83 STAT. ]
189
PUBLIC LAW 91-113-NOV. 6, 1969
sembly of the article, (2) from propulsion of the article (or any part or accessory thereof), (3) from points or other protrusions, surfaces, edges, openings, or closures, (4) from moving parts, (5) from lack or insufficiency of controls to reduce or stop motion, (6) as a result of self-adhering characteristics of the article, (7) because the article (or any part or accessory thereof) may be aspirated or ingested, (8) because of instability, or (9) because of any other aspect of the article's design or manufacture. " (t) An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces." SEC. 3. (a) Subparagraph 1(A) of section 2(f) of the Federal Hazardous Substances Act (15 U.S.C. 1261 (f)(1)(A)) is amended by inserting "or combustible" after "flammable". (b) Section 2(1) of such Act (15 U.S.C. 1261 (1)) is amended— (1) by striking out "and the term" and inserting in lieu thereof "the term"; (2) by inserting before the semicolon the following: ", and the term 'combustible' shall apply to any substance which has a flash point above eighty degrees Fahrenheit to and including one hundred and fifty degrees, as determined by the Tagliabue Open Cup Tester"; (3) by inserting "or combustibility" after "flammability"; and (4) by inserting ", 'combustible'," after "the terms 'flammable' ". (c) Section 2(p)(l)(E) of such Act (15 U.S.C. 1261 (p)(l)(E)) is amended by inserting " 'Combustible,' " after " 'Flammable,' ". SEC. 4. (a) The Federal Hazardous Substances Act is amended by redesignating sections 15, 16, 17, and 18 as sections 16, 17, 18, and 19, respectively, and by inserting after section 14 the following newsection: a. E P U R C H A S E OF B A N N E D HAZARDOUS R
SUBSTANCES
"SEC. 15. (a) In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous substance (whether or not it was such at the time of its sale), such article or substance shall, in accordance with regulations of the Secretary, be repurchased as follows: " (1) The manufacturer of any such article or substance shall repurchase it from the person to whom he sold it, and shall— " (A) refund that person the purchase price paid for such article or substance, " (B) if that person has repurchased such article or substance pursuant to paragraph (2) or (3), reimburse him for any amounts paid in accordance with that paragraph for the return of such article or substance in connection with its repurchase, and " (C) if the manufacturer requires the return of such article or substance in connection with his repurchase of it in accordance with this paragraph, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer. "(2) The distributor of any such article or substance shall repurchase it from the person to whom he sold it, and shall— " (A) refund that person the purchase price paid for such article or substance, " (B) if that person has repurchased such article or substance pursuant to paragraph (3), reimburse him for any amounts paid in accordance with that paragraph for the return of such article or substance in connection with its repurchase, and
Thermal.
74 Stat. 372. 74 Stat. 373.
74 Stat. 380. 15 USC 1261 note s, 401 note.
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