ENFORCEMENT OF ACT SEC. 9. (a) Except as otherwise specifically provided in this Act, the Secretary of Health, Education, and Welfare shall enforce its provisions. (b) For enforcing the provisions of sections 4, 5, and 7, the Secretary of Health, Education, and Welfare may cause investigations, inspections, analyses, and tests to be made and samples to be collected, of any dangerous caustic or corrosive substance. The Department of Health, Education, and Welfare shall pay to the person entitled, upon his request, the reasonable market value of any such sample taken. If it appears from the inspection, analysis, or test of any dangerous caustic or corrosive substance that such substance is in a misbranded package, parcel, or container suitable for household use, the Secretary of Health, Education, and Welfare shall cause notice thereof to be given to any person who may be liable for any violation of section 3 or 6 in respect of such substance. Any person so notified shall be given an opportunity to be heard under regulations prescribed by the Secretary of Health, Education, and Welfare. If it appears that such person has violated the provisions of section 3 or 6 the Secretary of Health, Education, and Welfare shall at once certify the facts to the proper United States district attorney, with a copy of the results of the inspection, analysis, or test duly authenticated under oath by the person making such inspection, analysis, or test. (c) For the enforcement of his functions under this act the Secretary of Health, Education, and Welfare is authorized: (1) To prescribe and promulgate such regulations as may be necessary; (2) To cooperate with any department or agency of the Government, with any State, Territory, or possession, or with the District of Columbia, or with any department, agency, or political subdivision thereof, or with any person; (3) Subject to the civil-service laws to appoint and, in accordance with the Classification Act of 1949, to fix the salaries of such officers and employees as may be required for the execution of the functions of the Secretary of Health, Education, and Welfare under this act and as may be provided for by the Congress from time to time; (4) To make such expenditures (including expenditures for personal services and rent at the seat of Government and elsewhere, and for law books, books of reference, and periodicals) as may be required for the execution of the functions vested in the Secretary of Health, Education, and Welfare by this act and as may be provided for by the Congress from time to time; (5) To give notice, by publication in such manner as the Secretary of Health, Education, and Welfare may by regulation prescribe, of the judgment of the court in any case under the provisions of this act. SEPARABILITY CLAUSE SEC. 10. If any provision of this Act 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. TIME OF TAKING EFFECT SEC. 11. This Act shall take effect upon its passage; but no penalty or condemnation shall be enforced for any violation of the act occurring within 6 months after its passage. APPLICATION TO EXISTING LAW SEC. 12. The provisions of this Act shall be held to be in addition to and not in substitution for the provisions of the following acts (a) The Federal Food, Drug, and Cosmetic Act of June 25, 1938, as amended; (b) The Federal Insecticide, Fungicide, and Rodenticide Act of June 25, 1947; (c) 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, as amended. MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENT ACT (References in brackets [ ] are to title 15, United States Code) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Magnuson-Moss Warranty-Federal Trade Commission Improvement Act". TITLE I-CONSUMER PRODUCT WARRANTIES DEFINITIONS SEC. 101. [2301] For the purposes of this title: (1) The term "consumer product" means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). (2) The term "Commission" means the Federal Trade Commission. (3) The term "consumer" means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract). (4) The term "supplier" means any person engaged in the business of making a consumer product directly or indirectly available to consumers. (5) The term "warrantor" means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty. (6) The term "written warranty" means (A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or (B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such |