15 U.S.C. § 1262 — Declaration of hazardous substances

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- Page 1367 TITLE 15—COMMERCE AND TRADE § 1262 1 So in original. Probably should be ‘‘it’’. 2 So in original. Probably should be ‘‘Commission’s’’. quirements to the extent it determines to be consistent with adequate protection of the pub- lic health and safety. (d) Exemption from requirements of this chapter of substances or containers adequately regu- lated by other provisions of law The Commission may exempt from the re- quirements established by or pursuant to this chapter any hazardous substance or container of a hazardous substance with respect to which it finds that adequate requirements satisfying the purposes of this chapter have been established by or pursuant to any other Act of Congress. (e) Regulation of toys or articles intended for use by children (1) A determination by the Commission that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made by regulation in accord- ance with the procedures prescribed by section 553 (other than clause (B) of the last sentence of subsection (b) of such section) of title 5 unless the Commission elects the procedures prescribed by subsection (e) of section 371 of title 21, in which event such subsection and subsections (f) and (g) of such section 371 of title 21 shall apply to the making of such determination. If the Commission makes such election, it shall pub- lish that fact with the proposal required to be published under paragraph (1) of such subsection (e). (2) If, before or during a proceeding pursuant to paragraph (1) of this subsection, the Commis- sion finds that, because of an electrical, me- chanical, or thermal hazard, distribution of the toy or other article involved presents an immi- nent hazard to the public health and it, by order published in the Federal Register, gives notice of such finding, such toy or other article shall be deemed to be a banned hazardous substance for purposes of this chapter until the proceeding has been completed. If not yet initiated when such order is published, such a proceeding shall be initiated as promptly as possible. (3)(A) In the case of any toy or other article intended for use by children which is determined by the Commission, in accordance with section 553 of title 5, to present an electrical, mechan- ical, or thermal hazard, any person who will be adversely affected by such a determination may, at any time prior to the 60th day after the regu- lation making such determination is issued by the Commission, file a petition with the United States Court of Appeals for the circuit in which such person resides or has his principal place of business for a judicial review of such determina- tion. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by him 1 for that purpose. The Commission shall file in the court the record of the proceedings on which the Commission based its determination, as pro- vided in section 2112 of title 28. (B) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such addi- tional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evi- dence in rebuttal thereof) to be taken before the Commission in a hearing or in such other man- ner, and upon such terms and conditions, as to the court may seem proper. The Commission may modify its findings as to the facts, or make new findings, by reason of the additional evi- dence so taken, and it shall file such modified or new findings, and its recommendation, if any, for the modification or setting aside of its origi- nal determination, with the return of such addi- tional evidence. (C) Upon the filing of the petition under this paragraph, the court shall have jurisdiction to review the determination of the Commission in accordance with subparagraphs (A), (B), (C), and (D) of paragraph (2) of the second sentence of section 706 of title 5. If the court ordered addi- tional evidence to be taken under subparagraph (B) of this paragraph, the court shall also review the Secretary’s 2 determination to determine if, on the basis of the entire record before the court pursuant to subparagraphs (A) and (B) of this paragraph, it is supported by substantial evi- dence. If the court finds the determination is not so supported, the court may set it aside. With respect to any determination reviewed under this paragraph, the court may grant ap- propriate relief pending conclusion of the review proceedings, as provided in section 705 of title 5. (D) The judgment of the court affirming or setting aside, in whole or in part, any such de- termination of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28. (f) Commencement of proceeding for promulga- tion of regulation; notice A proceeding for the promulgation of a regula- tion under section 1261(q)(1) of this title classifying an article or substance as a banned hazardous substance or a regulation under sub- section (e) of this section may be commenced by the publication in the Federal Register of an ad- vance notice of proposed rulemaking which shall— (1) identify the article or substance and the nature of the risk of injury associated with the article or substance; (2) include a summary of each of the regu- latory