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89th Congress, S. 3298
November 3, 1966

An Act

To amend the Federal Hazardous Substances Labeling Act to ban hazardous toys and articles intended for children, and other articles so hazardous as to be dangerous in the household regardless of labeling, and to apply to unpackaged articles intended for household use, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This title may be cited as the "Child Protection Act of 1966".

APPLICATION OF FEDERAL HAZARDOUS SUBSTANCES LABELING ACT TO
ARTICLES BEARING OR CONTAINING PESTICIDES, AND TO UNPACKAGED
HAZARDOUS SUBSTANCES

80 STAT. 1303

Child Protection Act of

1966.

61 Stat. 163.

7 USC 135 note.

SEC. 2. (a) Section 2(f) (2) of the Federal Hazardous Substances Labeling Act (15 U.S.C. 1261(f) (2)), which excludes "economic 74 Stat. 372. poisons" subject to the Federal Insecticide, Fungicide, and Rodenticide Act and certain other articles from the term "hazardous substance", is amended by inserting before the period at the end thereof the following: ", but such term 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 hazardous substance within the meaning of subparagraph 1 of this paragraph by reason of bearing or containing such an economic poison".

(b) So much of section 2(n) of such Act (15 U.S.C. 1261(n)), defining the term "label", as precedes the semicolon is amended to read as follows:

"(n) the term 'label' means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto".

(c) (1) Paragraph (p) of section 2 of such Act (15 U.S.C. 1261 (p)), defining the terms "misbranded package" and "misbranded package of a hazardous substance", is amended by changing so much of such paragraph as precedes subparagraph (1) thereof to read as follows:

"(p) The term 'misbranded hazardous substance' means a hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to section 3, fails to bear a label-”.

(2) Such paragraph (p) is further amended by striking out, in subparagraph (1), all of clause (J) through the word "and" and inserting in lieu thereof the following: "(J) the statement (i) 'Keep out of the reach of children' or its practical equivalent, or, (ii) if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard, and".

(d) Section 3(b) of such Act (15 U.S.C. 1262 (b)), authorizing the Secretary to establish reasonable variations or additional label

STAT. 1304

Stat. 375.

requirements necessary for the protection of the public health and safety, is amended by changing so much of such subsection as follows the semicolon to read as follows: "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 hazardous substance."

(e) Subsection (d) of section 3 of such Act (15 U.S.C. 1262(d)), authorizing the Secretary to except containers of hazardous substances with respect to which adequate requirements satisfying the purposes of such Act have been established by or pursuant to another Act, is amended by inserting "hazardous substance or" before "container of a hazardous substance".

(f) Section 4 of such Act (15 U.S.C. 1263), setting forth prohibited acts, is amended as follows:

(1) Paragraphs (a), (c), and (g) of such section are each amended by striking out "misbranded package of a hazardous substance" and inserting in lieu thereof "misbranded hazardous substance";

(2) Paragraphs (b) and (f) of such section are each amended by striking out "being in a misbranded package" and inserting in lieu thereof "being a misbranded hazardous substance".

(g) Subsection (b) of section 5 of such Act (15 U.S.C 1264) is amended by striking out "in misbranded packages" in clause (2) thereof and inserting in lieu thereof "a misbranded hazardous substance“.

(h) Section 6(a) of such Act (15 U.S.C. 1265 (a)) is amended by striking out "Any hazardous substance that is in a misbranded package" and inserting in lieu thereof "Any misbranded hazardous substance".

(i) Section 14(a) of such Act (15 U.S.C. 1273(a)) is amended by striking out "in misbranded packages" in the second sentence thereof and inserting in lieu thereof a misbranded hazardous substance". EXCLUSION, FROM INTERSTATE COMMERCE, OF TOYS AND OTHER CHILDREN'S ARTICLES CONTAINING HAZARDOUS SUBSTANCES, AND OF OTHER SUBSTANCES SO DANGEROUS THAT CAUTIONARY LABELING IS NOT ADEQUATE

SEC. 3. (a) Section 2 of such Act (15 U.S.C. 1261) is further amended by adding at the end thereof the following new paragraph: "(q) (1) The term 'banned hazardous substance' means (A) any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted; or (B) any hazardous substance intended, or packaged in a form suitable, for use in the household, which the Secretary by regulation classifies as a 'banned hazardous substance' on the basis of a finding that, not withstanding such cautionary labeling as is or may be required under this Act for that substance, the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping such substance, when so intended or packaged, out of the channels

of interstate commerce: Provided, That the Secretary, by regulation, (i) shall exempt from clause (A) of this paragraph articles, such as chemical sets, which by reason of their functional purpose require the inclusion of the hazardous substance involved, and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings, and (ii) shall exempt from clause (A), and provide for 80 STAT. 1305 the labeling of, common fireworks (including toy paper caps, cone fountains, cylinder fountains, whistles without report, and sparklers) to the extent that he determines that such articles can be adequately labeled to protect the purchasers and users thereof.

