Page:United States Statutes at Large Volume 80 Part 1.djvu/1339

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[80 STAT. 1303]
PUBLIC LAW 89-000—MMMM. DD, 1966
[80 STAT. 1303]

80 STAT.]

PUBLIC LAW 8 9 - 7 5 6 - N O V. 3, 1966

1303

Public Law 89-756 AN ACT Novembers, 1966 To amend the Federal H a z a r d o u s Substances Labeling Act to ban hazardous [s.3298] toys and articles intended for children, and other articles so h a z a r d o u s a s 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 United States of America in Congress assembled,

of the Child Protection Act of 1966.

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 B E A R I N G OR CONTAINING PESTICIDES, AND TO UNPACKAGED HAZARDOUS SUBSTANCES

SEC. 2. (a) Section 2(f)(2) of the Federal Hazardous Substances Labeling Act (15 U.S.C. 1261(f)(2)), which excludes "economic 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 nn 73 T r fLTio

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

74 Stat. 372. y^us^c^ia^s^n"