Page:United States Statutes at Large Volume 90 Part 1.djvu/559

 PUBLIC LAW 94-284—MAY 11, 1976

90 STAT. 509

(2) striking out in subsection (b) all that precedes the second sentence of such subsection and inserting in lieu thereof the following: "(b) Any consumer product— "(1) which fails to conform with an applicable consumer product safety rule, or "(2) the manufacture for sale, offering for sale, distribution in commerce, or the importation into the United States of which has been prohibited by an order in effect under section 15(d), 15 USC 2064. when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which such consumer product is found.". PROHIBITED ACTS AND ENFORCEMENT

SEC. 13. (a) Section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068(a)) is amended by— (1) inserting "or fail or refuse to establish or maintain records," immediately after "copying of records," in paragraph (3); and (2) striking out "or" at the end of paragraph (6), striking out the period at the end of paragraph (7) and inserting in lieu thereof "; or", and adding after paragraph (7) the following new paragraphs: "(8) fail to comply with any rule under section 13 (relating to 15 USC 2062. prior notice and description of new consumer products); or " (9) fail to comply with any rule under section 27(e) (relating 15 USC 2076. to provision of performance and technical data),", (b) Section 20(a)(1) of such Act (15 U.S.C. 2069) is amended by striking out "or (7)" and inserting in lieu thereof "(7), (8), or (9)". CONGRESSIONAL REVIEW OF PROPOSED ADMINISTRATIVE ACTIONS OF THE COMMISSION

SEC. 14. Section 27 of the Consumer Product Safety Act (15 U.S.C. 2076) is amended by adding at the end thereof the following new subsection: " (1)(1) Except as provided in paragraph (2)— " (A) the Commission shall transmit to the Committee on Commerce of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives each consumer product safety rule proposed after the date of the enactment of this subsection and each regulation proposed by the Commission after such date under section 2 or 3 of the Federal Hazardous Substances Act, section 3 of the Poison Prevention Packaging Act of 1970, or section 4 of the Flammable Fabrics Act: and "(B) no consumer product safety rule and no regulation under a section referred to in subparagraph (A) may be adopted by the Commission before the thirtieth day after the date the proposed rule or regulation upon which such rule or regulation was based was transmitted pursuant to subparagraph (A). "(2) Paragraph (1) does not apply with respect to a regulation under section 2(q) of the Federal Hazardous Substances Act respecting a hazardous substance the distribution of which is found under paragraph (2) of such section to present an imminent hazard or a regulation under section 3(e) of such Act respecting a toy or other article intended for use by children the distribution of which is found under paragraph (2) of such section to present an imminent hazard.".

Proposed safety rules and regulations; transmittal to congressional committees. 15 USC 1261, 1262, 1472. 15 USC 1193.

Children's toys.

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