172 



ing parts. i5i from lack of insufficiency of controls 

 to reduce or stop motion. (6i as a result of self- 

 adhering characteristics of the article, i7i because 

 the article (or any part or accessory thereof! may 

 be aspirated or ingested, (8> because of instability, 

 or i9> because of any other aspect of the article's 

 design or manufacture. 



* -j; +: * -K 



(Pub. L. 

 86-613. § 2. July 12, 1960, 74 Stat. 372; Pub. L. 89- 

 756. §§2(a> — (c>, 3(a), Nov. 3, 1966, 80 Stat. 1303. 

 1304: Pub. L. 91-113. §§2(a), (c), (d), 3, Nov. 6, 



1969, 83 SUt. 187-189; Pub. L. 91-601, § 7(a) . Dec. 30, 



1970, 84 Stat. 1673.) 



(As amended Pub. L. 92-516, § 3(1) , Oct. 21, 1972, 86 

 Stat. 998; Pub. L. 94-284, § 3(c), May 11, 1976, 90 

 Stat. 503.) 



Amendments 



1976 — Subsec. (f) (2). Pub. L. 94-284 added the words 

 "nor to tobacco and tobacco products". 



1972 — Subsec, (f)(2). Pub. L. 92-516 substituted "pes- 

 ticides" for "economic poisons" and "a pestlslde" for 

 "an economic poison" wherever appearing therein. 



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 is- 

 sued pursuant to section 1472 or 1473 of this title or it 

 such substance" for "which substance" and added fol- 

 lowing and below par. (2) provision including In "mis- 

 branded hazardous substance" a household substance as 

 defined In section 1471(2) (D) of this title If it is a sub- 

 stance described in par. (1) of subsec (f) of this section 

 and Its packaging or labeling is in violation of an appli- 

 cable regulation issued pursuant to section 1472 or 1473 

 of this title. 



1969— Subsec. (f)(1)(A). Pub. L. 91-113, §3(a), added 

 "or combustible" following "is flammable". 



Subsec. (fl (1) (Dl Pub L 91-113. « 2(a). added subsec 

 (f)(1)(D), • 



Subsec. (/) , Pub, L, 91-113. § 3(b) . added the definition 

 of the term "combustible" and expanded references to 

 "flammabllity ' and "flammable" to include "combusti- 

 bility" and "combustible", respectively, 



Subsec, (pi (11 (E), Pub, L 91-113. § 3(c). added "Com- 

 bustible" 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. § 2(c). added "or neces- 

 sarily present an electrical, mechanical, or thermal haz- 

 ard" following "hazardous substance involved", 



Subsecs. (r)-(t). Pub L, 91-113, § 2(d) , added subsecs, 

 (r)-(t). 



1966 — Subsec. (fl . Pub. L. 89-756. § 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 Rodenticlde Act 

 but which Is a Hazard substance within the meaning of 

 par. (I) of this subsec. by reason of its bearing or con- 

 taining an economic poison. 



Subsec. (n). Pub, L, 89-756. S2(b). enlarged the term 

 "label" to Include, where the article is unpackaged or is 

 packaged in an immediate container not Intended or suit- 

 able for delivery to the ultimate consumer, a display of 

 written, printed or graphic matter directly upon the arti- 

 cle involved or upon a tag or other suitable material 

 affixed thereto, 



Subsec, (p). Pub. L. 89-756, § 2(c), in the introductory 

 material 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) added further categorv of "mis- 



branded hazardous substance" where the article Is in- 

 tended for use by children and is not a banned hazardous 

 substance and fails to bear a label with adequate direc- 

 tions for the protection of children from the hazard. 

 Subsec, (q). Pub. L. 89-756. § 3(a) , added subsec. (q). 



Effect Upon Federal and State Law 

 Pub. L 86-613, § 18, formerly § 17, July 12, 1960, 74 

 Stat. 380. as amended Pub. L 89-756. § 4(a) . Nov. 3. 1966, 

 80 Stat 1305; renumbered and amended Pub, L. 91-113, 

 §4(a), (b)(1), Nov, 6, 1969, 83 Stat. 190. provided that: 

 "(a) Nothing In this act (adding this chapter and re- 

 pealing sections 401 — 411 of this title] shall be construed 

 to modify or affect the provisions of the Flammable 

 Fabrics Act, as amended (15 US.C, 1191 — 1200) (sections 

 1191 — 1204 of this title], or any regulations promulgated 

 thereunder; or of chapter 39. title 18. United States Code, 

 as amended (18 USC 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 304(a)(2). (3) of Title 49] (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 sec- 

 tion 902 ]section 1472 of Title 49] or regulations promul- 

 gated under section 601 of the Federal Aviation Act of 

 1958 jsectlon 1421 of 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], or of the Public Health Service Act ]chapter 

 6A of Title 42]; or of the Federal Insecticide, Fungicide, 

 and Rodenticlde Act ] section 135 et seq, of Title 7(; 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 former sections 401 — 411 of this title). 

 "(b) It is hereby expressly declared that It is the intent 

 of the Congress to supersede any and all laws of the States 

 and political subdivisions thereof insofar as they may 

 now or hereafter provide for the precautionary labeling 

 of any substance or article intended or suitable for house- 

 hold use (except for those substances defined in sections 

 2(f)(2) and (3) of this Act) (subsec (f)(2) and (3) of 

 this section ( which differs from the requirem,ents or ex- 

 emptions of this Act (chapter] or the regulations or in- 

 terpretations promulgated pursuant thereto. Any law. 

 regulation, or ordinance purporting to establish such a 

 labeling requirement shall be null and void " 



§ 1262. ReKulalions declarinjt hazardous substances; 

 variations and exomplioiis; judicial review of 

 dett'rmiiialions. 



(a)(1) Whenever in the judgment of the Secre- 

 tary such action will promote the objectives of this 

 chapter by avoiding or resolving uncertainty as to its 

 .application, the Secretary may by regulation declare 

 to be a hazardous substance, for the purposes of this 

 chapter, any substance or mixture of substances 

 which he finds meets the requirements of subpara- 

 graph (1)(A) of section 1261if) of this title. 



(2) Proceedings for the issuance, amendment, or 

 repeal of regulations under this subsection and the 

 admissibility of the record of such proceedings in 

 other proceedings, shall in all respects be governed 

 by the provisions of section 371 (e), (f), and (g) of 

 Title 21, except that— 



(A) the Secretary's order after public hearing 

 (acting upon objections filed to an order made 

 prior to hearing i shall be subject to the require- 

 ments of section 348(f) (2) of Title 21; and 



