§ 1261. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1261]
TITLE 15--COMMERCE AND TRADE
CHAPTER 30--HAZARDOUS SUBSTANCES
Sec. 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) Omitted
(d) The term ``Commission'' means the Consumer Product Safety
Commission.
(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
substances 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, 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 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 regulation determines, in accordance with section
1262(e) of this title, presents an electrical, mechanical, 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
cosmetics subject to the Federal Food, Drug, and Cosmetic Act [21
U.S.C. 301 et seq.], nor to substances intended for use as fuels
when stored in containers and used in the heating, cooking, 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 paragraph (1) of this subsection by reason of
bearing or containing such a pesticide.
(3) The term ``hazardous substance'' shall not include any
source material, special nuclear material, or byproduct material as
defined in the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011
et seq.], and regulations issued pursuant thereto by the Atomic
Energy Commission.
(g) The term ``toxic'' shall apply to any substance (other than a
radioactive substance) which has the capacity to produce personal injury
or illness to man through ingestion, inhalation, or absorption through
any body surface.
(h)(1) The term ``highly toxic'' means any substance 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 between two hundred and three
hundred grams, at a single dose of fifty milligrams or less per kilogram
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 inhaled 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 volume or
less of mist or dust, provided such concentration 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 continuous 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 indicate results different from those obtained on
animals in the above-named dosages or concentrations, the human data
shall take precedence.
(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 subparagraph (i) of this section which on immediate,
prolonged, or repeated contact with normal living tissue will induce a
local inflammatory reaction.
(k) The term ``strong sensitizer'' means a substance which will
cause on normal living tissue through an allergic or photodynamic
process a hypersensitivity which becomes evident on reapplication 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 frequency of occurrence and severity of the
reaction, shall find that the substance has a significant 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 flammability or combustibility
characteristics of any such substance shall also be specified in such
regulations.
(3) In establishing definitions and test methods related to
flammability and combustibility, the Commission shall consider the
existing definitions and test methods of other Federal agencies involved
in the regulation of flammable and combustible substances in storage,
transportation and use; and to the extent possible, shall establish
compatible definitions and test methods.
(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 including 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 written, printed, or
graphic matter upon the immediate container of any substance or, in the
case of an article which is unpackaged or is not packaged in an
immediate container intended or suitable for delivery to the ultimate
consumer, a display of such matter directly upon the article involved or
upon a tag or other suitable material 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 information also
appears (1) on the outside container 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 substance'' means a hazardous
substance (including a toy, or other article intended for use by
children, which is a hazardous substance, or which 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 section 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
contributes 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 substances; (E) an
affirmative statement of the principal hazard or hazards, such as
``Flammable'', ``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 modified 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 hazardous substance which is defined as ``highly
toxic'' by subsection (h) of this section; (I) instructions for
handling and storage of packages which require 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 printed matter on the label.
The term ``misbranded hazardous substance'' also includes a household
substance as defined in section 1471(2)(d) of this title if it is a
substance 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 substance in such
manner as to be susceptible of access by a child to whom such toy or
other article is entrusted; or (B) any hazardous substance intended, or
packaged in a form suitable, for use in the household, which the
Commission by regulation classifies as a ``banned hazardous substance''
on the basis of a finding that, notwithstanding such cautionary labeling
as is or may be required under this chapter for that substance, the
degree or nature of the hazard involved 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 substance, 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 functional purpose require the
inclusion of the hazardous substance involved or necessarily present an
electrical, mechanical, or thermal hazard, and which bear labeling
giving adequate directions 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
fountains, whistles without report, and sparklers) to the extent that it
determines that such articles can be adequately labeled to protect the
purchasers and users thereof.
(2) 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 the Commission finds that the distribution
for household use of the hazardous substance 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 subjected to reasonably foreseeable damage or
abuse, its design or manufacture may cause personal 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 unreasonable 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 of insufficiency of controls to reduce or stop motion, (6) as a
result of self-adhering characteristics of the article, (7) because the
article (or any part or accessory thereof) may be aspirated or ingested,
(8) because of instability, or (9) because 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 subjected to reasonably foreseeable damage or abuse,
its design or manufacture presents an unreasonable risk of personal
injury or illness because of heat as from heated parts, substances, or
surfaces.
