§ 1274. Remedies respecting banned hazardous substances

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1969

   Federal Hazardous Substances Labeling Act

   Pub. L. 86–613 § 15 · 74 Stat. 372

   Enacted · 15 U.S.C. § 1274

   Pub. L. 86–613, § 15, as added Pub. L. 91–113, § 4(a), Nov. 6, 1969, 83 Stat. 189

   Source evidence

   Code source credit
   Pub. L. 86–613, § 15, as added Pub. L. 91–113, § 4(a), Nov. 6, 1969, 83 Stat. 189

   Enacted provision · exact public law section
   Sec. 15. separability clause 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.

2. 1981

   Pub. L. 97–35 title XII § 1211(f)(1) · 95 Stat. 357

   Substituted · 15 U.S.C. § 1274

   Pub. L. 97–35 revised section generally and substituted provisions authorizing the Commission to require the manufacturers, distributors, or dealers as the case may be to notify the public that the article or substance was a banned hazardous one, and to repair, replace or refund the purchase price, when the Commission determines after providing the manufacturer, distributor, or dealer an opportunity for a hearing that banned hazardous substances were sold for provisions requiring the manufacturer, distributor or dealer to repurchase the banned hazardous article or substance

   Source evidence

   Code amendment note
   Pub. L. 97–35 revised section generally and substituted provisions authorizing the Commission to require the manufacturers, distributors, or dealers as the case may be to notify the public that the article or substance was a banned hazardous one, and to repair, replace or refund the purchase price, when the Commission determines after providing the manufacturer, distributor, or dealer an opportunity for a hearing that banned hazardous substances were sold for provisions requiring the manufacturer, distributor or dealer to repurchase the banned hazardous article or substance.

   Enacted provision · exact public law section
   (1) Section 15 of the Federal Hazardous Substances Act (15 U.S.C. 1274) is amended to read as follows: “Sec. 15. “notice and repair, replacement, or refund (a) If any article or substance sold in commerce is defined as a banned hazardous substance (whether or not it was such at the time of its sale) and the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing) that notification is required to adequately protect the public from such article or substance, the Commission may order the manufacturer or any distributor or dealer of the article or substance to take any one or more of the following actions: “(1) To give public notice that the article or substance is a banned hazardous substance. “(2) To mail such notice to each person who is a manufacturer, distributor, or dealer of such article or substance. “(3) To mail such notice to every person to whom the person giving the notice knows such article or substance was delivered or sold. An order under this subsection shall specify the form and content of any notice required to be given under the order. “(b) If any article or substance sold in commerce is defined as a banned hazardous substance (whether or not it was such at the time of its sale) and the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing) that action under this subsection is in the public interest, the Consumer Product Safety Commission may order the manufacturer, distributor, or dealer to take whichever of the following actions the person to whom the order is directed elects: “(1) If repairs to or changes in the article or substance may be made so that it will not be a banned hazardous substance, to make such repairs or changes. “(2) To replace such article or substance with a like or equivalent article or substance which is not a banned hazardous substance. “(3) To refund the purchase price of the article or substance (less a reasonable allowance for use, if the article or substance has been in the possession of the consumer for one year or more— “(A) at the time of public notice under subsection (a), or “(B) at the time the consumer receives actual notice that the article or substance is a banned hazardous substance, whichever first occurs). An order under this subsection may also require the person to whom it applies to submit a plan, satisfactory to the Commission, for taking the action which such person has elected to take. The Commission shall specify in the order the persons to whom refunds must be made if the person to whom the order is directed elects to take the action described in paragraph (3). If an order under this subsection is directed to more than one person, the Commission shall specify which person has the election under this subsection. An order under this subsection may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in 19 USC 1202 note. general headnote 2 to the Tariff Schedules of the United States), or from doing any combination of such actions, with respect to the article or substance with respect to which the order was issued. “(c) (1) No charge shall be made to any person (other than a manufacturer, distributor, or dealer) who avails himself of any remedy provided under an order issued under subsection (b), and the person subject to the order shall reimburse each person (other than a manufacturer, distributor, or dealer) who is entitled to such a remedy for any reasonable and foreseeable expenses incurred by such person in availing himself of such remedy. “(2) An order issued under subsection (a) or (b) with respect to an article or substance may require any person who is a manufacturer, distributor, or dealer of the article or substance to reimburse any other person who is a manufacturer; distributor, or dealer of such article or substance for such other person’s expenses in connection with carrying out the order, if the Commission determines such reimbursement to be in the public interest. “(d) An order under subsection (a) or (b) may be issued only after an opportunity for a hearing in accordance with section 554 of title 5, United States Code, except that, if the Commission determines that any person who wishes to participate in such hearing is a part of a class of participants who share an identity of interest, the Commission may limit such person’s participation in such hearing to participation through a single representative designated by such class (or by the Commission if such class fails to designate such a representative).”.

