Opinion 1983 Pt.1

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§1261 under Effect upon Federal and State Law] . The procedure is set forth in 16 C.F.R. Section 1500.7(e). However before any further labeling requirements regarding possible health hazards caused by prolonged inhalation can be imposed by the CPSC, evidence showing "reasonable grounds" for declaring that the inhalation of alkyl nitrites results in injury or illness must be presented [c.f. 16 C.F.R. §1500. 201(a), 16 C.F.R. §15004]. So far there is no such evidence .
Z 9 II Imposition of a Ban
...As mentioned above, the Consumer Product Safety Commission regulates alkyl nitrites under the provisions of the Federal Hazardous Substances Act. This act is specifically designed to eliminate differing local regulations that would place an undue burden on interstate commerce. Hence the act preempts many forms of local regulation. However, the regulatory rules specifically allow the imposition of bans on household products by state and local jurisdictions. 16 C.F.R. §1500. 7(d) states: Federal preemption does not apply to a state or local ban on a household product.

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