(Pub. L. 86-613, Sec. 2, July 12, 1960, 74 Stat. 372; Pub. L. 89-756,
Secs. 2(a)-(c), 3(a), Nov. 3, 1966, 80 Stat. 1303, 1304; Pub. L. 91-113,
Secs. 2(a), (c), (d), 3, Nov. 6, 1969, 83 Stat. 187-189; Pub. L. 91-601,
Sec. 6(a), formerly Sec. 7(a), Dec. 30, 1970, 84 Stat. 1673, renumbered
Pub. L. 97-35, title XII, Sec. 1205(c), Aug. 13, 1981, 95 Stat. 716;
Pub. L. 92-516, Sec. 3(1), Oct. 21, 1972, 86 Stat. 998; Pub. L. 92-573,
Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94-284, Sec. 3(c), May
11, 1976, 90 Stat. 503; Pub. L. 95-631, Sec. 9, Nov. 10, 1978, 92 Stat.
3747; Pub. L. 99-339, title I, Sec. 109(d)(1), June 19, 1986, 100 Stat.
653.)
References in Text
This chapter, referred to in text, was in the original ``this Act'',
meaning Pub. L. 86-613. For complete classification 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 subchapter II (Sec. 136 et seq.) of chapter 6 of Title 7,
Agriculture. 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, as amended, which
is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21,
Food and Drugs. For complete classification 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, Sec. 1, 68 Stat. 921, and amended, which is classified generally
to chapter 23 (Sec. 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.
Codification
Subsec. (c), which read ``The term `Department' means the Department
of Health, Education, and Welfare'' has been omitted from the Code in
view of the transfer of functions of the Secretary of Health, Education,
and Welfare under this chapter to the Consumer Product Safety Commission
pursuant to section 30(a) of Pub. L. 92-573 which is classified to
section 2079(a) of this title.
Amendments
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; incorporated 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 tobacco and
tobacco products,'' after ``or refrigeration system of a house''.
1972--Subsec. (f)(2). Pub. L. 92-516 substituted ``pesticides'' 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 substance 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, Sec. 3(a), inserted ``or
combustible'' after ``is flammable''.
Subsec. (f)(1)(D). Pub. L. 91-113, Sec. 2(a), added subsec.
(f)(1)(D).
Subsec. (l). Pub. L. 91-113, Sec. 3(b), inserted definition of term
``combustible'' and expanded references to ``flammability'' and
``flammable'' to include ``combustibility'' and ``combustible'',
respectively.
Subsec. (p)(1)(E). Pub. L. 91-113, Sec. 3(c), inserted
``Combustible'' 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, Sec. 2(c), inserted ``or necessarily
present an electrical, mechanical, or thermal hazard'' after ``hazardous
substance involved''.
Subsecs. (r) to (t). Pub. L. 91-113, Sec. 2(d), added subsecs. (r)
to (t).
1966--Subsec. (f). Pub. L. 89-756, Sec. 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, Sec. 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 display of written, printed or graphic matter directly upon
the article involved or upon a tag or other suitable material affixed
thereto.
Subsec. (p). Pub. L. 89-756, Sec. 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 articles intended for use by children, which are hazardous
substances, or which bear or contain hazardous substances when
susceptible of access by children, and in par. (1), clause (J) inserted
further category of ``misbranded hazardous substance'' where the article
is intended for use by children and is not a banned hazardous substance
and fails to bear a label with adequate directions for the protection of
children from the hazard.
Subsec. (q). Pub. L. 89-756, Sec. 3(a), added subsec. (q).
Effective Date of 1986 Amendment
Section 109(d)(3) of Pub. L. 99-339 provided that: ``The amendments
made by 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 effective on Oct. 21, 1972, and continuation in
effect of subchapter I of chapter 6 of title 7, and regulations
thereunder, 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 standards 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
Section 5 of Pub. L. 91-113 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, Sec. 17, formerly Sec. 16, July 12, 1960, 74 Stat.
380, renumbered Pub. L. 91-113, Sec. 4(a), Nov. 6, 1969, 83 Stat. 189,
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 condemnation 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 period or
periods, ending not more than eighteen months after the month of
enactment of this Act [July 1960], as the Secretary may prescribe on
the basis of a finding that conditions exist which necessitate the
prescribing of such additional period or periods: Provided, That the
Secretary 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 packages thereof.''
