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) 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—