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(b) Meats and meat food products shall be exempt from the provisions of this Act to the extent of the application or the extension thereto of the Meat Inspection Act, approved March 4, 1907, as amended (U.S.C., 1946 ed., title 21, secs. 71-96; 34 Stat. 1260 et seq.).

[SEC. 7. Public Law 85-929 (21 U.S.C. 451 note): Nothing in this Act shall be construed to exempt any meat or meat food product or any person from any requirement imposed by or pursuant to the Poultry Products Inspection Act (21 U.S.C. 451 and the following) or the Meat Inspection Act of March 4, 1907, 34 Stat. 1260, as amended and extended (21 U.S.C. 71 and the following).]

(c) 39 Nothing contained in this Act shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of section 351 of Public Health Service Act (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832-833); the Filled Cheese Act of June 6, 1896 (U.S.C., 1946 ed., title 26, ch. 17, secs. 2350-2362); the Filled Milk Act of March 4, 1923 (U.S.C. 1946 ed., title 21, ch. 3, secs. 61-64); or the Import Milk Act of February 15, 1927 (U.S.C., 1946 ed., title 21, ch. 4, secs. 141-149).

(Approved June 25, 1938.)

Sec. 902(c) amended by sec. 107 of P.L. 90-399. Nothing in the amendments made by the Drug Amendments of 1962 to the Federal Food. Drug, and Cosmetic Act shall be construed as invalidating any provision of State law which would be valid in the absence of such amendments unless there is a direct and positive conflict between such amendments and such provision of State law.

[Excerpt from P.L. 88-136, October 11, 1963]

REVOLVING FUND FOR CERTIFICATION AND OTHER SERVICES

For the establishment of a revolving fund for certification and other services, there is hereby appropriated the aggregate of fees (including advance deposits to cover such fees) paid during the fiscal year 1964, and each succeeding fiscal year, for services in connection with the listing, certification, or inspection of certain products and the establishment of tolerances for pesticides, in accordance with sections 406, 408, 506, 507, 702A, and 706 of the Federal Food, Drug, and Cosmetic Act, as amended 21 U.S.C. 346a, 356, 357, 372a, and 376), and the unexpended balance of such fees (or advance deposits) heretofore appropriated shall be credited to such revolving fund. This fund shall be available without fiscal year limitation for salaries and expenses necessary to carry out the Secretary's responsibilities in connection with such listings, certifications, inspections, or establishment of tolerances, including the conduct of scientific research, development of methods of analysis, purchase of chemicals, fixtures, furniture, and scientific equipment and apparatus; expenses of advisory committees; refund of advance deposits for which no services have been rendered: Provided, That any supplies, furniture, fixtures, and equipment on hand or on order on June 30, 1963, and purchased or ordered under appropriations for "Salaries and Expenses, Certification, Inspection, and Other Services," shall be used to capitalize the revolving fund.

FEDERAL HAZARDOUS SUBSTANCES ACT,

AS AMENDED

FEDERAL HAZARDOUS SUBSTANCES ACT

SHORT TITLE

SECTION 1.1 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:

2

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.

This title was changed from the Federal Hazardous Substances Labeling Act by sec. 5 of P.L. 89-756.

* Subpar. 1(A) amended by sec. 3(a) of P.L. 91–113.

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