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15 U.S.C. § 1473 — Conventional packages, marketing
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-15/section-1473-conventional-packages-marketing--1374c7421b.md
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Source location: Title 15, Chapter 39A, § 1473; chapter-39a-special-packaging-of-household-substances-for-protection-of-children.md
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**(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 size packages which comply with such standard, it may, after giving the manufacturer (or packer) an opportunity to comply with the purposes of this Act, by order require such substance to be packaged by such manufacturer (or packer) exclusively in special packaging complying with such standard if it finds, after opportunity for hearing, that such exclusive use of special packaging is necessary to accomplish the purposes of this Act.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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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Federal law — U.S. Code and appendices · legal_authorities
Page 1418
TITLE 15—COMMERCE AND TRADE
§ 1473
(A) authority under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) and the Family Smoking Prevention
and Tobacco Control Act (Public Law 111–31)
and the amendments made by such Act; and
(B) authority for the rulemaking entitled
‘‘Deeming Tobacco Products to Be Subject
to the Federal Food, Drug, and Cosmetic
Act, as Amended by the Family Smoking
Prevention and Tobacco Control Act; regula-
tions on the Sale and Distribution of To-
bacco Products and the Required Warning
Statements for Tobacco Products’’ (April
2014) (FDA–2014–N–0189), the rulemaking en-
titled ‘‘Nicotine Exposure Warnings and
Child-Resistant Packaging for Liquid Nico-
tine, Nicotine-Containing E-Liquid(s), and
Other
Tobacco
Products’’
(June
2015)
(FDA–2015–N–1514), and subsequent actions
by the Secretary regarding packaging of liq-
uid nicotine containers.
(2) Consultation
If the Secretary of Health and Human Serv-
ices adopts, maintains, enforces, or imposes or
continues in effect any packaging requirement
for liquid nicotine containers, including a
child-resistant packaging requirement, the
Secretary shall consult with the Commission,
taking into consideration the expertise of the
Commission in implementing and enforcing
this section and the Poison Prevention Pack-
aging Act of 1970 (15 U.S.C. 1471 et seq.).
(c) Applicability
Notwithstanding section 2052(a)(5) of this title
and section 1261(f)(2) of this title, the require-
ment of subsection (a) shall be treated as a
standard for the special packaging of a house-
hold substance established under section 3(a) of
the Poison Prevention Packaging Act of 1970 (15
U.S.C. 1472(a)).
(d) Definitions
In this section:
(1) Commission
The term ‘‘Commission’’ means t
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