§ 1471. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1471]
TITLE 15--COMMERCE AND TRADE
CHAPTER 39A--SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF
CHILDREN
Sec. 1471. Definitions
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.
(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.)
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), 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'.''
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.
Section Referred to in Other Sections
This section is referred to in section 1261 of this title.
