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15 U.S.C. § 1275 — Toxicological Advisory Board

submitted 48 years ago by Pub. L. 86-613 to r/title-15-COMMERCE-AND-TRADE · 643 words · no verdicts yet

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The Commission must establish a nine-member Toxicological Advisory Board to advise it about precautionary labeling and certain labeling exemptions. The Board reviews scientific changes and recommends revisions, and it ends six years after creation.

(a)(1) Within 180 days after November 10, 1978, the Commission must establish, under subsection (b), a Toxicological Advisory Board, called the “Board” here, to advise on precautionary labels for hazardous substances. The Board gives scientific and technical advice about (A) proper labels under sections 1261(p)(1) and 1262(b), especially (i) required precautionary measures, (ii) the required hazard statement, and (iii) first-aid instructions; and (B) exemptions from this chapter's labeling requirements allowed under section 1262(c). (2) The Board must review the Commission's labeling requirements and guidelines under sections 1261(p)(1) and 1262(b). Within one year after establishment, it must send the Commission appropriate revision recommendations, including general recommendations that could help the Commission. It must periodically review those requirements and guidelines for relevant scientific changes and revise its general recommendations accordingly.
(b)(1) The Board has nine members appointed by the Commission. Each must have training and experience in fields relevant to the Board's work, and at least three must belong to the American Board of Medical Toxicology. The Board elects its Chair from its members. (2) Members serve three-year terms and may be reappointed. (3) A vacancy is filled the same way as the original appointment; a replacement serves only the rest of the predecessor's term. (4) The Board meets at times and places set by the Commission in consultation with the Chair, at least twice each year. (5) A member who is not a United States officer or employee may receive Commission-set compensation, no more than the daily equivalent of GS-18 basic pay under section 5332 of title 5, for Board meetings, conferences, or other Board business. While away from home or the regular workplace, the member may receive travel expenses, including a subsistence per diem, as intermittent Government employees may under section 5703(b) of title 5. Receiving these payments does not make a Board member a United States officer or employee.
(c) The Board ends six years after the date it is established.

the actual law source: uscode.house.gov ↗public domain
(a) Establishment; functions; review and recommendations
(1)

Within 180 days after November 10, 1978, the Commission shall establish, in accordance with subsection (b), a Toxicological Advisory Board (hereinafter in this section referred to as the “Board”) to advise the Commission on precautionary labeling for hazardous substances. The Board shall provide scientific and technical advice to the Commission concerning—

(A)

proper labeling under sections 1261(p)(1) and 1262(b) of this title, with special attention to—

(i)

the description of precautionary measures required under section 1261(p)(1)(F) of this title;

(ii)

the statement describing the hazards associated with a hazardous substance as required under section 1261(p)(1)(E) of this title; and

(iii)

instructions for first-aid treatment under section 1261(p)(1)(G) of this title; and

(B)

the exemption of certain substances from labeling requirements under this chapter as permitted under section 1262(c) of this title.

(2)

In carrying out its duties under paragraph (1)(A), the Board shall review any labeling requirements or guidelines which have been established by the Commission under section 1261(p)(1) or 1262(b) of this title. Based upon its review the Board shall develop and submit to the Commission, within one year after the date that the Board is established, any recommendations for revisions in such labeling requirements or guidelines which the Board considers to be appropriate, including any general recommendations which may be of assistance to the Commission in carrying out its responsibilities under section 1261(p)(1) or 1262(b) of this title. The Board shall periodically review the labeling requirements and guidelines established by the Commission under such sections to determine whether such requirements and guidelines reflect relevant changes in scientific knowledge and shall revise any general recommendations submitted to the Commission under this paragraph to reflect such changes.

(b) Membership; appointment; qualifications; Chairman; term of office; reappointment; vacancies; meetings; compensation and travel expenses; Federal nonemployee status
(1)

The Board shall be composed of nine members appointed by the Commission. Each member of the Board shall be qualified by training and experience in one or more fields applicable to the duties of the Board, and at least three of the members of the Board shall be members of the American Board of Medical Toxicology. The Chairman of the Board shall be elected by the Board from among its members.

(2)

The members of the Board shall be appointed for terms of three years. Members of the Board may be reappointed.

(3)

Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall serve only for the remainder of such term.

(4)

The Board shall meet at such times and places as may be designated by the Commission in consultation with the Chairman, but not less than two times each year.

(5)

Members of the Board who are not officers or employees of the United States shall, while attending meetings or conferences of the Board or while otherwise engaged in the business of the Board, be entitled to receive compensation at a rate fixed by the Commission, not exceeding the daily equivalent of the annual  rate  of  basic  pay  payable  for  grade GS–18 of the General Schedule under section 5332 of title 5. While away from their homes or regular places of business, such members may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed under section 5703(b) 1 of such title. Individuals serving as members on the Board shall not be considered officers or employees of the United States by reason of receiving payments under this paragraph.

(c) Termination

The Board shall terminate on the date six years after the date it is established under this section.

Source credit: (Pub. L. 86–613, § 20, as added Pub. L. 95–631, § 10, Nov. 10, 1978, 92 Stat. 3747; amended Pub. L. 110–314, title II, § 204(b)(4)(H), (I), Aug. 14, 2008, 122 Stat. 3042.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 86-613 · 92 Stat. 3747
  • 2008Amended · Pub. L. 110-314 · 122 Stat. 3042

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-613 on 1978-11-10.

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