1994, 108 Stat. 722, pro- vided 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, § 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 Pub. L. 91–113, § 1, Nov. 6, 1969, 83 Stat. 187, provided that: ‘‘This Act [enacting section 1274 of this title, amending this section and section 1262 of this title, en- acting 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 Pub. L. 89–756, § 1, Nov. 3, 1966, 80 Stat. 1303, 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 sec- tion] may be cited as the ‘Child Protection Act of 1966’.’’ SHORT TITLE Pub. L. 86–613, § 1, July 12, 1960, 74 Stat. 372, as amend- ed by Pub. L. 89–756, § 5, Nov. 3, 1966, 80 Stat. 1305, pro- vided: ‘‘This Act [enacting this chapter, repealing sec- tions 401 to 411 of this title, and enacting notes set out under this section] may be cited as the ‘Federal Haz- ardous Substances Act’.’’ SEPARABILITY Pub. L. 86–613, § 16, formerly § 15, July 12, 1960, 74 Stat. 380, renumbered Pub. L. 91–113, § 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 appli- cability 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.’’ TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Func- tions notes set out under those sections. EFFECT UPON FEDERAL AND STATE LAW Pub. L. 86–613, § 18, formerly § 17, July 12, 1960, 74 Stat. 380, as amended by Pub. L. 89–756, § 4(a), Nov. 3, 1966, 80 Stat. 1305; renumbered and amended by Pub. L. 91–113, § 4(a), (b)(1), Nov. 6, 1969, 83 Stat. 189, 190; Pub. L. 94–284, § 17(a), May 11, 1976, 90 Stat. 510; Pub. L. 110–314, title II, § 204(b)(4)(J), Aug. 14, 2008, 122 Stat. 3042, provided that: ‘‘(a) Nothing in this act [enacting this chapter and re- pealing sections 401 to 411 of this title] shall be con- strued to modify or affect the provisions of the Flam- mable 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 Com- merce Act, as amended [section 31502 of Title 49, Trans- portation] (relating to the transportation of dangerous substances and explosives by surface carriers); or of section 1716, title 18, United States Code, or any regula- tions promulgated thereunder (relating to mailing of dangerous substances); or of section 902 [section 1472 of former Title 49] or regulations promulgated under sec- tion 601 of the Federal Aviation Act of 1958 [section 1421 of former Title 49] (relating to transportation of dan- gerous 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 Serv- ice 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, Agri- culture]; 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 pur- poses’, 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 po- litical 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 Page 1366 TITLE 15—COMMERCE AND TRADE § 1262 cautionary labeling requirement is identical to the la- beling 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 haz- ardous 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 estab- lish and continue in effect a requirement applicable to a hazardous substance for its own use (or to the pack- aging of such a substance) which requirement is de- signed to protect against a risk of illness or injury as- sociated with such substance and which is not identical to a requirement described in paragraph (1) applicable to such substance (or packaging) and designed to pro- tect 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 sub- division of a State, the Commission may, by regulation promulgated in accordance with subparagraph (B), ex- empt 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 haz- ardous substance if— ‘‘(i) compliance with the requirement would not cause the hazardous substance (or its packaging) to be in violation of the applicable requirement de- scribed in paragraph (1), and ‘‘(ii) the State or political subdivision requirement (I) provides a significantly higher degree of protec- tion from such risk of illness or injury than the re- quirement described in paragraph (1), and (II) does not unduly burden interstate commerce. In determining the burden, if any, of a State or polit- ical 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 com- plying with such requirement, the geographic distribu- tion of the substance to which the requirement would apply, the probability of other States or political sub- divisions applying for an exemption under this para- graph for a similar requirement, and the need for a na- tional, uniform requirement under this Act [this chap- ter] for such substance (or its packaging). ‘‘(B) A regulation under subparagraph (A) granting an exemption for a requirement of a State or political sub- division of a State may be promulgated by the Commis- sion only after it has provided, in accordance with sec- tion 553(b) of title 5, United States Code, notice with re- spect 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.’’ [The provisions of section 18 of Pub. L. 86–613, set out above, establishing the extent to which the Federal Hazardous Substances Act [see Short Title note above] preempts, limits, or otherwise affects any other Fed- eral, State, or local law, any rule, procedure, or regula- tion, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or reg- ulation under the Federal Hazardous Substances Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associ- ated with the publication of any such rule or regula- tion, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.] SMALL BALLS AS BANNED HAZARDOUS SUBSTANCES Pub. L. 103–267, title I, § 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, effec- tive 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.] § 1262. Declaration of hazardous substances (a) Rulemaking (1) In general Whenever in the judgment of the Commis- sion such action will promote the objectives of this chapter by avoiding or resolving uncer- tainty 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. (2) Procedure 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 be gov- erned by the provisions of subsections (f) through (i) of this section. (b) Reasonable variations or additional label re- quirements 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 safe- ty in view of the special hazard presented by any particular hazardous substance, it may by regu- lation establish such reasonable variations or additional label requirements as it finds nec- essary 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 con- tained therein, or for other good and sufficient reasons, full compliance with the labeling re- quirements 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 regula- tions exempting such substance from these re-