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Title 15 — Commerce and TradeRelease 119-73not60

§1455 Procedure for Promulgation of Regulations

Title 15 › Chapter 39— FAIR PACKAGING AND LABELING PROGRAM › § 1455

Last updated Apr 3, 2026|Official source

Summary

Rules made under sections 1453 or 1454 must follow the same hearing, review, and court-review steps set out in subsections (e), (f), and (g) of section 371 of title 21. If the Secretary makes the rules, the Secretary or HHS staff chosen by the Secretary must run any required hearings. If the Commission makes the rules, the Commission or its chosen staff must run those hearings and the same review rules apply. The Secretary and the Commission may work with federal, state, territorial, or local agencies. No rule under this chapter can stop the continued use of returnable or reusable glass beverage containers or stop the orderly disposal of packages that were in inventory or with the trade on the effective date.

Full Legal Text

Title 15, §1455

Commerce and Trade — Source: USLM XML via OLRC

(a)Regulations promulgated by the Secretary under section 1453 or 1454 of this title shall be promulgated, and shall be subject to judicial review, pursuant to the provisions of subsections (e), (f), and (g) of section 371 of title 21. Hearings authorized or required for the promulgation of any such regulations by the Secretary shall be conducted by the Secretary or by such officer or employees of the Department of Health and Human Services as he may designate for that purpose.
(b)Regulations promulgated by the Commission under section 1453 or 1454 of this title shall be promulgated, and shall be subject to judicial review, by proceedings taken in conformity with the provisions of subsections (e), (f), and (g) of section 371 of title 21 in the same manner, and with the same effect, as if such proceedings were taken by the Secretary pursuant to subsection (a) of this section. Hearings authorized or required for the promulgation of any such regulations by the Commission shall be conducted by the Commission or by such officer or employee of the Commission as the Commission may designate for that purpose.
(c)In carrying into effect the provisions of this chapter, the Secretary and the Commission are authorized to cooperate with any department or agency of the United States, with any State, Commonwealth, or possession of the United States, and with any department, agency, or political subdivision of any such State, Commonwealth, or possession.
(d)No regulation adopted under this chapter shall preclude the continued use of returnable or reusable glass containers for beverages in inventory or with the trade as of the effective date of this Act, nor shall any regulation under this chapter preclude the orderly disposal of packages in inventory or with the trade as of the effective date of such regulation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of this Act, referred to in subsec. (d), refers to the

Effective Date

of Pub. L. 89–755 which enacted this chapter to take effect July 1, 1967. See

Effective Date

note set out under section 1451 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

“Department of Health and Human Services” substituted for “Department of Health, Education, and Welfare” in subsec. (a), pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1455

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60