Notes on 15 U.S.C. § 1261 : US Code - Notes

Search Notes on 15 U.S.C. § 1261 : US Code - Notes

(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.]