With Statutory Labeling Requirements

For the most part, the labeling requirements of the FHSA are self-executing. The statute fully defines misbranded hazardous substance , and thus imposes labeling requirements directly upon the manufacturer. Failure to meet those 

That initial determination, however, does not fully control whether labeling is required for this purpose a further inquiry under the if clause is necessary. For example, a product may be toxic within the definition of that term in the Act and the regulations issued by the CPSC, but the manufacturer must still determine whether, in accordance with the if clause, the product may cause substantial personal injury or substantial illness as a result of foreseeable handling or use. In making this ultimate decision, the manufacturer is free to seek the advice of the CPSC if it wishes, but it is not required to do so, and if the CPSC disagrees with its conclusion, the question must be resolved by a court in an appropriate enforcement proceeding. 

CPSC Authority to Designate Hazardous Substances by Regulation or Prescribe Special Labeling Requirements 

While the FHSA s labeling requirements are primarily self-executing, the statute does authorize the Commission to issue implementing regulations in certain narrow but important circumstances. 

Section 3(a) of the FHSA empowers the Commission, by regulation, to declare that specific articles qualify as hazardous substances under Section 2(f)l(A). This power may be exercised whenever, in the Commission s judg- 

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Labeling and advertising compliance with statutory requirements... 

The CWA is a shorter statutory label for the FWPCA of 1948 [PJL. 80-845] and its subsequent amendments enacted through 1996, with changes via revisions or amendments in 1956, 1961, 1965, 1966, 1970, 1972, 1977, 1981, and 1987, 1988, 1990-1992, 1994, 1995, and 1996. The label Clean Water Act was made official in 1977 with The Clean Water Act of 1977 [P.L. 95—217]. The name principally attaches to the major 1972 reorganization of the FWPCA [P.L. 92-500] and is codified under Title 33 [33 U.S.C. 1251-1387], The 1972 changes were extensive (1) required all municipal and industrial effluents be treated before discharge to pubhc waters (2) provided financial assistance to build public treatment plants and (3) delegated to states the routine implementation of the act and simultaneously increased the Federal role. 

Substanees hazardous to health inelude substanees labelled as dangerous (i.e. very toxie, toxie, harmful, irritant or eoiTosive) under any other statutory requirements, agrieultural pestieides and other ehemieals used on farms, and substanees with oeeupational exposure limits. They inelude harmful miero-organisms and substantial quantities of dust. Indeed any material, mixture or eompound used at work, or arising from work aetivities, whieh ean harm people s health is apparently eovered. 

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