-CITE-

15 USC CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD

SUBSTANCES FOR PROTECTION OF CHILDREN 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR

PROTECTION OF CHILDREN

.

-HEAD-

CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR

PROTECTION OF CHILDREN

-MISC1-

Sec.

1471. Definitions.

1472. Special packaging standards.

(a) Establishment.

(b) Considerations.

(c) Publication of findings, reasons, and citation of

statutory authorizations.

(d) Limitation.

1473. Conventional packages, marketing.

(a) Noncomplying packages for elderly or handicapped

persons; labeling statements.

(b) Noncomplying packages for substances dispensed

pursuant to orders of medical practitioners.

(c) Exclusive use of special packaging; necessary

circumstances.

1474. Regulations for special packaging standards.

(a) Rule making procedure; election and application

of procedure under section 371 of title 21;

publication of election and proposal.

(b) Judicial review; petition; record; additional

evidence; jurisdiction of court of appeals;

scope of review; relief pending review;

finality of judgment; review by Supreme Court.

1475. Repealed.

1476. Preemption of Federal standards.

(a) Exception for identical State standards.

(b) Federal or State standards which afford a higher

degree of protection.

(c) Exemption for State standards; requirements;

determination of burden on interstate commerce;

notice and hearing.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2055, 2079 of this title;

title 7 section 136w; title 21 sections 379r, 379s.

-CITE-

15 USC Sec. 1471 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR

PROTECTION OF CHILDREN

-HEAD-

Sec. 1471. Definitions

-STATUTE-

For the purpose of this Act -

(1) The term ''Commission'' means the Consumer 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 defined 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

household, 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

include -

(A) any shipping container or wrapping used solely for the

transportation of any household substance in bulk or in quantity

to manufacturers, 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 household substance to consumers unless it

is the only such container or wrapping.

(4) The term ''special packaging'' means packaging that is

designed or constructed to be significantly difficult for children

under five years of age to open or obtain a toxic or harmful amount

of the substance contained therein within a reasonable time and not

difficult for normal adults to use properly, but does not mean

packaging which all such children cannot open or obtain a toxic or

harmful amount within a reasonable 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.

-SOURCE-

(Pub. L. 91-601, Sec. 2, Dec. 30, 1970, 84 Stat. 1670; Pub. L.

92-516, Sec. 3(2), Oct. 21, 1972, 86 Stat. 998; Pub. L. 92-573,

Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94-284, Sec.

3(a), May 11, 1976, 90 Stat. 503.)

-REFTEXT-

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.

-MISC2-

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), respectively.

1972 - Par. (2)(B). Pub. L. 92-516 substituted ''a pesticide''

for ''an economic poison''.

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

Section 8, formerly Sec. 9, of Pub. L. 91-601, as amended by Pub.

L. 92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231, and renumbered

by Pub. L. 97-35, title XII, Sec. 1205(c), Aug. 13, 1981, 95 Stat.

716, provided that: ''This Act (see Short Title note set out below)

shall take effect 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 Register his

reason for such finding, in which case such earlier date shall

apply. No such standard shall be effective as to household

substances subject to this Act packaged prior to the effective date

of such final regulation.''

SHORT TITLE

Section 1 of Pub. L. 91-601 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 Packaging Act of

1970'.''

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' and ''Consumer

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,

Education, and Welfare under this chapter to Consumer Product

Safety Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1261 of this title.

-CITE-

15 USC Sec. 1472 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR

PROTECTION OF CHILDREN

-HEAD-

Sec. 1472. Special packaging standards

-STATUTE-

(a) Establishment

The Commission, (FOOTNOTE 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 -

(FOOTNOTE 1) Comma retained in amendment by Pub. L. 97-414.

(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, 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.

-SOURCE-

(Pub. L. 91-601, Sec. 3, Dec. 30, 1970, 84 Stat. 1670; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 97-414,

Sec. 9(k), Jan. 4, 1983, 96 Stat. 2065.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

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''.

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'', ''it'' substituted

for ''he'', and ''its'' substituted for ''his'' wherever appearing

in text 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1261, 1474, 1476 of this

title; title 21 sections 343, 352, 362.

-CITE-

15 USC Sec. 1473 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR

PROTECTION OF CHILDREN

-HEAD-

Sec. 1473. Conventional packages, marketing

-STATUTE-

(a) Noncomplying packages for elderly or handicapped persons;

labeling statements

For the purpose of making any household substance which is

subject to a standard established under section 1472 of this title

readily available to elderly or handicapped persons unable to use

such substance when packaged in compliance with such standard, the

manufacturer or packer, as the case may be, may package any

household substance, subject to such a standard, in packaging of a

single size which does not comply with such standard if -

(1) the manufacturer (or packer) also supplies such substance

in packages which comply with such standard; and

(2) the packages of such substance which do not meet such

standard bear conspicuous labeling stating: ''This package for

households without young children''; except that the Commission

may by regulation prescribe a substitute statement to the same

effect for packaging too small to accommodate such labeling.

