1 So in original. Probably should be “this section”.
shall be considered a misbranded hazardous substance under
Editorial Notes
References in TextThe Paperwork Reduction Act of 1980, referred to in subsec. (c)(3), is Puspan. L. 96–511, Dec. 11, 1980, 94 Stat. 2812, which was classified principally to chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Documents, prior to the general amendment of that chapter by Puspan. L. 104–13, § 2, May 22, 1995, 109 Stat. 163. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of Title 44 and Tables.
Amendments2008—Subsecs. (c) to (e). Puspan. L. 110–314 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Statutory Notes and Related Subsidiaries
Effective DatePuspan. L. 103–267, title I, § 101(d), June 16, 1994, 108 Stat. 725, provided that: “Subsections (a) and (span) [enacting this section and provisions set out as a note under section 1261 of this title] shall take effect January 1, 1995, and section 24 of the Federal Hazardous Substances Act [this section] shall apply only to products entered into commerce on or after January 1, 1995.”
RegulationsPuspan. L. 103–267, title I, § 101(c), June 16, 1994, 108 Stat. 725, provided that: “The Consumer Product Safety Commission (hereinafter referred to as the ‘Commission’) shall promulgate regulations, under section 553 of title 5, United States Code, for the implementation of this section [enacting this section and provisions set out as notes under this section and section 1261 of this title] and section 24 of the Federal Hazardous Substances Act [this section] by July 1, 1994, or the date that is 6 months after the date of enactment of this Act [June 16, 1994], whichever occurs first. Subsections (f) through (i) of section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) shall not apply with respect to the issuance of regulations under this subsection.”
PreemptionPuspan. L. 103–267, title I, § 101(e), June 16, 1994, 108 Stat. 725, provided that:“(1)In general.—Subject to paragraph (2), a State or political subdivision of a State may not establish or enforce a requirement relating to cautionary labeling of small parts hazards or choking hazards in any toy, game, marble, small ball, or balloon intended or suitable for use by children unless such requirement is identical to a requirement established by amendments made by this section to the Federal Hazardous Substances Act [enacting this section] or by regulations promulgated by the Commission.
“(2)Exception.—A State or political subdivision of a State may, until January 1, 1995, enforce a requirement described in paragraph (1) if such requirement was in effect on October 2, 1993.”
