FHSA联邦危险物质法.docx

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1、FEDERAL HAZARDOUS SUBSTANCES ACTOctober 14, 28 VersionFEDERAL HAZARDOUS SUBSTANCES ACT(Codified at 15 .S.C. 1261-1278)(Public Law 86-613; 74 Stat. 372, July 12, 1960, as amended)(This Act incorporates amendments made by the Child Protection Act of 1966, Public Law 89-756, 80 Stat. 1303, Nov. 3 1966;

2、 the Child Protection & Toy Safety Act of 1969, Public Law 91-113, 83 Stat. 187, Nov. 6, 1969; and the Poison Prevention Packaging Act of 1970, Public Law 91-601, 84 Stat. 1670, Oct. 27, 1972. It also includes amendments made by the Federal Environmental Pesticide Control Act of 1972, Public Law 92-

3、516, 86 Stat. 973, Oct. 21, 1972; the Consumer Product Safety Commission Improvements Act of 1976, Public Law 94-284, 90 Stat. 503, May 11, 1976; the Consumer Product Safety Act Authorization Act of 1978, Public Law 95-631, 92 Stat. 3743, Nov. 10, 1978; the Consumer Product Safety Amendments of 1981

4、, Public Law 9735, title 12, subtitle A, 95 Stat. 703, August 13, 1981; the Orphan Drug Act, Public Law 97-414, 96 Stat. 2049, Jan. 4, 1983; the Toy Safety Act of 1984, Public Law 98-491, 98 Stat. 2269, Oct. 17, 1984; The Safe Drinking Water Act Amendments of 1986, Public Law 99-339, 100 Stat. 642,

5、June 19, 1986; Public Law 100-695, 102 Stat. 4568, Nov. 18, 1988); The Consumer Product Safety Improvement Act Of 1990, Public Law 101-608, 104 Stat. 3110, Nov. 16, 1990; the Child Safety Protection Act, Public Law 103-267, 108 Stat. 722, June 16, 1994; and the Consumer Product Safety Improvement Ac

6、t of 2008, Public Law 110-314, 122 Stat. 3016 (August 14, 2008).NOTESee section 30 of the Consumer Product Safety Act which transferred the functions of the Secretary of Health, Education, and Welfare (now Health and Human Services) under the Federal Hazardous Substances Act to the Consumer Product

7、Safety Commission.This unofficial compilation was prepared by CPSC staff. It is not authoritative. If you find a typo or other need for update, please email cpsc-oscpsc.gov.Unofficial compilation for convenience only.Table of ContentsSec. 1. Short title.Sec. 2. DefinitionsSec. 3. Regulations declari

8、ng hazardous substances and establishing variations and exemptions.Childrens Products Containing Lead; Lead Paint Rule. Sec. 4. Prohibited acts.Sec. 5. Penalties.Sec. 6. Seizures.Sec. 7. Hearings before report of criminal violation.Sec. 8. Injunctions.Sec. 9. Style of enforcement proceedingssubpoena

9、s.Sec. 10. Regulations.Sec. 11. Examinations and investigations.Sec. 12. Records of interstate shipment.Sec. 13. Publicity.Sec. 14. Imports and exports.Sec. 15. Notice and repair, replacement, or refund.Sec. 16. Separability clause.Sec. 17. Time of taking effect.Sec. 18. Effect upon federal and stat

10、e law.Preemption RuleSec. 19. Repeal of Federal Caustic Poison Act.Sec. 20. Toxicological Advisory Board.Sec. 21. Congressional veto of regulations.Sec. 23. Labeling of art materials.Sec. 24. Requirements for labeling certain toys and games.Banning of small balls；Promulgation of regulations.Effectiv

11、e date; applicability.Preemption.*(References in brackets are to the United States Code and the Code of Federal Regulations)*(References in braces are editorial insertions)Unofficial compilation for convenience only.SHORT TITLESEC. 1, 1. This Act may be cited as the Federal Hazardous Substances Act.

12、”DEFINITIONSSEC. 2. 15U.S.C. 1261For 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 betwe

13、en 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 llCommissionh means the Consumer Product Safety Commission.(d) Repealed.(e) The term uperson includes an individual, pa

14、rtnership, 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, h

15、eat, 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

16、 Commission 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 Commission determines by regulation

17、 that the substance is sufficiently hazardous to require labeling in accordance with this Act in order to protect the public health.Unofficial compilation for convenience only.(D) Any toy or other article intended for use by children which the Commission by regulation determines, in accordance with

18、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.2. The term uhazardous substance shall not apply to pesticides subject to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 nor to food

19、s, drugs, and cosmetics subject to the Federal Food, Drug, and Cosmetic Act, 21 u.s.c. 301 et seq. nor to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house, nor to tobacco and tobacco products, but such term shall appl

20、y to any article which is not itself a pesticide 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 a pesticide.3. The term hazardous substance

