171 



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 con- 

 tainer 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. 



(0) The term "Immediate container" does not In- 

 clude 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 suscept- 

 ible 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 pur- 

 suant to section 1472 or 1473 of this title or if such 

 substance, except as otherwise provided by or pur- 

 suant 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 com- 

 mon or usual name> of the hazardous substance or 

 of each component which contributes substantially 

 to Its hazard, unless the Secretary by regulation 

 permits or requires the use of a recognized generic 

 name; (C) the signal word "DANGER" on sub- 

 stances which are extremly flammable, corrosive, 

 or highly toxic; (D) the signal word "WARNING" 

 or "CAUTION" on all other hazardous substances; 

 (E) an affirmative statement of the principal haz- 

 ard or hazards, such as "Flammable", "Combus- 

 tible", "Vapor Harmful", "Causes Burns", "Ab- 

 sorbed Through Skin", or similar wording descrip- 

 tive of the hazard: (P) precautionary measures 

 describing the action to be followed or avoided, 

 except when modified by regulation of the Secre- 

 tary pursuant to section 1262 of this title; (G) 

 instruction, when necessary or appropriate, for 

 flrst-ald treatment; (H) the word "poison" for 

 any hazardous substance which is defined as 

 "highly toxic" by subsection (h) of this section; 



(1) instructions for handling and storage of pack- 

 ages which require special care in handling or 

 storage; and (J) the statement (1) "Keep out of 

 the reach of children" or its practical equivalent, 

 or, (11) If the article is intended for use by children, 

 and is not a banned hazardous substance, ade- 

 quate 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 typog- 

 raphy, 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 ap- 

 plicable regulation issued pursuant to section 1472 

 or 1473 of this title. 



(q)(l) 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 Secretary 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 sub- 

 stance, the degree or nature of the hazard involved 

 in the presence or use of such substance in house- 

 holds 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 in- 

 tended or packaged, out of the channels of inter- 

 state commerce: Provided. That the Secretary, by 

 regulation, (ii shall exempt from clause lA) of this 

 subsection articles, such as chemical sets, which by 

 reason of their functional purpose require the inclu- 

 sion of the hazardous substance involved or neces- 

 sarily present an electrical, mechanical, or thermal 

 hazard, and which bear labeling giving adequate 

 directions and warnings for safe use and are in- 

 tended for use by children who have attained suffi- 

 cient maturity, and may reasonably be expected, to 

 read and heed such directions and warnings, and 

 iii> shall exempt from clause lA', and piovide for 

 the labeling of. common fireworks i including toy 

 paper caps, cone fountains, cylinder fountains, 

 whistles without report, and sparklers i to the extent 

 that he determines that .such articles can be ade- 

 quately labeled to protect the purchasers and users 

 thereof. 



i2i Proceedings for the i.ssuancc, amrndment, or 

 repeal of regulations pursuant to clause iB) of 

 paragraph 1 1 1 of this subsection shall be governed 

 by the provisions of sections 371 > e i , if), and i g > of 

 Title 21 : Pruvidcd. Thai if the Secietaiy finds thai 

 the distribution for houscliold use of the hazardous 

 substance involved presents an imminent hazard to 

 the public health, he 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 lo be a "banned 

 hazardous substance" pending tlie completion of 

 proceedings relating to the issuance of such 

 regulations. 



■H- Ve , * •* M- 



(SI An article may be determined to present a 

 mechanical hazard if, in normal use or when sub- 

 jected 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, i2i 

 from propulsion of the article lor any part or acces- 

 sory thereof!. (3i from points or other protrusions, 

 surfaces, edges, openings, or closures, (4i from mov- 



