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15 U.S.C. § 1475 — Repealed.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

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15 U.S.C. § 1475 — Repealed.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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Source location: Title 15, Chapter 39A, § 1475; 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. § 2052 — Definitions

**(a) In general** In this chapter: (1) **Appropriate Congressional committees** — The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) **Children’s product** — The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: (A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. (D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. (3) **Commerce** — The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim). (5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in

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

15 U.S.C. § 1475 — Repealed. Pub. L. 97–35, title XII, § 1205(c),

Page 1420 TITLE 15—COMMERCE AND TRADE § 1475 ‘‘Commission’’ substituted for ‘‘Secretary’’, ‘‘it’’ sub- stituted for ‘‘him’’ and ‘‘he’’, ‘‘its’’ substituted for ‘‘his’’, and ‘‘Commission’s’’ substituted for ‘‘Sec- retary’s’’ 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, Education, and Welfare under this chapter to Consumer Product Safety Commission. § 1475. Repealed. Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716 Section, Pub. L. 91–601, § 6, Dec. 30, 1970, 84 Stat. 1672, provided for appointment of a technical advisory com- mittee to assist the Secretary in carrying out the pur- poses of the Poison Prevention Packaging Act of 1970. Statutory Notes and Related Subsidiaries 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 Amend- ment note under section 2052 of this title. § 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 Commis- sion under this Act applicable to a household substance is in effect, no State or political sub- division 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 sec- tion 1472 of this title (and any exemption there- from 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 St

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