15 U.S.C. § 2057b — Banning of isopropal nitrite and other

Page 1726 TITLE 15—COMMERCE AND TRADE § 2057b purpose approved under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. (c) Definitions For purposes of this section: (1) The term ‘‘butyl nitrite’’ includes n-butyl nitrite, isobutyl nitrite, secondary butyl ni- trite, tertiary butyl nitrite, and mixtures con- taining these chemicals. (2) The term ‘‘commercial purpose’’ means any commercial purpose other than for the production of consumer products containing butyl nitrite that may be used for inhaling or otherwise introducing butyl nitrite into the human body for euphoric or physical effects. (d) Effective date This section shall take effect 90 days after No- vember 18, 1988. (Pub. L. 100–690, title II, § 2404, Nov. 18, 1988, 102 Stat. 4231.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), 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. CODIFICATION Section was enacted as part of the Anti-Drug Abuse Act of 1988, and not as part of the Consumer Product Safety Act which comprises this chapter. § 2057b. Banning of isopropal nitrite and other nitrites (a) In general Except as provided in subsection (b), volatile alkyl nitrite shall be considered a banned haz- ardous product under section 2057 of this title. (b) Lawful purposes For the purposes of section 2057 of this title, it shall not be unlawful for any person to manufac- ture for sale, offer for sale, distribute in com- merce, or import into the United States volatile alkyl nitrites for any commercial purpose or any other purpose approved under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. (c) ‘‘Commercial purpose’’ defined For purposes of this section, the term ‘‘com- mercial purpose’’ means any commercial pur- pose other than for the production of consumer products containing volatile alkyl nitrites that may be used for inhaling or otherwise intro- ducing volatile alkyl nitrites into the human body for euphoric or physical effects. (d) Effective date This section shall take effect 90 days after No- vember 29, 1990. (Pub. L. 101–647, title XXXII, § 3202, Nov. 29, 1990, 104 Stat. 4917.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), 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. CODIFICATION Section was enacted as part of the Crime Control Act of 1990, and not as part of the Consumer Product Safety Act which comprises this chapter. § 2057c. Prohibition on sale of certain products containing specified phthalates (a) Prohibition on the sale of certain products containing phthalates Beginning on the date that is 180 days after August 14, 2008, it shall be unlawful for any per- son to manufacture for sale, offer for sale, dis- tribute in commerce, or import into the United States any children’s toy or child care article that contains concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthal- ate (BBP). (b) Prohibition on the sale of additional products containing certain phthalates (1) Interim prohibition Beginning on the date that is 180 days after August 14, 2008, and until a final rule is pro- mulgated under paragraph (3), it shall be un- lawful for any person to manufacture for sale, offer for sale, distribute in commerce, or im- port into the United States any children’s toy that can be placed in a child’s mouth or child care article that contains concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n- octyl phthalate (DnOP). (2) Chronic Hazard Advisory Panel (A) Appointment Not earlier than 180 days after August 14, 2008, the Commission shall begin the process of appointing a Chronic Hazard Advisory Panel pursuant to the procedures of section 28 of the Consumer Product Safety Act (15 U.S.C. 2077) to study the effects on children’s health of all phthalates and phthalate alter- natives as used in children’s toys and child care articles. (B) Examination The panel shall, within 18 months after its appointment under subparagraph (A), com- plete an examination of the full range of phthalates that are used in products for chil- dren and shall— (i) examine all of the potential health ef- fects (including endocrine disrupting ef- fects) of the full range of phthalates; (ii) consider the potential health effects of each of these phthalates both in isola- tion and in combination with other phthalates; (iii) examine the likely levels of chil- dren’s, pregnant women’s, and others’ ex- posure to phthalates, based on a reason- able estimation of normal and foreseeable use and abuse of such products; (iv) consider the cumulative effect of total exposure to phthalates, both from