TITLE V-SENTENCING AFTER CONVICTION

FOR VIOLATION OF LAW RELATING TO NARCOTIC DRUGS OR MARIHUANA1

1 Superseded by Controlled Substances Act.

42 U.S.C. 3402

TITLE VI-MISCELLANEOUS PROVISIONS

SEC. 601.1✶✶

SEC. 602. The Surgeon General and the Attorney General are authorized to give representatives of States and local subdivisions thereof the benefit of their experience in the care, treatment, and rehabilitation of narcotic addicts so that each State may be encouraged to provide adequate facilities and personnel for the care and treatment of narcotic addicts in its jurisdiction.

SEC. 603.1 ***

SEC. 604. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

SEC. 605. Title I of this Act shall take effect three months after the date of its enactment, and shall apply to any case pending in a district court of the United States in which an appearance has not been made prior to such effective date. Titles II and V of this Act shall take effect three months after the date of its enactment and shall apply to any case pending in any court of the United States in which sentence has not yet been imposed as of such effective date. Title III of this Act shall take effect three months after the date of its enactment. SEC. 606. The provisions of this Act shall be subject to the provisions of Reorganization Plan No. 3 of 1966.2 SEC. 607. There are authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

1 Amends other laws.

2 Reorganization Plan No. 3 of 1966 transferred all statutory powers and functions of the Surgeon General, and other officers of the Public Health Service, to the Secretary of Health, Education, and Welfare. The provisions of this Act should be read in the light of this transfer of statutory functions.

(192)

FEDERAL HAZARDOUS SUBSTANCES ACT

NOTE. See section 30 of the Consumer Product Safety Act (P.L. 92-573 (p. 289) which transferred the functions of the Secretary of Health, Education, and Welfare under the Federal Hazardous Šubstances Act and the Poison Prevention Packaging Act of 1970 to the Consumer Product Safety Commission and transferred the functions of that Secretary, the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics Act to that Commission.

FEDERAL HAZARDOUS SUBSTANCES ACT

SHORT TITLE

SECTION 1. This Act may be cited as the "Federal Hazardous Substances Act".

DEFINITIONS

SEC. 2. For the purposes of this Act

(a) The term "territory" means any territory or pos- 15 U.S.C. 1261 session 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 between 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 "Department" means the Department of Health, Education, and Welfare.

(d) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(e) The term "person" includes an individual, partnership, 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, heat, 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 Secretary 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 Secretary determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this Act in order to protect the public health.