§ 1473. — Conventional packages, marketing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1473]
TITLE 15--COMMERCE AND TRADE
CHAPTER 39A--SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF
CHILDREN
Sec. 1473. Conventional packages, marketing
(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.
(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.)
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.
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.
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.
