§ 1472. — Special packaging standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1472]
TITLE 15--COMMERCE AND TRADE
CHAPTER 39A--SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF
CHILDREN
Sec. 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--
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\1\ Comma retained in amendment by Pub. L. 97-414.
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(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.
(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.)
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
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''.
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.
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.
