§ 2602. — 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: 15USC2602]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2602. Definitions
As used in this chapter:
(1) the \1\ term ``Administrator'' means the Administrator of the
Environmental Protection Agency.
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\1\ So in original. Probably should be capitalized.
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(2)(A) Except as provided in subparagraph (B), the term ``chemical
substance'' means any organic or inorganic substance of a particular
molecular identity, including--
(i) any combination of such substances occurring in whole or in
part as a result of a chemical reaction or occurring in nature and
(ii) any element or uncombined radical.
(B) Such term does not include--
(i) any mixture,
(ii) any pesticide (as defined in the Federal Insecticide,
Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]) when
manufactured, processed, or distributed in commerce for use as a
pesticide,
(iii) tobacco or any tobacco product,
(iv) any source material, special nuclear material, or byproduct
material (as such terms are defined in the Atomic Energy Act of 1954
[42 U.S.C. 2011 et seq.] and regulations issued under such Act),
(v) any article the sale of which is subject to the tax imposed
by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C.
4181] (determined without regard to any exemptions from such tax
provided by section 4182 or 4221 or any other provision of such
Code), and
(vi) any food, food additive, drug, cosmetic, or device (as such
terms are defined in section 201 of the Federal Food, Drug, and
Cosmetic Act [21 U.S.C. 321]) when manufactured, processed, or
distributed in commerce for use as a food, food additive, drug,
cosmetic, or device.
The term ``food'' as used in clause (vi) of this subparagraph includes
poultry and poultry products (as defined in sections 4(e) and 4(f) of
the Poultry Products Inspection Act [21 U.S.C. 453(e) and (f)]), meat
and meat food products (as defined in section 1(j) of the Federal Meat
Inspection Act [21 U.S.C. 601(j)]), and eggs and egg products (as
defined in section 4 of the Egg Products Inspection Act [21 U.S.C.
1033]).
(3) The term ``commerce'' means trade, traffic, transportation, or
other commerce (A) between a place in a State and any place outside of
such State, or (B) which affects trade, traffic, transportation, or
commerce described in clause (A).
(4) The terms ``distribute in commerce'' and ``distribution in
commerce'' when used to describe an action taken with respect to a
chemical substance or mixture or article containing a substance or
mixture mean to sell, or the sale of, the substance, mixture, or article
in commerce; to introduce or deliver for introduction into commerce, or
the introduction or delivery for introduction into commerce of, the
substance, mixture, or article; or to hold, or the holding of, the
substance, mixture, or article after its introduction into commerce.
(5) The term ``environment'' includes water, air, and land and the
interrelationship which exists among and between water, air, and land
and all living things.
(6) The term ``health and safety study'' means any study of any
effect of a chemical substance or mixture on health or the environment
or on both, including underlying data and epidemiological studies,
studies of occupational exposure to a chemical substance or mixture,
toxicological, clinical, and ecological studies of a chemical substance
or mixture, and any test performed pursuant to this chapter.
(7) The term ``manufacture'' means to import into the customs
territory of the United States (as defined in general note 2 of the
Harmonized Tariff Schedule of the United States), produce, or
manufacture.
(8) The term ``mixture'' means any combination of two or more
chemical substances if the combination does not occur in nature and is
not, in whole or in part, the result of a chemical reaction; except that
such term does include any combination which occurs, in whole or in
part, as a result of a chemical reaction if none of the chemical
substances comprising the combination is a new chemical substance and if
the combination could have been manufactured for commercial purposes
without a chemical reaction at the time the chemical substances
comprising the combination were combined.
(9) The term ``new chemical substance'' means any chemical substance
which is not included in the chemical substance list compiled and
published under section 2607(b) of this title.
(10) The term ``process'' means the preparation of a chemical
substance or mixture, after its manufacture, for distribution in
commerce--
(A) in the same form or physical state as, or in a different
form or physical state from, that in which it was received by the
person so preparing such substance or mixture, or
(B) as part of an article containing the chemical substance or
mixture.
(11) The term ``processor'' means any person who processes a
chemical substance or mixture.
(12) The term ``standards for the development of test data'' means a
prescription of--
(A) the--
(i) health and environmental effects, and
(ii) information relating to toxicity, persistence, and
other characteristics which affect health and the environment,
for which test data for a chemical substance or mixture are to be
developed and any analysis that is to be performed on such data, and
(B) to the extent necessary to assure that data respecting such
effects and characteristics are reliable and adequate--
(i) the manner in which such data are to be developed,
(ii) the specification of any test protocol or methodology
to be employed in the development of such data, and
(iii) such other requirements as are necessary to provide
such assurance.
(13) The term ``State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana
Islands, or any other territory or possession of the United States.
(14) The term ``United States'', when used in the geographic sense,
means all of the States.
(Pub. L. 94-469, title I, Sec. 3, Oct. 11, 1976, 90 Stat. 2004; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; renumbered title I, Pub.
L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; Pub. L. 100-418,
title I, Sec. 1214(e)(1), Aug. 23, 1988, 102 Stat. 1156.)
References in Text
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in par. (2)(B)(ii), 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 Atomic Energy Act of 1954, referred to in par. (2)(B)(iv), 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.
The Harmonized Tariff Schedule of the United States, referred to in
par. (7), is not set out in the Code. See Publication of Harmonized
Tariff Schedule note set out under section 1202 of Title 19, Customs
Duties.
For definition of Canal Zone, Governor of the Canal Zone, and Panama
Canal Company, referred to in par. (13), see section 3602(b) of Title
22, Foreign Relations and Intercourse.
Amendments
1988--Par. (7). Pub. L. 100-418 substituted ``general note 2 of the
Harmonized Tariff Schedule of the United States'' for ``general headnote
2 of the Tariff Schedules of the United States''.
1986--Par. (2)(B)(v). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