(b) Noncomplying packages for substances dispensed pursuant to

orders of medical practitioners

In the case of a household substance which is subject to such a

standard and which is dispensed pursuant to an order of physician,

dentist, or other licensed medical practitioner authorized 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 subsection (a) of this section 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.

-SOURCE-

(Pub. L. 91-601, Sec. 4, Dec. 30, 1970, 84 Stat. 1671; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

-REFTEXT-

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.

-TRANS-

TRANSFER OF FUNCTIONS

''Commission'' substituted for ''Secretary'' in subsecs. (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, Education, and Welfare under this chapter to Consumer

Product Safety Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1261, 1471, 1472 of this

title; title 21 sections 343, 352, 362.

-CITE-

15 USC Sec. 1474 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR

PROTECTION OF CHILDREN

-HEAD-

Sec. 1474. Regulations for special packaging standards

-STATUTE-

(a) Rule making procedure; election and application of procedure

under section 371 of title 21; publication of election and

proposal

Proceedings to issue, amend, or repeal a regulation 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 election, 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; finality 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 affected 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

Appeals for the circuit in which such person resides or has his

principal place of business for a judicial review of such

standard. A copy of the petition shall be forthwith transmitted by

the clerk of the court to the Commission or other officer

designated by it for that purpose. The Commission shall file in

the court the record of the proceedings 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 additional 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

evidence in rebuttal thereof) to be taken before the Commission in

a hearing or in such other manner, 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 evidence so taken, and it shall file such

modified or new findings, and its recommendation, if any, for the

modification or setting aside of its original standard, with the

return of such additional evidence.

(3) Upon the filing of the petition under paragraph (1) of this

subsection the court shall have jurisdiction to review the standard

of the Commission 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

subsection, the court shall also review the Commission'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 appropriate relief pending conclusion of the

review proceedings, as provided in section 705 of such title 5.

(5) The judgment of the court affirming or setting aside, in

whole or in part, any such standard of the Commission shall be

final, subject to review by the Supreme Court of the United States

upon certiorari or certification, as provided in section 1254 of

title 28.

-SOURCE-

(Pub. L. 91-601, Sec. 5, Dec. 30, 1970, 84 Stat. 1671; Pub. L.

92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231.)

-TRANS-

TRANSFER OF FUNCTIONS

In subsec. (a), ''Commission'' substituted for ''Secretary'' and

''it'' substituted for ''he''; in subsec. (b), ''Commission''

substituted for ''Secretary'', ''it'' substituted for ''him'' and

''he'', ''its'' substituted for ''his'', and ''Commission's''

substituted for ''Secretary'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.

-CITE-

15 USC Sec. 1475 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR

PROTECTION OF CHILDREN

-HEAD-

Sec. 1475. Repealed. Pub. L. 97-35, title XII, Sec. 1205(c), Aug.

13, 1981, 95 Stat. 716

-MISC1-

Section, Pub. L. 91-601, Sec. 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.

-CITE-

15 USC Sec. 1476 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR

PROTECTION OF CHILDREN

-HEAD-

Sec. 1476. Preemption of Federal standards

-STATUTE-

(a) Exception for identical State standards

Except as provided in subsections (b) and (c) of this section,

whenever a standard established by the Commission under this Act

applicable to a household substance is in effect, no State or

political subdivision 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 section 1472 of this title (and

any exemption therefrom 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 respect to a household substance for its own use, a

standard for special packaging or related requirement which is

designed to protect against a risk of illness or injury with

respect to which a standard for special packaging or related

requirement 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 degree of

protection from such risk of illness or injury than the standard or

requirement in effect under this Act.

(c) Exemption for State standards; requirements; determination of

burden on interstate commerce; 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) of this section,

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

violation of the standard or requirement in effect under this

Act, and

(B) the State or political subdivision standard 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 consider 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

requirement, 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 promulgation of the regulation and has provided

opportunity for the oral presentation of views respecting its

promulgation.

-SOURCE-

(Pub. L. 91-601, Sec. 7, formerly Sec. 8, Dec. 30, 1970, 84 Stat.

1673; Pub. L. 92-573, Sec. 30(a), Oct. 27, 1972, 86 Stat. 1231;

Pub. L. 94-284, Sec. 17(c), May 11, 1976, 90 Stat. 513; renumbered

Sec. 7, Pub. L. 97-35, title XII, Sec. 1205(c), Aug. 13, 1981, 95

Stat. 716.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

1976 - Pub. L. 94-284 substituted ''(a) Except as provided in

subsections (b) and (c) of this section, whenever'' for

''Whenever'' in existing provision, and added subsecs. (b) and (c).

-TRANS-

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, Education, and Welfare under this chapter to

Consumer Product Safety Commission.

-CITE-