periods to violations related to specified provisions of this Act, or to specified kinds of hazardous substances or packages thereof."

SHORT TITLE OF 1969 AMENDMENT

Section 1 of Pub. L. 91-113 provided that: "This Act [which enacted section 1274 of this title, amended this section and section 1262 of this title, enacted provisions set out as notes under this section, and amended provisions set out as notes under this section and former section 401 of this title] may be cited as the 'Child Protection and Toy Safety Act of 1969'."

SHORT TITLE OF 1966 AMENDMENT

Section 1 of Pub. L. 89-756 provided that: "This title [which amended this section and sections 1262, 1263, 1264, 1265, 1273, and note set out under this section] may be cited as the 'Child Protection Act of 1966'."

SHORT TITLE

Section 1 of Pub. L. 86-613, as amended by section 5 of Pub. L. 89-756, provided that Pub. L. 86-613, which added this chapter, repealed sections 401-411 of this title, and enacted notes set out under this section, may be cited as the "Federal Hazardous Substances Act".

SEPARABILITY OF PROVISIONS

Pub. L. 86-613, § 16, formerly § 15, July 12, 1960, 74 Stat. 380, renumbered Pub. L. 91–113, § 4(a), Nov. 6, 1969, 83 Stat. 189, provided that: "If any provision of this Act [adding this chapter and repealing sections 401-411 of this title is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby."

EFFECT UPON FEDERAL AND STATE LAW

Pub. L. 86-613, § 18, formerly § 17, July 12, 1960, 74 Stat. 380, as amended Pub. L. 89-756, § 4 (a), Nov. 3, 1966, 80 Stat. 1305; renumbered and amended Pub. L. 91–113, § 4(a), (b)(1), Nov. 6, 1969, 83 Stat. 190, provided that: "(a) Nothing in this act [adding this chapter and repealing sections 401-411 of this title] shall be construed to modify or affect the provisions of the Flammable Fabrics Act, as amended (15 U.S.C. 1191-1200) [sections 1191-1204 of this title], or any regulations promulgated thereunder; or of chapter 39, title 18, United States Code, as amended (18 U.S.C. 831 et seq.), or any regulations promulgated thereunder or under sections 204 (a) (2) and 204 (a)(3) of the Interstate Commerce Act, as amended [section 304 (a)(2), (3) of Title 49] (relating to the transportation of dangerous substances and explosives by surface carriers); or of section 1716, title 18, United States Code, or any regulations promulgated thereunder (relating to mailing of dangerous substances); or of section 902 [section 1472 of Title 49] or regulations promulgated under section 601 of the Federal Aviation Act of 1958 [section 1421 of Title 49] (relating to transportation of dangerous substances and explosives in aircraft); or of the Federal Food, Drug, and Cosmetic Act [chapter 9 of Title 21 or of the Public Health Service Act [chapter 6A of Title 42]; or of the Federal Insecticide, Fungicide, and Rodenticide Act [section 135 et seq. of Title 7]; or of the Dangerous Drug Act for the District of Columbia (70 Stat. 612), or the Act entitled 'An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes', approved May 7, 1906 (34 Stat. 175), as amended; or of any other Act of Congress, except as specified in section 19 [set out as a note under former sections 401-411 of this title].

"(b) It is hereby expressly declared that it is the intent of the Congress to supersede any and all laws of the States and political subdivisions thereof insofar as they may now or hereafter provide for the precautionary labeling of any substance or article intended or suitable for household use (except for those substances defined in sections 2(f) (2) and (3) of this Act) [subsec. (f) (2) and (3) of this section] which differs from the requirements or exemptions of this Act [chapter] or the regulations or interpretations promulgated pursuant thereto. Any law, regulation, or ordinance purporting to establish such a labeling requirement shall be null and void."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1262, 1471 of this title.

§ 1262. Regulations declaring hazardous substances; variations and exemptions; judicial review of determinations.

(a) (1) Whenever in the judgment of the Secretary such action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its .application, the Secretary may by regulation declare to be a hazardous substance, for the purposes of this chapter, any substance or mixture of substances which he finds meets the requirements of subparagraph (1)(A) of section 1261(f) of this title.

(2) Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall in all respects be governed by the provisions of section 371 (e), (f), and (g) of Title 21, except that

(A) the Secretary's order after public hearing (acting upon objections filed to an order made prior to hearing) shall be subject to the requirements of section 348 (f) (2) of Title 21; and

(B) the scope of judicial review of such order shall be in accordance with the fourth sentence of paragraph (2), and with the provisions of paragraph (3) of section 348 (g) of Title 21.