3. 1983

   Pub. L. 97–414 § 9 · 96 Stat. 2049

   Added · 15 U.S.C. § 1274(e)

   Pub. L. 97–414 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–414 added subsec. (e).

   Enacted provision · exact public law section
   Sec. 9. miscellaneous technical amendments (a) Section 931(a) of the Omnibus Budget Reconciliation Act 95 Stat. 570. 42 USC 300, 300a–1, 300a–3. of 1981 is amended by striking out “ ‘1980,’ “ in paragraphs (1), (2), and (3) and inserting in lieu thereof “ ‘1980;’ ”. (b) Section 936(b)(1) of the Omnibus Budget Reconciliation Act of 95 Stat. 572. 42 USC 300m. 1981 is amended by striking out “300m(d)(1)(B)(ii)” and inserting in lieu thereof “300m(d)(1)(B)”. (c) 95 Stat. 573.42 USC 300e–1. Section 942(i) of the Omnibus Budget Reconciliation Act of 1981 is amended by striking out “ ‘feasible (1)’ ” and inserting in lieu thereof “ ‘feasible (0 ’ (d) (1) Section 963(b)(4) of the Omnibus Budget Reconciliation Act 95 Stat. 593. 42 USC 4577. of 1981 is amended by striking out “clause (2)” and inserting in lieu thereof “clause (3)”. (2) Section 311(a)(3) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 95 Stat. 593. (42 U.S.C. 4577(b)3)) is amended by striking out the period at the end and inserting in lieu thereof a comma. (e) Section 965(a) of the Omnibus Budget Reconciliation Act of 95 Stat. 594. 42 USC 4588. 1981 is amended by striking out paragraph (A) and by redesignating paragraphs (B), (C), and (D) as paragraphs (1), (2), and (3), respectively. (f) Section 2741(a)(3) of the Omnibus Budget Reconciliation Act of 95 Stat. 922. 42 USC 295g–4. 1981 is amended by striking out “and ‘and’ ”. (g) (1) Section 709 of the Controlled Substances Act (21 U.S.C. 904) is amended (1) by striking out subsections (a) and (b), (2) by striking out “(c)”, and (3) by amending the section heading to read as follows: “payment of tort claims”. (2) The item relating to section 709 in the table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by striking out “Authorizations of Appropriations” and inserting in lieu thereof “Payment of Tort Claims’. (h) Repeal.42 USC 300t–11 note. Section 302 of the Health Planning and Resources Development Amendments of 1979 (Public Law 96–79) is repealed. (i) The paragraph beginning with “Service and supply fund:” under the heading “PUBLIC HEALTH SERVICE” in the Federal Security Agency Appropriation Act, 1946 (42 U.S.C. 231) is amended by inserting “, or in advance,” after “stock furnished”. (j) (1) Section 6(b)(1) of the Consumer Product Safety Act (15 U.S.C. 2055(b)(1)) is amended by striking out “paragraph (2)” and inserting in lieu thereof “paragraph (4)”. (2) Section 11(c) of such Act (15 U.S.C. 2060(c)) is amended by striking out “section 10(e)(4)” and inserting in lieu thereof “subsection (f)”. (3) Section 15(g)(1) of such Act (15 U.S.C. 2064(g)(1)) is amended by striking out “section 12(c)(1)” and inserting in lieu thereof “12(d)(1)”. (4) (A) Section 19(a)(7) of such Act (15 U.S.C. 2068(a)(7)) is amended by striking out “section 9(d)(2)” and inserting in lieu thereof “section 9(g)(2)”. (B) Paragraph (8) of section 19(a) of such Act is repealed and paragraph (9) and the first of the two paragraphs (10) are redesignated as paragraphs (8) and (9), respectively. (5) Section 31(b)(1) of such Act (15 U.S.C. 2080(b)(1)) is amended by striking out “The Commission” and all that follows through “Substances Act,” and inserting in lieu thereof the following: “(b) (1) The Commission may not issue— “(A) an advance notice of proposed rulemaking for a consumer product safety rule, “(B) a notice of proposed rulemaking for a rule under section 27(e), or “(C) an advance notice of proposed rulemaking for regulations under section 2(q)(1) of the Federal Hazardous Substances Act,”. 15 USC 1261. (k) Section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)) is amended by striking out “, after consultation with the Technical Advisory Committee provided for in section 6 of this Act”. (l) Section 15 of the Federal Hazardous Substances Act (15 U.S.C. 1274) (as amended by section 1211(f)(1) of the Omnibus Budget Reconciliation Act of 1982) is amended by adding at the end thereof 95 Stat. 721. the following: “(e) For purposes of this section (1) the term ‘manufacturer’ “Manufacturer.” includes an importer for resale, and (2) a dealer who sells at wholesale an article or substance shall with respect to that sale be considered the distributor of that article or substance.”. (m) Section 1211(h)(4) of the Omnibus Budget Reconciliation Act of 1981 is amended by striking out “by inserting ‘, Science and Transportation’ 95 Stat. 721. 15 USC 2064. immediately after ‘on Commerce’, and”.

