80 STAT.]
PUBLIC LAW 8 9 - 7 5 6 - N O V. 3, 1966
1305
warnings, and (ii) shall exempt from clause (A), and provide for 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. "(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 Sec- 52 Stat. 31055. 21 USC 7 1. retary 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 pe^e^iV'R""^^" finding, and thereupon such substance when intended or offered for ter. 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 ^"'^' P- ^^O"*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. E F F E C T U P O N STATE L A W
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) I t 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 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:
^4 Stat. aso.
"EFFECT UPON FEDERAL AND STATE LAW". CHANGE I N SHORT TITLE OF ACT
SEC. 5. Section 1 of the Federal Hazardous Substances Labeling Act ^^ ^*^*- ^72. " is amended by striking out "Labeling". ^^^^ ^^*^ ^^^^ Approved November 3, 1966.
�
