Page:United States Statutes at Large Volume 96 Part 2.djvu/703

 PUBLIC LAW 97-414—JAN. 4, 1983

96 STAT. 2065

^ "(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)(l) 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". (1) 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 the following: "(e) For purposes of this section (1) the term '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' immediately after 'on Commerce', and".

95 Stat. 721. "Manufacturer."

95 Stat. 721. i^ USC 2064.

STUDY

SEC. 10. Of the funds available under section 706 of the Energy Security Act, there shall be made available $800,000 for the costs of 42 USC 8905. a grant or contract for a study of the water quality of the Quabbin Reservoir in Massachusetts. PATENT TERM EXTENSION

SEC. 11. (a) Title 35, United States C!ode, is amended by adding the following new section: "§ 155. Patent term extension "Notwithstanding the provisions of section 154, the term of a patent which encompasses within its scope a composition of matter or a process for using such composition shall be extended if such composition or process has been subjected to a regulatory review by the Federal Food and Drug Administration pursuant to the Federal Food, Drug, and Cosmetic Act leading to the publication of regulation permitting the interstate distribution and sale of such composition or process and for which there has thereafter been a stay of regulation of approval imposed pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act which stay was in effect on January 1, 1981, by a length of time to be measured from the date such stay of regulation of approval was imposed until such proceedings are finally resolved and commercial marketing permitted. The patentee, his heirs, successors or assigns shall notify the Commissioner of Patents and Trademarks within ninety days of the date of enactment of this section or the date the stay of regulation of approval has been removed, whichever is later, of the number of the patent to be extended and the date the stay was imposed and the date commercial marketing was permitted. On receipt of such notice, the Commissioner shall promptly issue to the owner of record

35 USC 155. 35 USC 154.

21 USC 301. 21 USC 348.

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