Short Title of 1994 Amendment
Pub. L. 103-267, Sec. 1, June 16, 1994, 108 Stat. 722, provided
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, Sec. 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
Section 1 of Pub. L. 91-113 provided that: ``This Act [enacting
section 1274 of this title, amending this section and section 1262 of
this title, enacting 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
Section 1 of Pub. L. 89-756 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
section] may be cited as the `Child Protection Act of 1966'.''
Short Title
Section 1 of Pub. L. 86-613, as amended by section 5 of Pub. L. 89-
756, provided: ``This Act [enacting this chapter, repealing sections 401
to 411 of this title, and enacting notes set out under this section],
may be cited as the `Federal Hazardous Substances Act'.''
Separability
Pub. L. 86-613, Sec. 16, formerly Sec. 15, July 12, 1960, 74 Stat.
380, renumbered Pub. L. 91-113, Sec. 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 applicability 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
In subsec. (d), ``Commission'' substituted for ``Secretary'' and
``Consumer Product Safety Commission'' substituted for ``Secretary of
Health, Education, and Welfare'' and in subsecs. (f)(1)(B) to (D),
(h)(2), (k), (p)(1), and (q), ``Commission'' substituted for
``Secretary'' and ``it'' substituted for ``he'' wherever appearing
pursuant to section 30(a) of Pub. L. 92-573, which is classified to
section 2079(a) of this title and which transferred functions of
Secretary of Health, Education, and Welfare under this chapter to
Consumer Product Safety Commission.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
Effect Upon Federal and State Law
Pub. L. 86-613, Sec. 18, formerly Sec. 17, July 12, 1960, 74 Stat.
380, as amended by Pub. L. 89-756, Sec. 4(a), Nov. 3, 1966, 80 Stat.
1305; renumbered and amended by Pub. L. 91-113, Sec. 4(a), (b)(1), Nov.
6, 1969, 83 Stat. 189, 190; Pub. L. 94-284, Sec. 17(a), May 11, 1976, 90
Stat. 510, provided that:
``(a) Nothing in this act [enacting this chapter and repealing
sections 401 to 411 of this title] shall be construed to modify or
affect the provisions of the Flammable 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 Commerce Act, as amended [section 31502 of Title 49,
Transportation] (relating to the transportation of dangerous substances
and explosives by surface carriers); or of section 1716, title 18,
United States Code, or any regulations promulgated thereunder (relating
to mailing of dangerous substances); or of section 902 [section 1472 of
former Title 49] or regulations promulgated under section 601 of the
Federal Aviation Act of 1958 [section 1421 of former Title 49] (relating
to transportation of dangerous 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 Service 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,
Agriculture]; 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 purposes', 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 political
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 cautionary labeling requirement is identical to the labeling
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 hazardous 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 establish and continue in effect a
requirement applicable to a hazardous substance for its own use (or to
the packaging of such a substance) which requirement is designed to
protect against a risk of illness or injury associated with such
substance and which is not identical to a requirement described in
paragraph (1) applicable to such substance (or packaging) and designed
to protect 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 subdivision of a
State, the Commission may, by regulation promulgated in accordance with
subparagraph (B), exempt 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 hazardous substance if--
``(i) compliance with the requirement would not cause the
hazardous substance (or its packaging) to be in violation of the
applicable requirement described in paragraph (1), and
``(ii) the State or political subdivision requirement (I)
provides a significantly higher degree of protection from such risk
of illness or injury than the requirement described in paragraph
(1), and (II) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political 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 complying with such requirement, the
geographic distribution of the substance to which the requirement would
apply, the probability of other States or political subdivisions
applying for an exemption under this paragraph for a similar
requirement, and the need for a national, uniform requirement under this
Act [this chapter] for such substance (or its packaging).
``(B) A regulation under subparagraph (A) granting an exemption for
a requirement of a State or political subdivision of a State may be
promulgated by the Commission only after it has provided, in accordance
with section 553(b) of title 5, United States Code, notice with respect
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.
``(5) As used in this subsection, the term `Commission' means the
Consumer Product Safety Commission.''
Small Balls as Banned Hazardous Substances
Pub. L. 103-267, title I, Sec. 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, effective 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.]
Section Referred to in Other Sections
This section is referred to in sections 1262, 1275, 1276, 1278,
1471, 2080 of this title.
