15 U.S.C. § 1461 — Effect upon State law

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 Repealed. 1476.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