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15 U.S.C. § 1472 — Special packaging standards

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1472 — Special packaging standards

**(a) Establishment** The Commission,11 Comma retained in amendment by Pub. L. 97–414. may establish in accordance with the provisions of this Act, by regulation, standards for the special packaging of any household substance if it finds that— (1) the degree or nature of the hazard to children in the availability of such substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and (2) the special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance. **(b) Considerations** In establishing a standard under this section, the Commission shall consider— (1) the reasonableness of such standard; (2) available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances; (3) the manufacturing practices of industries affected by this Act; and (4) the nature and use of the household substance. **(c) Publication of findings, reasons, and citation of statutory authorizations** In carrying out this Act, the Commission shall publish its findings, its reasons therefor, and citation of the sections of statutes which authorize its action. **(d) Limitation** Nothing in this Act shall authorize the Commission to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in [section 1473(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1473/a/2&num=0&edition=prelim), labeling. In this case of a household substance for which special packaging is required purs

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Source location: Title 15, Chapter 39A, § 1472; chapter-39a-special-packaging-of-household-substances-for-protection-of-children.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1471 — Definitions

For the purpose of this Act— (1) The term “Commission” means the Consumer Product Safety Commission. (2) The term “household substance” means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is— (A) a hazardous substance as that term is defined in [section 1261(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f&num=0&edition=prelim); (B) a food, drug, or cosmetic as those terms are defined in [section 321 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim); or (C) a substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house. (3) The term “package” means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of [section 1473(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1473/a/2&num=0&edition=prelim), also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not include— (A) any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof, or (B) any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping. (4) The term “special packaging” means packaging that is designed or

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1475 — Repealed. Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716

### Statutory Notes Section, Pub. L. 91–601, § 6, Dec. 30, 1970, 84 Stat. 1672, provided for appointment of a technical advisory committee to assist the Secretary in carrying out the purposes of the Poison Prevention Packaging Act of 1970. #### Effective Date of Repeal Repeal effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under [section 2052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2052&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1473 — Conventional packages, marketing

**(a) Noncomplying packages for elderly or handicapped persons; labeling statements** For the purpose of making any household substance which is subject to a standard established under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1472&num=0&edition=prelim) readily available to elderly or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if— (1) the manufacturer (or packer) also supplies such substance in packages which comply with such standard; and (2) the packages of such substance which do not meet such standard bear conspicuous labeling stating: “This package for households without young children”; except that the Commission may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate such labeling. **(b) Noncomplying packages for substances dispensed pursuant to orders of medical practitioners** In the case of a household substance which is subject to such a standard and which is dispensed pursuant to an order of physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in such order or when requested by the purchaser. **(c) Exclusive use of special packaging; necessary circumstances** In the case of a household substance subject to such a standard which is packaged under subsection (a) in a noncomplying package, if the Commission determines that such substance is not also being supplied by a manufacturer (or packer) in popular

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1474 — Regulations for special packaging standards

**(a) Rule making procedure; election and application of procedure under [section 371 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section371&num=0&edition=prelim); publication of election and proposal** Proceedings to issue, amend, or repeal a regulation prescribing a standard under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1472&num=0&edition=prelim) shall be conducted in accordance with the procedures prescribed by section 553 (other than paragraph (3)(B) of the last sentence of subsection (b) of such section) of title 5 unless the Commission elects the procedures prescribed by subsection (e) of [section 371 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section371&num=0&edition=prelim), in which event such subsection and subsections (f) and (g) of such section 371 shall apply to such proceedings. If the Commission makes such election, it shall publish that fact with the proposal required to be published under paragraph (1) of such subsection (e). **(b) Judicial review; petition; record; additional evidence; jurisdiction of court of appeals; scope of review; relief pending review; finality of judgment; review by Supreme Court** (1) In the case of any standard prescribed by a regulation issued in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), any person who will be adversely affected by such a standard may, at any time prior to the 60th day after the regulation prescribing such standard is issued by the Commission, file a petition with the United States Court of Appeals for the circuit in which such person resides or has his principal place

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1476 — Preemption of Federal standards

**(a) Exception for identical State standards** Except as provided in subsections (b) and (c), whenever a standard established by the Commission under this Act applicable to a household substance is in effect, no State or political subdivision thereof shall have any authority either to establish or continue in effect, with respect to such household substance, any standard for special packaging (and any exemption therefrom and requirement related thereto) which is not identical to the standard established under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1472&num=0&edition=prelim) (and any exemption therefrom and requirement related thereto) of this Act. **(b) Federal or State standards which afford a higher degree of protection** The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect, with respect to a household substance for its own use, a standard for special packaging or related requirement which is designed to protect against a risk of illness or injury with respect to which a standard for special packaging or related requirement is in effect under this Act and which is not identical to such standard or requirement if the Federal, State, or political subdivision standard or requirement provides a higher degree of protection from such risk of illness or injury than the standard or requirement in effect under this Act. **(c) Exemption for State standards; requirements; determination of burden on interstate commerce; notice and hearing** (1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions a

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1477 — Enforcement by State Attorneys General

The attorney general of a State, or other authorized State officer, alleging a violation of a standard or rule promulgated under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1472&num=0&edition=prelim) that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. The procedural requirements of [section 2073(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2073/b&num=0&edition=prelim) shall apply to any such action.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1472 — Special packaging standards

Page 1417 TITLE 15—COMMERCE AND TRADE § 1472a 1 Comma retained in amendment by Pub. L. 97–414. provisions set out as a note under section 1472a of this title] may be cited as the ‘Child Nicotine Poisoning Prevention Act of 2015’.’’ SHORT TITLE Pub. L. 91–601, § 1, Dec. 30, 1970, 84 Stat. 1670, provided that: ‘‘This Act [enacting this chapter, section 135(z)(2)(i) of Title 7, Agriculture, and sections 343(n), 352(p), and 362(f) of Title 21, Food and Drugs, amending section 1261(p) of this title and section 353(b)(2) of Title 21, and enacting provisions set out as a note under this section] may be cited as the ‘Poison Prevention Pack- aging Act of 1970’.’’ TRANSFER OF FUNCTIONS ‘‘Commission’’ substituted for ‘‘Secretary’’ and ‘‘Con- sumer Product Safety Commission’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in par. (1) pursuant to section 30(a) of Pub. L. 92–573, which is classified to section 2079(a) of this title and which transferred functions of Secretary of Health, Edu- cation, and Welfare under this chapter to Consumer Product Safety Commission. § 1472. Special packaging standards (a) Establishment The Commission,1 may establish in accordance with the provisions of this Act, by regulation, standards for the special packaging of any household substance if it finds that— (1) the degree or nature of the hazard to chil- dren in the availability of such substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness re- sulting from handling, using, or ingesting such substance; and (2) the special packaging to be required by such standard is technically feasible, prac- ticable, and appropriate for such substance. (b) Consideratio

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