173 



(B) the scope of judicial review of such order 

 shall be in accordance with the fourth sentence of 

 paragraph i2), and with the provisions of para- 

 graph (3) of section 348 ig) of Title 21. 

 (b> If the Secretary finds that the requirements 

 of section 1261 ip) (1) of this title are not adequate 

 for the protection of the public health and safety In 

 view of the special hazard presented by any par- 

 ticular hazardous substance, he may by regulation 

 establish such reasonable variations or additional 

 label requirements as he finds necessary for the pro- 

 tection of the public health and safety, and any such 

 hazardous substance intended, or packaged in a form 

 suitable, for use in the household or by children, 

 which fails to bear a label in accordance with such 

 regulations shall be deemed to be a misbranded haz- 

 ardous substance. 



(c) If the Secretary finds that, because of the 

 size of the package involved or because of the minor 

 hazard presented by the substance contained there- 

 in, or for other good and sufficient reasons, full com- 

 pliance with the labeling requirements otherwise ap- 

 plicable under this chapter is impracticable or is not 

 necessary for the adequate protection of the public 

 health and safety, the Secretary shall promulgate 

 regulations exempting such substance from these re- 

 quirements to the extent he determines to be con- 

 sistent with adequate protection of the public health 

 and safety. 



Id I The Secretary may exempt from the require- 

 ments established by or pursuant to this chapter 

 any hazardous substance or container of a hazardous 

 substance with respect to which he finds that ade- 

 quate requirements satisfying the purposes of this 

 chapter have been established by or pursuant to any 

 other Act of Congress. 



I Pub. L. 86-613. § 3. July 12, 1960, 

 74 Stat. 375: Pub. L. 89-756, § 2(d> , <ei , Nov. 3. 1966, 

 80 Stat. 1303, 1304; Pub. L. 91-113, §2(b). Nov. 6, 

 1969, 83 Stat. 187.) 



Amendments 



1969 — Subsec. (e) Pub. L, 91-113 add«4 subsec. (e). 



1966— Subsec. (b). Pub. L. 89-756, §2(d), substituted 

 "any such hazardous substance Intended, or packaged In 

 a form suitable, for use In the household or by children. 

 which falls to bear a label In accordance with such regu- 

 lations shall be deemed to be a misbranded hazardous 

 substance" for "any container of such hazardous sub- 

 stance. Intended or suitable for household use, which 

 falls to bear a label In accordance with such regulations 

 shall be deemed to be a misbranded package of a hazard- 

 ous substance". 



Subsec. (d). Pub L. 89-756, §2(e), inserted "hazard- 

 ous substance or" preceding "container of a hazardous 

 substance". 



§1263. Prohibited acts. 



The following acts and the causing thereof are 

 prohibited ; 



(a) The introduction or delivery for introduction 

 Into interstate commerce of any misbranded haz- 

 ardous substance or banned hazardous substance. 



(b) The alteration, mutilation, destruction, oblit- 

 eration, or removal of the whole or any part of the 

 label of, or the doing of any other act with respect 



to, a hazardous substance, if such act Is done while 

 the substance is in interstate commerce, or while 

 the substance is held for sale (whether or not the 

 first sale) after shipment in interstate commerce, 

 and results in the hazardous substance being a mis- 

 branded hazardous substance or banned hazardous 

 substance. 



(c) The receipt in interstate commerce of any 

 misbranded hazardous substance or banned hazard- 

 ous substance and the delivery or proffered delivery 

 thereof for pay or otherwise. 



(di The giving of a guarantee or undertaking re- 

 ferred to in section 1264ib)(2) of this title which 

 guarantee or undertaking is false, except by a per- 

 son who relied upon a guarantee or undertaking to 

 the same effect signed by, and containing the name 

 and address of, the person residing in the United 

 States from whom he received in good faith the 

 hazardous substance. 



(e) The failure to permit entry or inspection as 

 authorized by section 1270(b) of this title or to per- 

 mit access to and copying of any record as author- 

 ized by section 1271 of this title. 



'f) The introduction or delivery for introduction 

 into interstate commerce, or the receipt in interstate 

 commerce and subsequent delivery or proffered de- 

 livery for pay or otherwise, of a hazardous sub- 

 stance in a reused f(X)d. drug, or cosmetic container 

 or in a container which, though not a reused con- 

 tainer, is identifiable as a food. drug, or cosmetic 

 container by its labeling or by other identification. 

 The reuse of a food, drug, or cosmetic container as 

 a container for a hazardous substance shall be 

 deemed to be an act which results in the hazardous 

 substance being a misbranded hazardous substance. 

 As used in this paragraph, the terms "food", "drug", 

 and "cosmetic" shall have the same meanings as in 

 the Federal Pood, Drug, and Cosmetic Act. 



(g) The manufacture of a misbranded hazardous 

 substance or banned hazardous substance within the 

 District of Columbia or within any territory not 

 organized with a legislative body. 



(h) The use by any person to his own advantage, 

 or revealing other than to the Secretary or officers 

 or employees of the Department, or to the courts 

 when relevant in any judicial proceeding under this 

 chapter, of any information acquired under au- 

 thority of section 1270 of this title concerning any 

 method of process which as a trade secret is entitled 

 to protection. (Pub. L. 86-613, § 4, July 12, 1960, 74 

 Stat 375; Pub L. 89-756, §§ 2(f), 3(b), Nov. 3, 1966, 

 80 Stat. 1304, 1305.) 



Amendments 



1966— Subsec (a). Pub L 89-756. H 2(f)(1), 3(b), 

 substituted "misbranded hazardous substance or banned 

 hazardous sustance ' for "misbranded package of a haz- 

 ardous substance". 



Subsec (b). Pub L. 89-756. §§2(f)(2). 3(b), substi- 

 tuted "being a misbranded hazardous substance or 

 banned hazardous substance" for "being In a misbranded 

 package" 



Subsec. (c). Pub. L. 89-756. §§2(f)|l), 3(b), substi- 

 tuted "misbranded hazardous substance or banned haz- 

 ardous substance" for "misbranded package of a hazard- 

 ous substance". 



Subsec. (f ) . Pub. L. 89-756, § 2(f) (2) , substituted "be- 



