15 U.S.C. § 1276 — Congressional veto of hazardous sub-

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 from their homes or regular places of busi- ness, such members may be allowed travel ex- penses, including per diem in lieu of subsistence, in the same manner as persons employed inter- mittently in the Government service are al- lowed under section 5703(b) 1 of such title. Indi- viduals serving as members on the Board shall not be considered officers or employees of the United States by reason of receiving payments under this paragraph. (c) Termination The Board shall terminate on the date six years after the date it is established under this section. (Pub. L. 86–613, § 20, as added Pub. L. 95–631, § 10, Nov. 10, 1978, 92 Stat. 3747; amended Pub. L. 110–314, title II, § 204(b)(4)(H), (I), Aug. 14, 2008, 122 Stat. 3042.) Editorial Notes REFERENCES IN TEXT Section 5703 of title 5, referred to in subsec. (b)(5), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). AMENDMENTS 2008—Subsec. (a)(1). Pub. L. 110–314 substituted ‘‘Com- mission’’ for ‘‘Consumer Product Safety Commission’’ after ‘‘November 10, 1978, the’’ and struck out ‘‘(herein- after in this section referred to as the ‘Commission’)’’ immediately thereafter. Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 1276. Congressional veto of hazardous sub- stances regulations (a) Transmission to Congress The Commission shall transmit to the Sec- retary of the Senate and the Clerk of the House of Representatives a copy of any regulation pro- mulgated by the Commission under section 1261(q)(1) of this title or subsection (e) of section 1262 of this title. (b) Disapproval by concurrent resolution Any regulation specified in subsection (a) shall not take effect if— (1) within the ninety calendar days of con- tinuous session of the Congress which occur after the date of the promulgation of such reg- ulation, both Houses of the Congress adopt a concurrent resolution, the matter after the re- solving 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 contin- uous session of the Congress which occur after the date of the promulgation of such regula- tion, one House of the Congress adopts such concurrent resolution and transmits such res- olution 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 contin- uous session of the Congress specified in sub- section (b). Page 1380 TITLE 15—COMMERCE AND TRADE § 1277 (Pub. L. 86–613, § 21, as added Pub. L. 97–35, title XII, § 1207(c), Aug. 13, 1981, 95 Stat. 718; amended Pub. L. 110–314, title II, § 204(b)(4)(H), Aug. 14, 2008, 122 Stat. 3042.) Editorial Notes REFERENCES IN TEXT The Federal Hazardous Substances Act, referred to in subsec. (b), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables. AMENDMENTS 2008—Pub. L. 110–314, which directed the substitution of ‘‘Commission’’ for ‘‘Consumer Product Safety Com- mission’’ in this section, was executed by making the substitution in subsec. (a), before ‘‘shall transmit’’, but not in subsec. (b)(1), to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to consumer product safety rules under chapter 47 of this title and regula- tions under this chapter and chapter 25 of this title pro- mulgated after Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 2052 of this title. § 1277. Labeling of art materials (a) Regulation status of standard D–4236 of American Society for Testing and Materials On and after the last day of the 2-year period beginning on November 18, 1988, the require- ments for the labeling of art materials set forth in the version of the standard of the American Society for Testing and Materials designated D–4236 that is in effect on November 18, 1988, and as modified by subsection (b) shall be deemed to be a regulation issued by the Commission under section 1262(b) of this title. (b) Requirements applicable to standard D–4236 The following shall apply with respect to the standard of the American Society for Testing and Materials referred to in subsection (a): (1) The term ‘‘art material or art material product’’ shall mean any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any me- dium. The term does not include economic poi- sons subject to the Federal Insecticide, Fun- gicide, and Rodenticide Act [7 U.S.C. 136 et seq.] or drugs, devices, or cosmetics subject to the Federal Food, Drug, and Cosmetics Act [21 U.S.C. 301 et seq.]. (2) The standard referred to in subsection (a) as modified by this subsection applies to art materials intended for users of any age. (3) Each producer or repackager of art mate- rials shall describe in writing the criteria used to determine whether an art material has the potential for producing chronic adverse health effects. Each producer or repackager shall be responsible for submitting to the Commission these criteria and a list of art materials that require hazard warning labels under this sec- tion. (4) Upon the request of the Commission, a producer or repackager of art materials shall submit to the Commission product formula- tions and the criteria used to determine whether the art material or its ingredients have the potential for producing chronic ad- verse health effects. (5) All art materials that require chronic hazard labeling pursuant to this section must include on the label the name and address of the producer or repackager of the art mate- rials and an appropriate telephone number and a statement signifying that such art materials are inappropriate for use by children. (6) If an art material producer or repackager becomes newly aware of any significant infor- mation regarding the hazards of an art mate- rial or ways to protect against the hazard, this new information must be incorporated into the labels of such art materials that are man- ufactured after 12 months from the date of dis- covery. If a producer or repackager reformu- lates an art material, the new formulation must be evaluated and labeled in accordance with the standard referred to in subsection (a) as modified by this subsection. (7) If the Commission determines that an art material in a container equal to or smaller than one fluid ounce (30 ml) (if the product is sold by volume) or one ounce net weight (28 g) (if the product is sold by weight) has the po- tential for producing chronic adverse health effects with customary or reasonably foresee- able use despite its small size, the Commission may require the art material to carry a label which conveys all the information required under the standard referred to in subsection (a) as modified by this subsection for art ma- terials in a container greater than one fluid ounce or one ounce net weight. If the informa- tion cannot fit on the package label, the Com- mission shall require the art material to have a package insert which conveys all this infor- mation. If the art material has a package in- sert, the label on the product shall include a signal word in conformance with paragraph 5 of the standard referred to in subsection (a), a list of potentially harmful or sensitizing com- ponents, and the statement ‘‘see package in- sert before use’’. For purposes of this sub- section, the term ‘‘package insert’’ means a display of written, printed, or graphic matter upon a leaflet or suitable material accom- panying the art material. This requirement is in addition to, and is not meant to supersede, the requirement of paragraph 5.8 of the stand- ard designated D–4236. (8) In determining whether an art material has the potential for producing chronic ad- verse health effects, including carcinogenicity and potential carcinogenicity, a toxicologist shall take into account opinions of various regulatory agencies and scientific bodies. (c) Revisions incorporated into standard D–4236; notice and hearing; amendment; opportunity for comment; transcript of proceedings If the Commission determines that a revision proposed by the American Society for Testing and Materials is in the public interest, it shall incorporate the revision into the standard re-