4. 1984

   Toy Safety Act of1984

   Pub. L. 98–491 § 2(a)(2) · 98 Stat. 2269

   Redesignated · 15 U.S.C. § 1274(c)

   Pub. L. 98–491, § 2(a)(2), added subsec. (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–491, § 2(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (2) by inserting immediately after subsection (b) the following: “(c) (1) If the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (e) of this section) that any toy or other article intended for use by children that is not a banned hazardous substance contains a defect which creates a substantial risk of injury to children (because of the pattern of defect, the number of defective toys or such articles distributed in commerce, the severity of the risk, or otherwise) and that notification is required to protect adequately the public from such toy or article, the Commission may order the manufacturer or any distributor or dealer of such toy or article to take any one or more of the following actions: “(A) To give public notice that such defective toy or article contains a defect which creates a substantial risk of injury to children. “(B) To mail such notice to each person who is a manufacturer, distributor, or dealer of such toy or article. “(C) To mail such notice to every person to whom the person giving notice knows such toy or article was delivered or sold. An order under this paragraph shall specify the form and content of any notice required to be given under the order. “(2) If the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (e) of this section) that any toy or other article intended for use by children that is not a banned hazardous substance contains a defect which creates a substantial risk of injury to children (because of the pattern of defect, the number of defective toys or such articles distributed in commerce, the severity of the risk, or otherwise) and that action under this paragraph is in the public interest, the Commission may order the manufacturer, distributor, or dealer to take whichever of the following actions the person to whom the order is directed elects: “(A) If repairs to or changes in the toy or article can be made so that it will not contain a defect which creates a substantial risk of injury to children, to make such repairs or changes. “(B) To replace such toy or article with a like or equivalent toy or article which does not contain a defect which creates a substantial risk of injury to children. “(C) To refund the purchase price of such toy or article (less a reasonable allowance for use, if such toy or article has been in the possession of the consumer for 1 year or more (i) at the time of public notice under paragraph (IRA), or (ii) at the time the consumer receives actual notice that the toy or article contains a defect which creates a substantial risk of injury to children, whichever first occurs). An order under this paragraph may also require the person to whom it applies to submit a plan, satisfactory to the Commission, for taking the action which such person has elected to take. The Commission shall specify in the order the person to whom refunds must be made if the person to whom the order is directed elects to take the action described in subparagraph (C). If an order under this paragraph is directed to more than one person, the Commission shall specify which person has the election under this paragraph. Prohibition. An order under this paragraph may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general head note 2 to the Tariff Schedules of 19 USC 1202. the United States), or from doing any combination of such actions, with respect to the toy or article with respect to which the order was issued.”.

