15 U.S.C. § 1472 | Special packaging standards

(a)

Establishment

1Pub. L. 97–414 Comma retained in amendment by .

The Commission, 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—

(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

section 1473(a)(2) of this titleNothing in this Act shall authorize the Commission to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in , 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.

(e)

Cost-benefit analysis not required

Nothing in this Act shall be construed to require the Consumer Product Safety Commission, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard.

Pub. L. 91–601, § 3Dec. 30, 197084 Stat. 1670 Pub. L. 92–573, § 30(a)Oct. 27, 197286 Stat. 1231 Pub. L. 97–414, § 9(k)Jan. 4, 198396 Stat. 2065 Pub. L. 110–314, title II, § 233Aug. 14, 2008122 Stat. 3073 (, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 1471 of this titleFor classification to the Code of “this Act”, referred to in text, see References in Text note set out under .

Amendments

Pub. L. 110–3142008—Subsec. (e). added subsec. (e).

Pub. L. 97–414 section 1475 of this title1983—Subsec. (a). struck out “, after consultation with the technical advisory committee provided for in ” after “The Commission”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

section 30(a) of Pub. L. 92–573 section 2079(a) of this title“Commission” substituted for “Secretary”, “it” substituted for “he”, and “its” substituted for “his” wherever appearing in subsecs. (a) to (d) pursuant to , which is classified to and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Consumer Product Safety Commission.