Page:United States Statutes at Large Volume 90 Part 1.djvu/560

 90 STAT. 510

PUBLIC LAW 94-284—MAY 11, 1976 INFORMATION

15 USC 2055.

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DISCLOSURE

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OTHER

GOVERNMENTAL

BODIES

SEC. 15. Section 29 of the Consumer Product Safety Act (15 U.S.C. 2078) is amended by adding at the end thereof the following new subsection: "(e) The Commission may provide to another Federal agency or a State or local agency or authority engaged in activities relating to health, safety, or consumer protection, copies of any accident or investigation report made under this Act by any officer, employee, or agent or the Commission only if (1) information which under section 6(a)(2) is to be considered confidential is not included in any copy of such report which is provided under this subsection; and (2) each Federal agency and State and local agency and authority which is to receive under this subsection a copy of such report provides assurances satisfactory to the Commission that the identity of any injured person and any person who treated an injured person will not, without the consent of the person identified, be included in— " (A) any copy of any such report, or "(B) any information contained in any such report, which the agency or authority makes available to any member of the public. No Federal agency or State or local agency or authority may disclose to the public any information contained in a report received by the agency or authority under this subsection unless with respect to such information the Commission has complied with the applicable requirements of section 6(b).". JURISDICTION UNDER CONSUMER PRODUCT SAFETY ACT

SEC. 16. Section 30(d) of the Consumer Product Safety Act (15 U.S.C. 2079(d)) is amended to read as follows: "(d) A risk of injury which is associated with a consumer product and which could be eliminated or reduced to a sufficient extent by 15 USC 1261 action under the Federal Hazardous Substances Act, the Poison "^*Prevention Packaging Act of 1970, or the Flammable Fabrics Act t T101 t '^^y ^® regulated under this Act only if the Commission by rule finds no e, no e. ^j^^^ ^^ -^ ^^ ^^^ public interest to regulate such risk of injury under this Act. Such a rule shall identify the risk of injury proposed to be regulated under this Act and shall be promulgated in accordance with /." section 553 of title 5, United States Code; except that the period to be provided by the Commission pursuant to subsection (c) of such section for the submission of data, views, and arguments respecting the rule shall not exceed thirty days from the date of publication pursuant to subsection (b) of such section of a notice respecting the rule.". EFFECT ON STATE LAW

15 USC 1261 note. 15 USC 1261, 1262.

SEC. 17. (a) Section 18(b) of the Federal Hazardous Substances Act is amended to read as follows: " (b)(1)(A) Except as provided in paragraphs (2) and (3), if a hazardous substance or its packaging is subject to a cautionary labeling requirement under section 2(p) or 3 (b) designed to protect against a risk of illness or injury associated with the substance, no State or political subdivision of a State may establish or continue in effect a cautionary labeling requirement applicable to such substance or packaging and designed to protect against the same risk of illness or injury unless such cautionary labeling requirement is identical to the labeling requirement under section 2(p) or 3 (b).

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