15 U.S.C. § 1471 — Definitions

Page 1416 TITLE 15—COMMERCE AND TRADE § 1461 chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Ta- bles. The Federal Food, Drug, and Cosmetic Act, referred to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs, For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. The Federal Hazardous Substances Labeling Act, re- ferred to in text, is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1261 of this title and Tables. § 1461. Effect upon State law It is hereby declared that it is the express in- tent of Congress to supersede any and all laws of the States or political subdivisions thereof inso- far as they may now or hereafter provide for the labeling of the net quantity of contents of the package of any consumer commodity covered by this chapter which are less stringent than or re- quire information different from the require- ments of section 1453 of this title or regulations promulgated pursuant thereto. (Pub. L. 89–755, § 12, Nov. 3, 1966, 80 Stat. 1302.) CHAPTER 39A—SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTEC- TION OF CHILDREN Sec. 1471. Definitions. 1472. Special packaging standards. 1472a. Special packaging for liquid nicotine con- tainers. 1473. Conventional packages, marketing. 1474. Regulations for special packaging standards. 1475. Repealed. 1476. Preemption of Federal standards. 1477. Enforcement by State Attorneys General. § 1471. Definitions For the purpose of this Act— (1) The term ‘‘Commission’’ means the Con- sumer 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 de- fined in section 1261(f) of this title; (B) a food, drug, or cosmetic as those terms are defined in section 321 of title 21; 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 house- hold, and, for purposes of section 1473(a)(2) of this title, also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not in- clude— (A) any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufac- turers, 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 house- hold substance to consumers unless it is the only such container or wrapping. (4) The term ‘‘special packaging’’ means pack- aging that is designed or constructed to be sig- nificantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein with- in a reasonable time and not difficult for normal adults to use properly, but does not mean pack- aging which all such children cannot open or ob- tain a toxic or harmful amount within a reason- able time. (5) The term ‘‘labeling’’ means all labels and other written, printed, or graphic matter (A) upon any household substance or its package, or (B) accompanying such substance. (Pub. L. 91–601, § 2, Dec. 30, 1970, 84 Stat. 1670; Pub. L. 92–516, § 3(2), Oct. 21, 1972, 86 Stat. 998; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94–284, § 3(a), May 11, 1976, 90 Stat. 503.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 91–601 which enacted this chapter, section 136(z)(2)(i) of Title 7, Agriculture, and sections 343(n), 352(p), and 362(f) of Title 21, Food and Drugs, amended section 1261(p) of this title and section 353(b)(2) of Title 21, and enacted provisions set out as a note under this section. For complete classification of this Act to the Code, see Short Title note below and Tables. AMENDMENTS 1976—Par. (2). Pub. L. 94–284 struck out subpar. (B) which included pesticide as defined in section 136(u) of Title 7 within meaning of ‘‘household substance’’, and redesignated subpars. (C) and (D) as (B) and (C), respec- tively. 1972—Par. (2)(B). Pub. L. 92–516 substituted ‘‘a pes- ticide’’ for ‘‘an economic poison’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT For effective date of amendment by Pub. L. 92–516, see section 4 of Pub. L. 92–516, set out as an Effective Date note under section 136 of Title 7, Agriculture. EFFECTIVE DATE Pub. L. 91–601, § 8, formerly § 9, Dec. 30, 1970, 84 Stat. 1674, as amended by Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231, and renumbered by Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716, provided that: ‘‘This Act [see Short Title note set out below] shall take ef- fect on the date of its enactment [Dec. 30, 1970]. Each regulation establishing a special packaging standard shall specify the date such standard is to take effect which date shall not be sooner than one hundred and eighty days or later than one year from the date such regulation is final, unless the Commission, for good cause found, determines that an earlier effective date is in the public interest and publishes in the Federal Reg- ister his reason for such finding, in which case such earlier date shall apply. No such standard shall be ef- fective as to household substances subject to this Act packaged prior to the effective date of such final regu- lation.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–116, § 1, Jan. 28, 2016, 130 Stat. 3, provided that: ‘‘This Act [enacting section 1472a of this title and 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) Considerations In establishing a standard under this section, the Commission shall consider— (1) the reasonableness of such standard; (2) available scientific, medical, and engi- neering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household sub- stances; (3) the manufacturing practices of industries affected by this Act; and (4) the nature and use of the household sub- stance. (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 ci- tation of the sections of statutes which author- ize its action. (d) Limitation Nothing in this Act shall authorize the Com- mission to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in section 1473(a)(2) of this title, labeling. In this case of a household substance for which special packaging is required pursuant to a regulation under this section, the Commission may in such regulation prohibit the packaging of such substance in packages which it determines are unnecessarily attractive to children. (e) Cost-benefit analysis not required Nothing in this Act shall be construed to re- quire the Consumer Product Safety Commission, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard. (Pub. L. 91–601, § 3, Dec. 30, 1970, 84 Stat. 1670; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 97–414, § 9(k), Jan. 4, 1983, 96 Stat. 2065; Pub. L. 110–314, title II, § 233, Aug. 14, 2008, 122 Stat. 3073.) 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 2008—Subsec. (e). Pub. L. 110–314 added subsec. (e). 1983—Subsec. (a). Pub. L. 97–414 struck out ‘‘, after consultation with the technical advisory committee provided for in section 1475 of this title’’ after ‘‘The Commission’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Commission’’ substituted for ‘‘Secretary’’, ‘‘it’’ sub- stituted for ‘‘he’’, and ‘‘its’’ substituted for ‘‘his’’ wher- ever appearing in subsecs. (a) to (d) 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. § 1472a. Special packaging for liquid nicotine containers (a) Requirement Notwithstanding section 1261(f)(2) of this title and section 2052(a)(5) of this title, any nicotine provided in a liquid nicotine container sold, of- fered for sale, manufactured for sale, distributed in commerce, or imported into the United States shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations, as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations, and any subsequent changes to such sections adopted by the Com- mission. (b) Savings clause (1) In general Nothing in this section shall be construed to limit or otherwise affect the authority of the Secretary of Health and Human Services to regulate, issue guidance, or take action re- garding the manufacture, marketing, sale, dis- tribution, importation, or packaging, includ- ing child-resistant packaging, of nicotine, liq- uid nicotine, liquid nicotine containers, elec- tronic cigarettes, electronic nicotine delivery systems or other similar products that contain or dispense liquid nicotine, or any other nico- tine-related products, including—