(b) If the Secretary finds that the requirements of section 1261 (p) (1) of this title are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, he may by regulation establish such reasonable variations or additional label requirements as he finds necessary for the protection of the public health and safety; and any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance.

(c) If the Secretary finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the Secretary shall promulgate regulations exempting such substance from these requirements to the extent he determines to be consistent with adequate protection of the public health and safety.

(d) The Secretary may exempt from the requirements established by or pursuant to this chapter any hazardous substance or container of a hazardous substance with respect to which he finds that adequate requirements satisfying the purposes of this chapter have been established by or pursuant to any other Act of Congress.

80 Stat. 1303, 1304; Pub. L. 91-113, § 2(b), Nov. 6, 1969, 83 Stat. 187.)

AMENDMENTS

1969 Subsec. (e). Pub. L. 91-113 added subsec. (e). 1966-Subsec. (b). Pub. L. 89-756, § 2(d), substituted "any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance" for "any container of such hazardous substance, intended or suitable for household use, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded package of a hazardous substance".

Subsec. (d). Pub. L. 89-756, § 2(e), inserted "hazardous substance or" preceding "container of a hazardous substance".

EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-113 effective on the sixtieth day following Nov. 6, 1969, see section 5 of Pub. L. 91113, set out as a note under section 1261 of this title.

NATIONAL COMMISSION ON PRODUCT Safety

Pub. L. 90-146, Nov. 20, 1967, 81 Stat. 466, as amended Pub. L. 91-51, Aug. 4, 1969, 83 Stat. 86, provided that:

"(a) There is hereby established a National Commission on Product Safety (hereinafter referred to as the 'Commission').

"(b) The Commission shall be composed of seven members appointed by the President from among persons who are specially qualified to serve on such Commission by virtue of their education, training, or experience. Not more than four members of the Commission may be members of the same political party.

"(c) Any vacancy in the Commission shall not affect its powers.

"(d) The President shall designate one of the members to serve as Chairman and one to serve as Vice Chairman of the Commission.

"(e) Four members of the Commission shall constitute a quorum.

"SEC. 2. [Duties of the Commission] (a) The Commission shall conduct a comprehensive study and investigation of the scope and adequacy of measures now employed to protect consumers against unreasonable risk of inJuries which may be caused by hazardous household products. Such study and investigation shall include consideration of the following:

"(1) the identity of categories of household products, except such products excluded in section 6, which may present an unreasonable hazard to the health and safety of the consuming public;

"(2) the extent to which self-regulation by industry affords such protection;

"(3) the protection against such hazardous products afforded at common law in the States, including the relationship of product warranty to such protection;

and

"(4) a review of Federal, State, and local laws relating to the protection of consumers against categories of such hazardous products, including the scope of coverage, the effectiveness of sanctions, the adequacy of investigatory powers, the uniformity of application, and the quality of enforcement.

"(b) As soon as practicable, the Commission shall publish in the Federal Register a list of the categories of household products which it proposes to study and investigate. The Commission shall afford an opportunity for any interested person to submit his views concerning any category of household product on the published list. "(c) The Commission may transmit to the President and to the Congress such interim reports as it deems advisable and shall transmit its final report to the President and to the Congress not later than June 30, 1970. Such final report shall contain a detailed statement of the findings and conclusions of the Commission together with its recommendations for such legislation as it deems appropriate.

"SEC. 3. [Powers of the Commission] (a) The Commission, or any two members thereof as authorized by the Commission, may conduct hearings anywhere in the

United States or otherwise secure data and expressions of opinions pertinent to the study. The Commission shall publish notice of any proposed hearing in the Federal Register and shall afford a reasonable opportunity for interested persons to present relevant testimony and data. In connection therewith the Commission is authorized by majority vote

"(1) to require, by special or general orders, corporations, business firms, and individuals to submit in writing such reports and answers to questions as the Commission may prescribe; such submission shall be made within such reasonable period and under oath or otherwise as the Commission may determine; "(2) to administer oaths;

"(3) to require by subpena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;

"(4) in the case of disobedience to a subpena or order issued under this subsection, to invoke the aid of any district court of the United States in requiring compliance with such subpena or order;

"(5) in any proceeding or investigation to order test!mony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths, and in such instances to compel testimony and the production of evidence in the same manner as authorized under paragraphs (3) and (4) of this subsection; and

"(6) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States.

