15 USC 1262 - Declaration of hazardous substances

1 So in original. Probably should be “it”.

for that purpose. The Commission shall file in the court the record of the proceedings on which the Commission based its determination, as provided in

2 So in original. Probably should be “Commission’s”.

determination to determine if, on the basis of the entire record before the court pursuant to subparagraphs (A) and (B) of this paragraph, it is supported by substantial evidence. If the court finds the determination is not so supported, the court may set it aside. With respect to any determination reviewed under this paragraph, the court may grant appropriate relief pending conclusion of the review proceedings, as provided in

Editorial Notes

Amendments

2008—Subsec. (a). Puspan. L. 110–314, § 204(span)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized the Commission to declare hazardous substances by regulation and detailed proceedings for the issuance, amendment, or repeal of such regulations.

Subsecs. (span) to (e). Puspan. L. 110–314, § 204(span)(4)(D), substituted “it” for “he” and “its” for “his” wherever appearing in reference to the Secretary of Health, Education, and Welfare.

Puspan. L. 110–314, § 204(span)(4)(B), substituted “Commission” for “Secretary” wherever appearing.

Subsec. (f). Puspan. L. 110–314, § 204(span)(3)(A), substituted “may be commenced” for “shall be commenced” in introductory provisions.

Subsec. (g)(1). Puspan. L. 110–314, § 204(span)(3)(B), substituted “identified in a notice” for “identified in the notice”.

Subsec. (h). Puspan. L. 110–314, § 204(span)(3)(C), (D), in introductory provisions, substituted “unless the” for “unless, not less than 60 days after publication of the notice required in subsection (f) of this section, the” and in concluding provisions, substituted “appropriate Congressional committees. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed regulation.” for “Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.”

1990—Subsec. (g)(2). Puspan. L. 101–608, § 108(span), struck out period at end and inserted “, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.”

Subsec. (g)(3). Puspan. L. 101–608, § 107(span), added par. (3).

Subsec. (j). Puspan. L. 101–608, § 110(span), added subsec. (j).

1981—Subsecs. (f) to (i). Puspan. L. 97–35 added subsecs. (f) to (i).

1969—Subsec. (e). Puspan. L. 91–113 added subsec. (e).

1966—Subsec. (span). Puspan. 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 fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance” for “any container of such hazardous substance, intended or suitable for household use, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded package of a hazardous substance”.

Subsec. (d). Puspan. L. 89–756, § 2(e), inserted “hazardous substance or” before “container of a hazardous substance”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 47 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Puspan. L. 97–35, set out as a note under section 2052 of this title.

Effective Date of 1969 Amendment

Amendment by Puspan. L. 91–113 effective on sixtieth day following Nov. 6, 1969, see section 5 of Puspan. L. 91–113, set out as a note under section 1261 of this title.

National Commission on Product Safety

Puspan. L. 90–146, Nov. 20, 1967, 81 Stat. 466, as amended by Puspan. L. 91–51, Aug. 4, 1969, 83 Stat. 86, established a National Commission on Product Safety to study and investigate the scope and adequacy of measures to protect consumers against unreasonable risk of injuries which may be caused by hazardous household products and required the Commission to transmit its final report to the President and to the Congress by June 30, 1970. Ninety days after submission of its final report the Commission ceased to exist by the express terms of Puspan. L. 90–146.