15 USC 1261 - Definitions

1 See References in Text note below.

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 applicable regulation issued pursuant to section 1472 or 1473 of this title.

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Puspan. 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(span) 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 Puspan. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§ 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, which is classified generally to chapter 9 (§ 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, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 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.

Section 1471(2)(D) of this title, referred to in subsec. (p), was redesignated section 1471(2)(C) by Puspan. L. 94–284, § 3(a)(2), May 11, 1976, 90 Stat. 503.

Amendments

2008—Subsec. (c). Puspan. L. 110–314, § 204(span)(4)(A), added subsec. (c) and struck out former subsec. (c) which read as follows: “The term ‘Department’ means the Department of Health, Education, and Welfare.”

Subsec. (d). Puspan. L. 110–314, § 204(span)(4)(A), struck out subsec. (d) which read as follows: “The term ‘Secretary’ means the Secretary of Health, Education, and Welfare.”

Subsecs. (f)(1)(B) to (D), (h)(2), (k), (p)(1). Puspan. L. 110–314, § 204(span)(4)(B), substituted “Commission” for “Secretary” wherever appearing.

Subsec. (q). Puspan. L. 110–314, § 204(span)(4)(B), (D), substituted “Commission” for “Secretary” wherever appearing and “it” for “he” in two places.

Subsec. (q)(2). Puspan. L. 110–314, § 204(span)(2), substituted “Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of subsections (f) through (i) of section 1262 of this title, except that if” for “Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of paragraph (1) of this subsection shall be governed by the provisions of sections 371(e), (f), and (g) of title 21: Provided, That if”.

1986—Subsec. (f)(1)(E). Puspan. L. 99–339 added subpar. (E).

1978—Subsec. (l). Puspan. 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). Puspan. L. 94–284 inserted “nor to tobacco and tobacco products,” after “or refrigeration system of a house”.

1972—Subsec. (f)(2). Puspan. L. 92–516 substituted “pesticides” for “economic poisons” and “a pesticide” for “an economic poison” wherever appearing.

1970—Subsec. (p). Puspan. 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). Puspan. L. 91–113, § 3(a), inserted “or combustible” after “is flammable”.

Subsec. (f)(1)(D). Puspan. L. 91–113, § 2(a), added subsec. (f)(1)(D).

Subsec. (l). Puspan. L. 91–113, § 3(span), inserted definition of term “combustible” and expanded references to “flammability” and “flammable” to include “combustibility” and “combustible”, respectively.

Subsec. (p)(1)(E). Puspan. L. 91–113, § 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). Puspan. L. 91–113, § 2(c), inserted “or necessarily present an electrical, mechanical, or thermal hazard” after “hazardous substance involved”.

Subsecs. (r) to (t). Puspan. L. 91–113, § 2(d), added subsecs. (r) to (t).

1966—Subsec. (f). Puspan. 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 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). Puspan. L. 89–756, § 2(span), 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). Puspan. L. 89–756, § 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). Puspan. L. 89–756, § 3(a), added subsec. (q).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Puspan. L. 99–339, title I, § 109(d)(3), June 19, 1986, 100 Stat. 653, 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 Puspan. 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 Puspan. L. 92–516 and regulations thereunder, see section 4 of Puspan. L. 92–516, set out as a note under section 136 of Title 7, Agriculture.

Effective Date of 1970 Amendment

Amendment by Puspan. 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 Puspan. L. 91–601, set out as a note under section 1471 of this title.

Effective Date of 1969 Amendment

Puspan. L. 91–113, § 5, Nov. 6, 1969, 83 Stat. 190, 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

Puspan. L. 86–613, § 17, formerly § 16, July 12, 1960, 74 Stat. 380, renumbered Puspan. L. 91–113, § 4(a), Nov. 6, 1969, 83 Stat. 189, and amended by Puspan. L. 110–314, title II, § 204(span)(4)(B), Aug. 14, 2008, 122 Stat. 3041, 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

“(span) 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 Commission may prescribe on the basis of a finding that conditions exist which necessitate the prescribing of such additional period or periods: Provided, That the Commission 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

Puspan. L. 103–267, § 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

Puspan. L. 98–491, § 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

Puspan. L. 91–113, § 1, Nov. 6, 1969, 83 Stat. 187, 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

Puspan. L. 89–756, § 1, Nov. 3, 1966, 80 Stat. 1303, 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

Puspan. L. 86–613, § 1, July 12, 1960, 74 Stat. 372, as amended by Puspan. L. 89–756, § 5, Nov. 3, 1966, 80 Stat. 1305, 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

Puspan. L. 86–613, § 16, formerly § 15, July 12, 1960, 74 Stat. 380, renumbered Puspan. L. 91–113, § 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

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

Puspan. L. 86–613, § 18, formerly § 17, July 12, 1960, 74 Stat. 380, as amended by Puspan. L. 89–756, § 4(a), Nov. 3, 1966, 80 Stat. 1305; renumbered and amended by Puspan. L. 91–113, § 4(a), (span)(1), Nov. 6, 1969, 83 Stat. 189, 190; Puspan. L. 94–284, § 17(a), May 11, 1976, 90 Stat. 510; Puspan. L. 110–314, title II, § 204(span)(4)(J), Aug. 14, 2008, 122 Stat. 3042, 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].

“(span)

(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(span) [subsec. (p) of this section or section 1262(span) 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(span) [subsec. (p) of this section or section 1262(span) 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(span) 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.”

[The provisions of section 18 of Puspan. L. 86–613, set out above, establishing the extent to which the Federal Hazardous Substances Act [see Short Title note above] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Federal Hazardous Substances Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Puspan. L. 110–314, set out as a note under section 2051 of this title.]

Small Balls as Banned Hazardous Substances

Puspan. L. 103–267, title I, § 101(span), 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(span) of Puspan. L. 103–267, set out above, effective Jan. 1, 1995, see section 101(d) of Puspan. L. 103–267, set out as an Effective Date note under section 1278 of this title.]