80 STAT. 1304

52 Stat. 1055.

21 USC 371.

Publication in
Federal Regis-

(2) 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 sections 701 (e), (f), and (g) of the Federal Food, Drug, and Cosmetic Act: Provided. That if the Secretary finds that the distribution for household use of the hazardous substance involved presents an imminent hazard to the public health, he may by order published in the Federal Register give notice of such finding, and thereupon such substance when intended or offered for household use, or when so packaged as to be suitable for such use, shall be deemed to be a 'banned hazardous substance pending the completion of proceedings relating to the issuance of such regulations." (b) Subsections (a), (b), (c), and (g) of section 4 of such Act, as amended by section 2 of this Act, are each further amended by Ante, p. 1304. inserting "or banned hazardous substance" after "misbranded hazardous substance".

(c) Clause (2) of section 5(b) of such Act, as amended by section 2 of this Act, is further amended by striking out "within the meaning of that term" in such clause and inserting in lieu thereof “or a banned hazardous substance within the meaning of those terms".

(d) Section 6(a) of such Act, as amended by section 2 of this Act, is further amended by inserting "or banned hazardous substance" after "Any misbranded hazardous substance".

(e) Section 14 (a) of such Act, as amended by section 2 of this Act, is further amended by inserting "or banned hazardous substance" after "misbranded hazardous substance" in the second sentence thereof.

EFFECT UPON STATE LAW

SEC. 4. (a) Section 17 of such Act (15 U.S.C. 1261, note) is amended by inserting "(a)" immediately after the section designation and adding at the end thereof the following new subsection:

"(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 household use (except for those substances defined in sections 2(f) (2) and (3) of this Act) which differs from the requirements or exemptions of this Act or the regulations or interpretations

ter.

74 Stat. 380.

80 STAT. 1305

74 Stat. 372.

promulgated pursuant thereto. Any law, regulation, or ordinance purporting to establish such a labeling requirement shall be null and void."

(b) The title of such section is amended to read as follows:

"EFFECT UPON FEDERAL AND STATE LAW".

CHANGE IN SHORT TITLE OF ACT

SEC. 5. Section 1 of the Federal Hazardous Substances Labeling Act
Approved November 3, 1966.

15 USC 1261 note. is amended by striking out "Labeling".

LEGISLATIVE HISTORY:

HOUSE REPORT No. 2166 (Comm. on Interstate & Foreign Commerce).
SENATE REPORT No. 1551 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 112 (1966):

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89th Congress, S. 3488
November 6, 1966

An Act

To grant the consent of Congress for the States of Virginia and Maryland and the District of Columbia to amend the Washington Metropolitan Area Transit Regulation Compact to establish an organization empowered to provide transit facilities in the National Capital Region and for other purposes and to enact said amendment for the District of Columbia.

80 STAT. 1324

Whereas Congress heretofore has declared in the National Capital
Transportation Act of 1960 (Public Law 86-669, 74 Stat. 537) and 40 USC 651 note.
in the National Capital Transportation Act of 1965 (Public Law 40 USC 681 note.
89-173, 79 Stat. 663) that a coordinated system of rail rapid transit,
bus transportation service, and highways is essential in the National
Capital Region for the satisfactory movement of people and goods,
the alleviation of present and future traffic congestion, the economic
welfare and vitality of all parts of the Region, the effective perform-
ance of the functions of the United States Government located within
the Region, the orderly growth and development of the Region, the
comfort and convenience of the residents and visitors to the Region,
and the preservation of the beauty and dignity of the Nation's Capi-
tal and that such a system should be developed cooperatively by the
Federal, State, and local governments of the National Capital Re-
gion, with the costs of the necessary facilities financed, as far as
possible, by persons using or benefiting from such facilities and the
remaining costs shared equitably among the Federal, State, and local
governments;
Whereas in furtherance of this policy, Congress, in title III of the Na-
tional Capital Transportation Act of 1960, authorized the District
of Columbia, the Commonwealth of Virginia, and the State of Mary-
land to negotiate a Compact for the establishment of an organiza-
tion, empowered, inter alia, to provide regional transportation fa-
cilities;

Whereas, it is the sense of the Congress that the Mass Transit Plan
authorized by the Compact and this Act shall conform to the fullest
extent practicable with the Comprehensive Plan for the National
Capital and the general plan for the development of the National
Capital Region prepared pursuant to the National Capital Planning
Act of 1952 (Public Law 82-592, 66 Stat. 781); and
Whereas, the District of Columbia, the Commonwealth of Virginia
and the State of Maryland, with a representative of the United
States appointed by the President, have negotiated such a Compact,
known as the Washington Metropolitan Area Transit Authority
Compact, which amends the Washington Metropolitan Area Transit
Regulation Compact, heretofore consented to by the Congress (Pub-
lic Law 86-794, 74 Stat. 1031, as amended by Public Law 87-767,
76 Stat. 764), by adding thereto a title III and said Compact has
been enacted by Maryland (Ch. 869, Acts of General Assembly
1965) and in substantially the same language by Virginia (Ch. 2,
1966 Acts of Assembly): Now, therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby consents to, adopts and enacts for the District of Columbia an amendment to the Washington Metropolitan Area Transit Regulation Compact, for which Congress heretofore has granted its consent (Public Law 86-794, 74 Stat. 1031, as amended by Public Law 87-767, 76 Stat. 764) by adding thereto title III, known as the Washington

40 USC 71 not

D.C. Code 11410 to 1-141 D.C. Code 1410a and no:

Washington N ropolitan Are Transit Reg tion Compact,

amendment.

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