"(b) Any district court of the United States within the Jurisdiction of which an inquiry is carried on may, in case of refusal to obey a subpena or order of the Commission issued under subsection (a) of this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof.

"(c) The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to carry out its functions under this joint resolution; and each such department, agency, or independent instrumentality is authorized to cooperate with the Commission and. to the extent permitted by law, to furnish such information to the Commission upon request made by the Chairman or the Vice Chairman when acting as Chairman.

"(d) The Commission is authorized to enter into contracts with Federal or State agencies, private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties.

"(e) (1) Except as provided in paragraph (2), when the Commission finds that publication of any information obtained by it is in the public interest and would not give an unfair competitive advantage to any person, it is authorized to publish such information in the form and manner deemed best adapted for public use, except that data and information which would separately disclose the business transactions of any person, trade secrets, or names of customers shall be held confidential and shall not be disclosed by the Commission or its staff: Provided, however, That the Commission shall permit business firms or individuals reasonable access to documents furnished by them for the purpose of obtaining or copying such documents as need may arise.

"(2) Prior to a finding by the Commission that the publication of any information with respect to any category of household product, is in the public interest and would not give an unfair competitive advantage to any person, the Commission shall (1) notify to the extent practicable all known manufacturers of any such products of such contemplated finding together with a synopsis of the information being considered for publication, and (11) afford an opportunity not longer than thirty days for any such manufacturer to submit views with respect to the contemplated publication.

"(f) The Commission is authorized to delegate any of Its functions to individual members of the Commission or to designate individuals on its staff and to make such rules and regulations as are necessary for the conduct of its business, except as herein otherwise provided. "SEC. 4. [Compensation of members of the Commis

sion] Each member of the Commission may receive compensation at the rate of $100 for each day such member is engaged upon work of the Commission, and shall be reimbursed for travel expenses, including per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. "SEC. 5. [Administration] (a) The Commission is authorized, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, to appoint and fix the compensation of an Executive Director and the Executive Director, with the approval of the Commission, may employ and fix the compensation of such additional personnel as may be necessary to carry out the functions of the Commission, but no individual so appointed shall receive compensation in excess of the rate authorized for GS-18 by section 5332 of such title.

"(b) The Executive Director, with the approval of the Commission, is authorized to obtain services in accordance with the provisions of section 3109 of title 5, United States Code, but at rates for individuals not to exceed $100 per diem.

"(c) The head of any Federal agency is authorized to detail, on a reimbursable basis, any of its personnel to assist in carrying out the duties of the Commission under this joint resolution.

"(d) Financial and administrative services (including those related to budgeting and accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator of General Services. Regulations of the General Services Administration for the collection of indebtedness of personnel resulting from erroneous payments shall apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of said Administrator for the administrative control of funds shall apply to appropriations of the Commission, but the Commission shall not be required to prescribe such regulations.

"(e) Ninety days after submission of its final report, as provided in section 2(c), the Commission shall cease to exist

"SEC. 6. [Definition] As used in this joint resolution, the term 'household products' means products customarily produced or distributed for sale through retail sales agencies or instrumentalities for use by a consumer or any member of his family in or around the household. Such term does not include products which are subject to regulations prescribed under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) the Flammable Fabrics Act (15 U.S.C. 1191 et seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Federal Hazardous Substances Labeling Act (15 U.S.C. 1261 et seq.), the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.), the Federal Firearms Act (15 U.S.C. 901 et seq.) [now covered by section 921 et seq. of Title 18], The National Firearms Act (26 U.S.C. 5801 et seq), and the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.).

"SEC. 7. [Authorization] There are authorized to be appropriated such sums, not to exceed $2,000,000, as may be necessary to carry out the provisions of this joint resolution."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1261 of this title.

§ 1263. Prohibited acts.

The following acts and the causing thereof are prohibited:

(a) The introduction or delivery for introduction into interstate commerce of any misbranded hazardous substance or banned hazardous substance.

(b) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the

label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while the substance is in interstate commerce, or while the substance is held for sale (whether or not the first sale) after shipment in interstate commerce, and results in the hazardous substance being a misbranded hazardous substance or banned hazardous substance.

(c) The receipt in interstate commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise.

(d) The giving of a guarantee or undertaking referred to in section 1264(b)(2) of this title which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance.