alternatives under consideration by the Commission (including voluntary standards); (3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, to- gether with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately re- duce the risk of injury identified in paragraph (1); (4) invite interested persons to submit to the Commission, within such period as the Com- mission shall specify in the notice (which pe- riod shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the Page 1368 TITLE 15—COMMERCE AND TRADE § 1262 regulatory alternatives being considered, and other possible alternatives for addressing the risk; (5) invite any person (other than the Com- mission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the no- tice), an existing standard or a portion of a standard as a proposed regulation under sec- tion 1261(q)(1) of this title or subsection (e) of this section; and (6) invite any person (other than the Com- mission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the no- tice), a statement of intention to modify or develop a voluntary standard to address the risk of injury identified in paragraph (1) to- gether with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Com- merce of the House of Representatives. (g) Publication of standard; termination of pro- ceeding for promulgation of regulation; mon- itoring of compliance (1) If the Commission determines that any standard submitted to it in response to an invi- tation in a notice published under subsection (f)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a stand- ard) as a regulation under section 1261(q)(1) of this title or subsection (e) of this section, as the case may be, would eliminate or adequately re- duce the risk of injury identified in a notice pro- vided under subsection (f)(1), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed regulation under such section or subsection. (2) If the Commission determines that— (A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (f)(6) is likely to result in the elimination or adequate reduc- tion of the risk of injury identified in the no- tice, and (B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a regulation under section 1261(q)(1) of this title or subsection (e) of this section, respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commis- sion will rely on the voluntary standard to eliminate or reduce the risk of injury, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary stand- ard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, ir- respective of the effective date of the standard. Before relying upon any voluntary standard, the Commission shall afford interested persons (in- cluding manufacturers, consumers, and con- sumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regard- ing reliance on the involved voluntary standard under this subsection. (3) The Commission shall devise procedures to monitor compliance with any voluntary stand- ards— (A) upon which the Commission has relied under paragraph (2) of this subsection; (B) which were developed with the participa- tion of the Commission; or (C) whose development the Commission has monitored. (h) Publication of proposed rule together with preliminary regulatory analysis No regulation under section 1261(q)(1) of this title classifying an article or substance as a banned hazardous substance and no regulation under subsection (e) of this section may be pro- posed by the Commission unless the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, to- gether with a preliminary regulatory analysis containing— (1) a preliminary description of the potential benefits and potential costs of the proposed regulation, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; (2) a discussion of the reasons any standard or portion of a standard submitted to the Com- mission under subsection (f)(5) was not pub- lished by the Commission as the proposed reg- ulation or part of the proposed regulation; (3) a discussion of the reasons for the Com- mission’s preliminary determination that ef- forts proposed under subsection (f)(6) and as- sisted by the Commission as required by sec- tion 2054(a)(3) of this title would not, within a reasonable period of time, be likely to result in the development of a voluntary standard that would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (f)(1); and (4) a description of any reasonable alter- natives to the proposed regulation, together with a summary description of their potential costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed regulation. The Commission shall transmit such notice within 10 calendar days to the appropriate Con- gressional committees. Nothing in this sub- section shall preclude any person from submit- ting an existing standard or portion of a stand- ard as a proposed regulation. (i) Publication of final regulatory analysis with regulation; required findings; judicial review (1) The Commission shall not promulgate a regulation under section 1261(q)(1) of this title Page 1369 TITLE 15—COMMERCE AND TRADE § 1262 classifying an article or substance as a banned hazardous substance or a regulation under sub- section (e) of this section unless it has prepared a final regulatory