5. 1984

   Toy Safety Act of1984

   Pub. L. 98–491 § 2(a)(1) · 98 Stat. 2269

   Redesignated · 15 U.S.C. § 1274(d)

   Pub. L. 98–491, § 2(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–491, § 2(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

6. 1984

   Toy Safety Act of1984

   Pub. L. 98–491 § 2(b) · 98 Stat. 2269

   Inserted · 15 U.S.C. § 1274(d)(1)

   Pub. L. 98–491, § 2(b), inserted “or (c)” after “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 98–491, § 2(b), inserted “or (c)” after “subsection (b)”.

   Enacted provision · exact public law section
   (b) Section 15(d)(1) of the Federal Hazardous Substances Act, as so redesignated by subsection (a) of this section, is amended by striking “subsection (b)” and inserting in lieu thereof “subsection (b) or (c)”.

7. 1984

   Toy Safety Act of1984

   Pub. L. 98–491 § 2(c) · 98 Stat. 2269

   1. Substituted · 15 U.S.C. § 1274(d)(2)

      Pub. L. 98–491, § 2(c), (d), substituted “a toy, article” for “an article”

   2. Substituted · 15 U.S.C. § 1274(d)(2)

      Pub. L. 98–491, § 2(c), (d), substituted “toy, article” for “article”

   3. Substituted · 15 U.S.C. § 1274(d)(2)

      Pub. L. 98–491, § 2(c), (d), substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 98–491, § 2(c), (d), substituted “a toy, article” for “an article”, “toy, article” for “article” in two places, and “subsection (a), (b), or (c)” for “subsection (a) or (b)”.

   Enacted provision · exact public law section
   (c) Section 15(d)(2) of such Act, as so redesignated by subsection (a) of this section, is amended— (1) by striking “an article” and inserting in lieu thereof “a toy, article”; and (2) by inserting “toy,” immediately before “article” the second and third time it appears.

8. 1984

   Toy Safety Act of1984

   Pub. L. 98–491 § 2(a)(2) · 98 Stat. 2269

   1. Redesignated · 15 U.S.C. § 1274(e)

      Pub. L. 98–491, § 2(a)(2), (d), redesignated subsec. (d) as (e)

   2. Redesignated · 15 U.S.C. § 1274(e)

      Pub. L. 98–491, § 2(a)(2), (d), substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)”. Former subsec. (e) redesignated (f)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–491, § 2(a)(2), (d), redesignated subsec. (d) as (e) and substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)”. Former subsec. (e) redesignated (f).