(e) The failure to permit entry or inspection as authorized by section 1270(b) of this title or to permit access to and copying of any record as authorized by section 1271 of this title.

(f) The introduction or delivery for introduction into interstate commerce, or the receipt in interstate commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug, or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this paragraph, the terms "food", "drug", and "cosmetic" shall have the same meanings as in the Federal Food, Drug, and Cosmetic Act.

(g) The manufacture of a misbranded hazardous substance or banned hazardous substance within the District of Columbia or within any territory not organized with a legislative body.

(h) The use by any person to his own advantage, or revealing other than to the Secretary or officers or employees of the Department, or to the courts when relevant in any judicial proceeding under this chapter, of any information acquired under authority of section 1270 of this title concerning any method of process which as a trade secret is entitled to protection. (Pub. L. 86-613, § 4, July 12, 1960, 74 Stat. 375; Pub. L. 89-756, §§ 2(f), 3(b), Nov. 3, 1966, 80 Stat. 1304, 1305.)

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in par. (f), is classified to chapter 9 of Title 21, Food and Drugs.

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-756, §§ 2(f) (1), 3(b), substituted "misbranded hazardous substance or banned hazardous sustance" for "misbranded package of a hazardous substance".

Subsec. (b). Pub. L. 89-756, §§ 2(f) (2), 3(b), substituted "being a misbranded hazardous substance or banned hazardous substance" for "being in a misbranded package".

Subsec. (c). Pub. L. 89-756, §§ 2(f) (1), 3(b), substituted "misbranded hazardous substance or banned hazardous substance" for "misbranded package of a hazardous substance".

Subsec. (f). Pub. L. 89-756, § 2(f) (2), substituted "being a misbranded hazardous substance" for "being in a misbranded package".

Subsec. (g). Pub. L. 89–756, §§ 2(f) (1), 3(b), substltuted "misbranded hazardous substance or banned hazardous substance" for "misbranded package of a hazardous substance".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1264, 1265, 1273 of this title.

§ 1264. Penalties; exceptions.

(a) Any person who violates any of the provisions of section 1263 of this title shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $500 or to imprisonment for not more than ninety days, or both; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than $3,000, or both such imprisonment and fine.

(b) No person shall be subject to the penalties of subsection (a) of this section, (1) for having violated section 1263 (c) of this title, if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless he refuses to furnish on request of an officer or employee duly designated by the Secretary, the name and address of the person from whom he purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to him; or (2) for having violated section 1263 (a) of this title, if he establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this chapter; or (3) for having violated subsection (a) or (c) of section 1263 of this title in respect of any hazardous substance shipped or delivered for shipment for export to any foreign country, in a package marked for export on the outside of the shipping container and labeled in accordance with the specifications of the foreign purchaser and in accordance with the laws of the foreign country, but if such hazardous substance is sold or offered for sale in domestic commerce, this clause shall not apply. (Pub. L. 86-613, § 5, July 12, 1960, 74 Stat. 376; Pub. L. 89-756, §§ 2(g), 3(c), Nov. 3, 1966, 80 Stat. 1304, 1305.)

AMENDMENTS

1966 Subsec. (b). Pub. L. 89-756 substituted "a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms" for "in misbranded packages within the meaning of that term".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1263 of this title.

§ 1265. Seizures.

(a) Grounds and jurisdiction.

Any misbranded hazardous substance or banned hazardous substance when introduced into or while

in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce, or which may not, under the provisions of section 1263 (f) of this title, be introduced into interstate commerce, or which has been manufactured in violation of section 1263(g) of this title, shall be liable to be proceeded against while in interstate commerce or at any time thereafter, on libel of information and condemned in any district court in the United States within the jurisdiction of which the hazardous substance is found: Provided, That this section shall not apply to a hazardous substance intended for export to any foreign country if it (1) is in a package branded in accordance with the specifications of the foreign purchaser, (2) is labeled in accordance with the laws of the foreign country, and (3) is labeled on the outside of the shipping package to show that it is intended for export, and (4) is so exported.

