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NOTE.-See section 30 of the Consumer Product Safety Act (P.L. 92–573) (p. 110) which transferred the functions of the Secretary of Health, Education, and Welfare under the Federal Hazardous Substances Act and the Poison Prevention Packaging Act of 1970 to the Consumer Product Safety Commission and transferred the functions of that Secretary, the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics Act to that Commission.


(References in brackets (

) are to title 15, United States Code)


SECTION 1. This Act may be cited as the "Federal Hazardous Substances Act”.


SEC. 2. (1261] For the purposes of this Act,

(a) The term "territory” means any territory or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico but excluding the Canal Zone.

(b) The term “interstate commerce” means (1) commerce between any State or territory and any place outside thereof, and (2) • commerce within the District of Columbia or within any territory not organized with a legislative body.

(c) The term “Department” means the Department of Health, Education, and Welfare.

(d) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(e) The term “person” includes an individual, partnership, corporation, and association. (f) The term “hazardous substance” means:

1. (A) Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

(B) Any substances which the Secretary by regulation finds, pursuant to the provisions of section 3(a), meet the requirements of subparagraph 1(A) of this paragraph.

(C) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the Secretary determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this Act in order to protect the public health.

(D) Any toy or other article intended for use by children which the Secretary by regulation determines, in accordance with section 3(e) of this Act, presents an electrical, mechanical, or thermal hazard.

(E) Any solder which has a lead content in excess of 0.2 percent.

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