   Enacted provision · exact public law section
   (2) by inserting immediately after subsection (b) the following: “(c) (1) If the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (e) of this section) that any toy or other article intended for use by children that is not a banned hazardous substance contains a defect which creates a substantial risk of injury to children (because of the pattern of defect, the number of defective toys or such articles distributed in commerce, the severity of the risk, or otherwise) and that notification is required to protect adequately the public from such toy or article, the Commission may order the manufacturer or any distributor or dealer of such toy or article to take any one or more of the following actions: “(A) To give public notice that such defective toy or article contains a defect which creates a substantial risk of injury to children. “(B) To mail such notice to each person who is a manufacturer, distributor, or dealer of such toy or article. “(C) To mail such notice to every person to whom the person giving notice knows such toy or article was delivered or sold. An order under this paragraph shall specify the form and content of any notice required to be given under the order. “(2) If the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (e) of this section) that any toy or other article intended for use by children that is not a banned hazardous substance contains a defect which creates a substantial risk of injury to children (because of the pattern of defect, the number of defective toys or such articles distributed in commerce, the severity of the risk, or otherwise) and that action under this paragraph is in the public interest, the Commission may order the manufacturer, distributor, or dealer to take whichever of the following actions the person to whom the order is directed elects: “(A) If repairs to or changes in the toy or article can be made so that it will not contain a defect which creates a substantial risk of injury to children, to make such repairs or changes. “(B) To replace such toy or article with a like or equivalent toy or article which does not contain a defect which creates a substantial risk of injury to children. “(C) To refund the purchase price of such toy or article (less a reasonable allowance for use, if such toy or article has been in the possession of the consumer for 1 year or more (i) at the time of public notice under paragraph (IRA), or (ii) at the time the consumer receives actual notice that the toy or article contains a defect which creates a substantial risk of injury to children, whichever first occurs). An order under this paragraph may also require the person to whom it applies to submit a plan, satisfactory to the Commission, for taking the action which such person has elected to take. The Commission shall specify in the order the person to whom refunds must be made if the person to whom the order is directed elects to take the action described in subparagraph (C). If an order under this paragraph is directed to more than one person, the Commission shall specify which person has the election under this paragraph. Prohibition. An order under this paragraph may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general head note 2 to the Tariff Schedules of 19 USC 1202. the United States), or from doing any combination of such actions, with respect to the toy or article with respect to which the order was issued.”.

9. 1984

   Toy Safety Act of1984

   Pub. L. 98–491 § 2(a)(1) · 98 Stat. 2269

   Redesignated · 15 U.S.C. § 1274(f)

   Pub. L. 98–491, § 2(a)(1), redesignated subsec. (e) as (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 98–491, § 2(a)(1), redesignated subsec. (e) as (f).

   Enacted provision · exact public law section
   (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

10. 1988

    Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title I § 1214(c) · 102 Stat. 1107

    Substituted · 15 U.S.C. § 1274(b); 15 U.S.C. § 1274(c)(2)

    Pub. L. 100–418 substituted “general note 2 of the Harmonized Tariff Schedule of the United States” for “general headnote 2 to the Tariff Schedules of the United States”

    Source evidence

    Code amendment note
    Subsecs. (b), (c)(2). Pub. L. 100–418 substituted “general note 2 of the Harmonized Tariff Schedule of the United States” for “general headnote 2 to the Tariff Schedules of the United States”.

    Enacted provision · exact public law section
    (c) Federal Hazardous Substances Act.— Section 15 of the Federal Hazardous Substances Act (15 U.S.C. 1274) is amended— (1) by striking out “general headnote 2 to the Tariff Schedules of the United States” in subsection (b) and inserting “general note 2 of the Harmonized Tariff Schedule of the United States”; and (2) by striking out “general headnote 2 to the Tariff Schedules of the United States” in subsection (c)(2) and inserting “general note 2 of the Harmonized Tariff Schedule of the United States”.

    Effective date note
    Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.

11. 1990

    Consumer Product Safety Improvement Act of 1990

    Pub. L. 101–608 title I § 111(b) · 104 Stat. 3110

    Added · 15 U.S.C. § 1274(g)

    Pub. L. 101–608 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–608 added subsec. (g).

    Enacted provision · exact public law section
    (b) Federal Hazardous Substances Act.— Section 15 of the Federal Hazardous Substances Act (15 U.S.C. 1274) is amended by adding at the end the following: “(g) Nothing in this section shall be construed to require the Commission, in determining that an article or substance distributed in commerce presents a substantial product hazard and that notification or other action under this section should be taken, to prepare a comparison of the costs that would be incurred in providing notification or taking other action under this section with the benefits from such notification or action.”.

12. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 title II § 204(b)(4)(H) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1274(b)

    Pub. L. 110–314 substituted “Commission may order” for “Consumer Product Safety Commission may order” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–314 substituted “Commission may order” for “Consumer Product Safety Commission may order” in introductory provisions.

    Enacted provision · exact public law section
    (H) by striking “Consumer Product Safety Commission” each place it appears and inserting “Commission”;

15 of 15 references resolved to an enrolled provision