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

Page 1419 TITLE 15—COMMERCE AND TRADE § 1474 (b) Noncomplying packages for substances dis- pensed pursuant to orders of medical practi- tioners In the case of a household substance which is subject to such a standard and which is dis- pensed pursuant to an order of physician, den- tist, or other licensed medical practitioner au- thorized 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 sub- section (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. (Pub. L. 91–601, § 4, Dec. 30, 1970, 84 Stat. 1671; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231.) Editorial Notes REFERENCES IN TEXT For classification to the Code of ‘‘this Act’’, referred to in subsec. (c), see References in Text note set out under section 1471 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Commission’’ substituted for ‘‘Secretary’’ in sub- secs. (a) and (c) and ‘‘it’’ substituted for ‘‘he’’ in subsec. (c) 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. § 1474. Regulations for special packaging stand- ards (a) Rule making procedure; election and applica- tion of procedure under section 371 of title 21; publication of election and proposal Proceedings to issue, amend, or repeal a regu- lation prescribing a standard under section 1472 of this title 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, in which event such subsection and subsections (f) and (g) of such section 371 shall apply to such proceedings. If the Commission makes such elec- tion, 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; final- ity 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, any person who will be adversely af- fected 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 Ap- peals for the circuit in which such person resides or has his principal place of business for a judi- cial review of such standard. A copy of the peti- tion shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose. The Commis- sion shall file in the court the record of the pro- ceedings on which the Commission based its standard, as provided in section 2112 of title 28. (2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such addi- tional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evi- dence in rebuttal thereof) to be taken before the Commission in a hearing or in such other man- ner, and upon such terms and conditions, as to the court may seem proper. The Commission may modify its findings as to the facts, or make new findings, by reason of the additional evi- dence so taken, and it shall file such modified or new findings, and its recommendation, if any, for the modification or setting aside of its origi- nal standard, with the return of such additional evidence. (3) Upon the filing of the petition under para- graph (1) of this subsection the court shall have jurisdiction to review the standard of the Com- mission in accordance with subparagraphs (A), (B), (C), and (D) of paragraph (2) of section 706 of title 5. If the court ordered additional evidence to be taken under paragraph (2) of this sub- section, the court shall also review the Commis- sion’s standard to determine if, on the basis of the entire record before the court pursuant to paragraphs (1) and (2) of this subsection, it is supported by substantial evidence. If the court finds the standard is not so supported, the court may set it aside. (4) With respect to any standard reviewed under this subsection, the court may grant ap- propriate relief pending conclusion of the review proceedings, as provided in section 705 of such title 5. (5) The judgment of the court affirming or set- ting aside, in whole or in part, any such stand- ard of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as pro- vided in section 1254 of title 28. (Pub. L. 91–601, § 5, Dec. 30, 1970, 84 Stat. 1671; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS In subsec. (a), ‘‘Commission’’ substituted for ‘‘Sec- retary’’ and ‘‘it’’ substituted for ‘‘he’’; in subsec. (b), 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 State or political subdivision of a State may establish and continue in effect, with re- spect to a household substance for its own use, a standard for special packaging or related re- quirement which is designed to protect against a risk of illness or injury with respect to which a standard for special packaging or related re- quirement 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 de- gree of protection from such risk of illness or in- jury than the standard or requirement in effect under this Act. (c) Exemption for State standards; requirements; determination of burden on interstate com- merce; 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 as may be prescribed in such regulation, any standard for special packaging or related requirement of such State or political subdivision applicable to a household substance subject to a standard or requirement in effect under this Act if— (A) compliance with the State or political subdivision standard or requirement would not cause the household substance to be in viola- tion of the standard or requirement in effect under this Act, and (B) the State or political subdivision stand- ard or requirement (i) provides a significantly higher degree of protection from the risk of illness or injury with respect to which the Federal standard or requirement is in effect, and (ii) does not unduly burden interstate commerce. In determining the burden, if any, of a State or political subdivision standard or requirement on interstate commerce the Commission shall con- sider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or requirement, the cost of complying with such standard or re- quirement, the geographic distribution of the household substance to which the standard or requirement would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or requirement, and the need for a national, uniform standard or requirement under this Act for such household substance. (2) A regulation under paragraph (1) granting an exemption for a standard or requirement of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5 notice with respect to the promulga- tion of the regulation and has provided oppor- tunity for the oral presentation of views re- specting its promulgation. (Pub. L. 91–601, § 7, formerly § 8, Dec. 30, 1970, 84 Stat. 1673; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94–284, § 17(c), May 11, 1976, 90 Stat. 513; renumbered § 7, Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716.) Editorial Notes REFERENCES IN TEXT For classification to the Code of ‘‘this Act’’, referred to in text, see References in Text note set out under section 1471 of this title. AMENDMENTS 1976—Pub. L. 94–284 substituted ‘‘(a) Except as pro- vided in subsections (b) and (c), whenever’’ for ‘‘When- ever’’ in existing provision, and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Commission’’ substituted for ‘‘Secretary’’ in subsec. (a) 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. PREEMPTION The provisions of this section establishing the extent to which the Poison Prevention Packaging Act of 1970 [15 U.S.C. 1471 et seq.] preempts, limits, or otherwise af- fects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application,