Page:United States Statutes at Large Volume 94 Part 2.djvu/778

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2056

PUBLIC LAW 96-463—OCT. 15, 1980 LABELING OF CERTAIN OIL

42 USC 6914a.

"SEC. 2005. For purposes of any provision of law which requires the labeling of commodities, lubricating oil shall be treated as lawfully labeled only if it bears the following statement, prominently displayed: "'DON'T POLLUTE—CONSERVE RESOURCES; RETURN USED OIL TO COLLECTION CENTERS'.". (b) The table of contents for such subtitle B of title II of the Solid Waste Disposal Act is amended by inserting the following new item immediately after the item relating to section 2004 and by redesignating the items relating to sections 2005 and 2006 as 2006 and 2007, respectively: "Sec. 2005. Labeling of certain oil.".

Labeling standards, applicability. 42 USC 6363 note. 42 USC 6363.

(c) Before the effective date of the labeling standards required to be prescribed under section 383(d)(l)(A) of the Energy Policy and Conservation Act, no requirement of any rule or order of the Federal Trade Commission may apply, or remain applicable, to any container of recycled oil (as defined in section 383(b) of such Act) if such requirement provides that the container must bear any label referring to the fact that it has been derived from previously used oil. Nothing in this subsection shall be construed to affect any labeling requirement applicable to recycled oil under any authority of law to the extent such requirement relates to fitness for intended use or any other performance characteristic of such oil or to any characteristic of such oil other than that referred to in the preceding sentence. ASSISTANCE TO STATES

42 USC 6943.

SEC. 5. (a) Section 4003 of the Solid Waste Disposal Act is amended by striking out "Minimum" in the heading thereof. (b) Such section 4003 is further amended by inserting "(a) MINIMUM REQUIREMENTS.—" after "4003" and by adding the following new subsection at the end thereof: "(b) DISCRETIONARY PLAN PROVISIONS RELATING TO RECYCLED OIL.—

Ante, p. 2055.

Any State plan submitted under this subtitle may include, at the option of the State, provisions to carry out each of the following: "(1) Encouragement, to the maximum extent feasible and consistent with the protection of the public health and the environment, of the use of recycled oil in all appropriate areas of State and local government. "(2) Encouragement of persons contracting with the State to use recycled oil to the maximum extent feasible, consistent with protection of the public heedth and the environment. "(3) Informing the public of the uses of recycled oil. "(4) Establishment and implementation of a program (including any necessary licensing of persons and including the use, where appropriate, of manifests) to assure that used oil is collected, transported, treated, stored, reused, and disposed of, in a manner which does not present a hazard to the public health or the environment. Any plan submitted under this title before the date of the enactment of the Used Oil Recycling Act of 1980 may be amended, at the option of the State, at any time after such date to include any provision referred to in this subsection.".