analysis of the regulation containing the following information: (A) A description of the potential benefits and potential costs of the regulation, includ- ing costs and benefits that cannot be quan- tified in monetary terms, and the identifica- tion of those likely to receive the benefits and bear the costs. (B) A description of any alternatives to the final regulation which were considered by the Commission, together with a summary de- scription of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. (C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the pre- liminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regu- latory analysis with the regulation. (2) The Commission shall not promulgate a regulation under section 1261(q)(1) of this title classifying an article or substance as a banned hazardous substance or a regulation under sub- section (e) of this section unless it finds (and in- cludes such finding in the regulation)— (A) in the case of a regulation which relates to a risk of injury with respect to which per- sons who would be subject to such regulation have adopted and implemented a voluntary standard, that— (i) compliance with such voluntary stand- ard is not likely to result in the elimination or adequate reduction of such risk of injury; or (ii) it is unlikely that there will be sub- stantial compliance with such voluntary standard; (B) that the benefits expected from the regu- lation bear a reasonable relationship to its costs; and (C) that the regulation imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the regulation is being promulgated. (3)(A) Any regulatory analysis prepared under subsection (h) or paragraph (1) shall not be sub- ject to independent judicial review, except that when an action for judicial review of a regula- tion is instituted, the contents of any such regu- latory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. (B) The provisions of subparagraph (A) shall not be construed to alter the substantive or pro- cedural standards otherwise applicable to judi- cial review of any action by the Commission. (j) Petition to initiate rulemaking The Commission shall grant, in whole or in part, or deny any petition under section 553(e) of title 5 requesting the Commission to initiate a rulemaking, within a reasonable time after the date on which such petition is filed. The Com- mission shall state the reasons for granting or denying such petition. The Commission may not deny any such petition on the basis of a vol- untary standard unless the voluntary standard is in existence at the time of the denial of the petition, the Commission has determined that the voluntary standard is likely to result in the elimination or adequate reduction of the risk of injury identified in the petition, and it is likely that there will be substantial compliance with the standard. (Pub. L. 86–613, § 3, July 12, 1960, 74 Stat. 374; Pub. L. 89–756, § 2(d), (e), Nov. 3, 1966, 80 Stat. 1303, 1304; Pub. L. 91–113, § 2(b), Nov. 6, 1969, 83 Stat. 187; Pub. L. 97–35, title XII, § 1203(b)(1), Aug. 13, 1981, 95 Stat. 708; Pub. L. 101–608, title I, §§ 107(b), 108(b), 110(b), Nov. 16, 1990, 104 Stat. 3112, 3113; Pub. L. 110–314, title II, § 204(b)(1), (3), (4)(B), (D), Aug. 14, 2008, 122 Stat. 3041, 3042.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–314, § 204(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized the Commission to declare hazardous sub- stances by regulation and detailed proceedings for the issuance, amendment, or repeal of such regulations. Subsecs. (b) to (e). Pub. L. 110–314, § 204(b)(4)(D), sub- stituted ‘‘it’’ for ‘‘he’’ and ‘‘its’’ for ‘‘his’’ wherever ap- pearing in reference to the Secretary of Health, Edu- cation, and Welfare. Pub. L. 110–314, § 204(b)(4)(B), substituted ‘‘Commis- sion’’ for ‘‘Secretary’’ wherever appearing. Subsec. (f). Pub. L. 110–314, § 204(b)(3)(A), substituted ‘‘may be commenced’’ for ‘‘shall be commenced’’ in in- troductory provisions. Subsec. (g)(1). Pub. L. 110–314, § 204(b)(3)(B), sub- stituted ‘‘identified in a notice’’ for ‘‘identified in the notice’’. Subsec. (h). Pub. L. 110–314, § 204(b)(3)(C), (D), in intro- ductory provisions, substituted ‘‘unless the’’ for ‘‘un- less, not less than 60 days after publication of the no- tice required in subsection (f) of this section, the’’ and in concluding provisions, substituted ‘‘appropriate Con- gressional committees. Nothing in this subsection shall preclude any person from submitting an existing stand- ard or portion of a standard as a proposed regulation.’’ for ‘‘Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Energy and Commerce of the House of Representatives.’’ 1990—Subsec. (g)(2). Pub. L. 101–608, § 108(b), struck out period at end and inserted ‘‘, except that the Com- mission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary stand- ard is in existence. For purposes of this section, a vol- untary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary standard, the Commission shall afford interested persons (including manufacturers, con- sumers, and consumer organizations) a reasonable op- portunity to submit written comments regarding such standard. The Commission shall consider such com- ments in making any determination regarding reliance on the involved voluntary standard under this sub- section.’’ Subsec. (g)(3). Pub. L. 101–608, § 107(b), added par. (3). Subsec. (j). Pub. L. 101–608, § 110(b), added subsec. (j). 1981—Subsecs. (f) to (i). Pub. L. 97–35 added subsecs. (f) to (i). 1969—Subsec. (e). Pub. L. 91–113 added subsec. (e). 1966—Subsec. (b). Pub. L. 89–756, § 2(d), substituted ‘‘any such hazardous substance intended, or packaged in a form suitable, for use in the household or by chil- dren, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded Page 1370 TITLE 15—COMMERCE AND TRADE § 1263 hazardous substance’’ for ‘‘any container of such haz- ardous substance, intended or suitable for household use, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded pack- age of a hazardous substance’’. Subsec. (d). Pub. L. 89–756, § 2(e), inserted ‘‘hazardous substance or’’ before ‘‘container of a hazardous sub- stance’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 47 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–113 effective on sixtieth day following Nov. 6, 1969, see section 5 of Pub. L. 91–113, set out as a note under section 1261 of this title. NATIONAL COMMISSION ON PRODUCT SAFETY Pub. L. 90–146, Nov. 20, 1967, 81 Stat. 466, as amended by Pub. L. 91–51, Aug. 4, 1969, 83 Stat. 86, established a National Commission on Product Safety to study and investigate the scope and adequacy of measures to pro- tect consumers against unreasonable risk of injuries which may be caused by hazardous household products and required the Commission to transmit its final re- port to the President and to the Congress by June 30, 1970. Ninety days after submission of its final report the Commission ceased to exist by the express terms of Pub. L. 90–146. § 1263. Prohibited acts The following acts and the causing thereof are prohibited: (a) The introduction or delivery for introduc- tion into interstate commerce of any mis- branded hazardous substance or banned haz- ardous substance. (b) The alteration, mutilation, destruction, obliteration, or removal 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 ship- ment in interstate commerce, and results in the hazardous substance being a misbranded haz- ardous substance or banned hazardous sub- stance. (c) The receipt in interstate commerce of any misbranded hazardous substance or banned haz- ardous substance and the delivery or proffered delivery thereof for pay or otherwise. (d) The giving of a guarantee or undertaking referred to in section 1264(b)(2) of this title which guarantee or undertaking is false, except by a person who relied upon a guarantee or un- dertaking to the same effect signed by, and con- taining the name and address of, the person re- siding in the United States from whom he re- ceived in good faith the hazardous substance. (e) The failure to permit entry or inspection as authorized by section 1270(b) of this title or to permit access to and copying of any record as authorized by section 1271 of this title. (f) The introduction or delivery for introduc- tion into interstate commerce, or the receipt in interstate commerce and subsequent delivery or proffered delivery for pay or otherwise, of a haz- ardous substance in a reused food, drug, or cos- metic 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 a misbranded hazardous substance. As used in this paragraph, the terms ‘‘food’’, ‘‘drug’’, and ‘‘cos- metic’’ shall have the same meanings as in the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. (g) The manufacture of a misbranded haz- ardous substance or banned 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 advan- tage, or revealing other than to the Commission or officers or employees of the Commission, or to the courts when relevant in any judicial pro- ceeding under this chapter, of any information acquired under authority of section 1270 of this title concerning any method of process which as a trade secret is entitled to protection. (i) The failure to notify the Commission with respect to exports, pursuant to section 1273(d) of this title. (j) The failure to comply with an order issued under section 1274 of this title. (k) The introduction or delivery for introduc- tion into interstate commerce of any lead solder which has a lead content in excess of 0.2 percent which does not prominently display a warning label stating the lead content of the solder and warning that the use of such solder in the mak- ing of joints or fittings in any private or public potable water supply system is prohibited. (Pub. L. 86–613, § 4, July 12, 1960, 74 Stat. 375; Pub. L. 89–756, §§ 2(f), 3(b), Nov. 3, 1966, 80 Stat. 1304, 1305; Pub. L. 95–631, § 7(a), Nov. 10, 1978, 92 Stat. 3745; Pub. L. 97–35, title XII, § 1211(f)(2), Aug. 13, 1981, 95 Stat. 723; Pub. L. 99–339, title I, § 109(d)(2), June 19, 1986, 100 Stat. 653; Pub. L. 110–314, title II, § 204(b)(4)(B), (C), (H), Aug. 14, 2008, 122 Stat. 3041, 3042.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (f), 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. AMENDMENTS 2008—Subsec. (h). Pub. L. 110–314, § 204(b)(4)(B), (C), substituted ‘‘Commission or officers or employees of