21、* shall not include any source material, special nuclear material, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission. 42 u.S.C. 2011 et seq.(g) The term “toxic” shall apply to any substance (other th

22、an a radioactive substance) which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface.(h)(1) The term highly toxic means any substance which falls within any of the following categories: (a) Produces death within fourtee

23、n days in half or more than half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered; or (b) produces death within fourteen days in half or more t

24、han half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per lite

25、r by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or (c) produces death within fourteen days in half or more than half of a group of ten or more rabbits tested in a dosage of two hundre

26、d milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for twenty-four hours or less.Unofficial compilation for convenience only.(2) If the Commission finds that available data on human experience with any substance indicate results different fro

27、m those obtained on animals in the above-named dosages or concentrations, the human data shall take precedence.(i) The term “corrosive” means any substance which in contact with living tissue will cause destruction of tissue by chemical action; but shall not refer to action on inanimate surfaces.(j)

28、 The term “irritant” means any substance not corrosive within the meaning of subparagraph (i) which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.(k) The term ustrong sensitizer means a substance which will cause on normal living tis

29、sue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the Commission. Before designating any substance as a strong sensitizer, the Commission, upon consideration of the frequency of occurrenc

30、e and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity.(1)(1) The terms extremely Hammablen, flammable, and “combustible” as applied to any substance, liquid, solid, or the content of a self-pressurized container shall be defined by reg

31、ulations issued by the Commission. 16 c.f.r. I5.3(b)(i), i500.3(c)(6), 1500.43,1500.43a(2) The test methods found by the Commission to be generally applicable for defining the flammability or combustibility characteristics of any such substance shall also be specified in such regulations.(3) In esta

32、blishing definitions and test methods related to flammability and combustibility, the Commission shall consider the existing definitions and test methods of other Federal agencies involved in the regulation of flammable and combustible substances in storage, transportation and use; and to the extent

33、 possible, shall establish compatible definitions and test methods.(4) Until such time as the Commission issues a regulation under paragraph (1) defining the term ucombustible as applied to liquids, such term shall apply to any liquid which has a flash point above eighty degrees Fahrenheit to and in

34、cluding one hundred and fifty degrees, as determined by the Tagliabue Open Cup Tester.(m) The term *,radioactive substance11 means a substance which emits ionizing radiation.Unofficial compilation for convenience only.(n) The term ulabe, means a display of written, printed, or graphic matter upon th

35、e immediate container of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate ntainer 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

36、 thereto; and a requirement made by or under authority of this Act that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears (1) on the outside container or wrapper, if any there be, u

37、nless it is easily legible through the outside container or wrapper and (2) on all accompanying literature where there are directions for use, written or otherwise.(o) The term immediate container*1 does not include package liners.(p) The term umisbranded hazardous substance means a hazardous substa

38、nce (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

39、 use in the household or by children, if the packaging or labeling of such substance is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970 or if such substance, except as otherwise provided by or pursuant to section 3, fails to b

40、ear a label(1) which states conspicuously (A) the name and place of business of the manufacturer, packer, distributor or seller; (B) the common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to

41、its hazard, unless the Commission by regulation permits or requires the use of a recognized generic name; (C) the signal word “DANGER” on substances which are extremely flammable, corrosive, or highly toxic, (D) the signal word uWARNINGn or 41CAUTIONn on all other hazardous substances; (E) an affirm

42、ative statement of the principal hazard or hazards, such as 44FIammabIe,n uCombustibIe,0 uVapor Harmful/* Causes Burns, uAbsorbed Through SkinJ or similar wording descriptive of the hazard; (F) precautionary measures describing the action to be followed or avoided, except when modified by regulation

43、 of the Commission pursuant to section 3; (G) instruction, when necessary or appropriate, for first-aid treatment; (H) the word poison for any hazardous substance which is defined as “ uhighly toxic” by subsection (h); (I) instructions for handling and storage of packages which require special care

44、in handling or storage; and (J) the statement (i) *Keep out of the reach of children* or itsUnofficial compilation for convenience only.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 chi

45、ldren from the hazard, and(2) on which any statements required under subparagraph (1) of this paragraph are located prominently and are in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.The term misbranded hazar

46、dous substance also includes a household substance as defined in section 2(2)(D) of the Poison Prevention Packaging Act of 1970 if it is a substance described in paragraph 1 of section 2(f) of this Act and its packaging or labeling is in violation of an applicable regulation issued pursuant to secti

47、on 3 or 4 of the Poison Prevention Packaging Act of 1970.(q)(1) The term ubanned hazardous substance means (A) any 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 c

48、hild to whom such toy or other article is entrusted; or (B) any hazardous substance intended, or packaged in a form suitable, for use in the household, which the Commission by regulation classifies as a banned hazardous substance* on the basis of a finding that, notwithstanding such cautionary label

49、ing as is or may be required under this Act for that substance, the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping such substance, when so intended or packaged, out of the channels of inter