(b) Procedure; multiplicity of pending proceedings. Such hazardous substance shall be liable to seizure by process pursuant to the libel, and the procedure in cases under this section shall conform, as nearly as may be, to the procedure in admiralty; except that on demand of either party any issue of fact joined in any such case shall be tried by jury. When libel for condemnation proceedings under this section, involving the same claimant and the same issues of misbranding, are pending in two or more jurisdictions, such pending proceedings, upon application of the United States or the claimant seasonably made to the court of one such jurisdiction, shall be consolidated for trial by order of such court, and tried in (1) any district selected by the applicant where one of such proceedings is pending; or (2) a district agreed upon by stipulation between the parties. If no order for consolidation is so made within a reasonable time, the United States or the claimant may apply to the court of one such jurisdiction, and such court (after giving the other party. the claimant, or the United States attorney for such district, reasonable notice and opportunity to be heard) shall by order, unless good cause to the contrary is shown, specify a district of reasonable proximity to the claimant's principal place of business, in which all such pending proceedings shall be consolidated for trial and tried. Such order of consolldation shall not apply so as to require the removal of any case the date for trial of which has been fixed. The court granting such order shall give prompt notification thereof to the other courts having jurisdiction of the cases covered thereby.

(c) Disposition of goods after decree of condemnation. Any hazardous substance condemned under this section shall, after entry of the decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this secton, direct and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States; but such hazardous substance shall not be sold under such decree contrary to the provisions of this chapter or the laws of the jurisdiction in which sold: Provided, That, after entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such hazardous sub

stance shall not be sold or disposed of contrary to the provisions of this chapter or the laws of any State or territory in which sold, the court may by order direct that such hazardous substance be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this chapter under the supervision of an officer or employee duly designated by the Secretary, and the expense of such supervision shall be paid by the person obtaining release of the hazardous substance under bond.

(d) Costs and fees.

When a decree of condemnation is entered against the hazardous substance, court costs and fees, and storage and other proper expenses, shall be awarded against the person, if any, intervening as claimant of the hazardous substance.

(e) Removal of case for trial.

In the case of removal for trial of any case as provided by subsection (b) of this section

(1) the clerk of the court from which removal is made shall promptly transmit to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction;

(2) the court to which such case is removed shall have the powers and be subject to the duties, for purposes of such case, which the court from which removal was made would have had, or to which such court would have been subject, if such case had not been removed.

(Pub. L. 86-613, § 6, July 12, 1960, 74 Stat. 376; Pub. L. 89-756, §§ 2(h), 3(d), Nov. 3, 1966, 80 Stat. 1304, 1305.)

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-756 substituted "Any misbranded hazardous substance or banned hazardous substance" for "Any hazardous substance that is in a misbranded package".

§ 1266. Hearing before report of criminal violation. Before any violation of this chapter is reported by the Secretary to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding. (Pub. L. 86-613, § 7, July 12, 1960, 74 Stat. 377.)

§ 1267. Injunctions; criminal contempt; trial by court or jury.

(a) The United States district courts and the United States courts of the territories shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this chapter.

(b) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceed

ings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. (Pub. L. 86613, § 8, July 12, 1960, 74 Stat. 378.)

FEDERAL RULES OF CIVIL PROCEDURE Generally, see Title 28, Appendix, Judiciary and Judicial Procedure.

FEDERAL RULES OF CRIMINAL PROCEDURE Generally, see Title 18, Appendix, Crimes and Criminal Procedure.

§ 1268. Proceedings in name of United States; subpenas.

All criminal proceedings and all libel or injunction proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States in any district may run into any other district in any such proceeding. (Pub. L. 86-613, § 9, July 12, 1960, 74 Stat. 378.)

§ 1269. Regulations.

(a) The authority to promulgate regulations for the efficient enforcement of this chapter, except as otherwise provided in this section, is vested in the Secretary.

(b) The Secretary of the Treasury and the Secretary of Health, Education, and Welfare shall jointly prescribe regulations for the efficient enforcement of the provisions of section 1273 of this title, except as otherwise provided therein. Such regulations shall be promulgated in such manner and take effect at such time, after due notice, as the Secretary of Health, Education, and Welfare shall determine. (Pub. L. 86-613, § 10, July 12, 1960, 74 Stat. 378.)

§ 1270. Examinations and investigations. (a) Authority to conduct.

The Secretary is authorized to conduct examinations, inspections, and investigations for the purposes of this chapter through officers and employees of the Department or through any health officer or employee of any State, territory, or political subdivision thereof, duly commissioned by the Secretary as an officer of the Department.

(b) Inspection; notice; samples.

For purposes of enforcement of this chapter, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for introduction into interstate commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such hazardous substances in interstate commerce; (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling therein; and (3) to obtain samples of such materials or packages there