§ 1455. — Procedure for promulgation of regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1455]
TITLE 15--COMMERCE AND TRADE
CHAPTER 39--FAIR PACKAGING AND LABELING PROGRAM
Sec. 1455. Procedure for promulgation of regulations
(a) Hearings by Secretary of Health and Human Services
Regulations promulgated by the Secretary under section 1453 or 1454
of this title shall be promulgated, and shall be subject to judicial
review, pursuant to the provisions of subsections (e), (f), and (g) of
section 371 of title 21. Hearings authorized or required for the
promulgation of any such regulations by the Secretary shall be conducted
by the Secretary or by such officer or employees of the Department of
Health and Human Services as he may designate for that purpose.
(b) Judicial review; hearings by Federal Trade Commission
Regulations promulgated by the Commission under section 1453 or 1454
of this title shall be promulgated, and shall be subject to judicial
review, by proceedings taken in conformity with the provisions of
subsections (e), (f), and (g) of section 371 of title 21 in the same
manner, and with the same effect, as if such proceedings were taken by
the Secretary pursuant to subsection (a) of this section. Hearings
authorized or required for the promulgation of any such regulations by
the Commission shall be conducted by the Commission or by such officer
or employee of the Commission as the Commission may designate for that
purpose.
(c) Cooperation with other departments and agencies
In carrying into effect the provisions of this chapter, the
Secretary and the Commission are authorized to cooperate with any
department or agency of the United States, with any State, Commonwealth,
or possession of the United States, and with any department, agency, or
political subdivision of any such State, Commonwealth, or possession.
(d) Returnable or reusable glass containers for beverages
No regulation adopted under this chapter shall preclude the
continued use of returnable or reusable glass containers for beverages
in inventory or with the trade as of the effective date of this Act, nor
shall any regulation under this chapter preclude the orderly disposal of
packages in inventory or with the trade as of the effective date of such
regulation.
(Pub. L. 89-755, Sec. 6, Nov. 3, 1966, 80 Stat. 1299; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
References in Text
The effective date of this Act, referred to in subsec. (d), refers
to the effective date of Pub. L. 89-755 which enacted this chapter to
take effect July 1, 1967. See Effective Date note set out under section
1451 of this title.
Change of Name
``Department of Health and Human Services'' substituted for
``Department of Health, Education, and Welfare'' in subsec. (a),
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in section 1453 of this title.
