2015 US Code
Title 15 - Commerce and Trade (Sections 1 - 8405)
Chapter 39A - Special Packaging of Household Substances for Protection of Children (Sections 1471 - 1477)
Sec. 1472 - Special packaging standards
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 15 - COMMERCE AND TRADE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 15 - COMMERCE AND TRADE CHAPTER 39A - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF CHILDREN Sec. 1472 - Special packaging standards |
Contains | section 1472 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-601, §3, Dec. 30, 1970, 84 Stat. 1670; Pub. L. 92-573, §30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 97-414, §9(k), Jan. 4, 1983, 96 Stat. 2065; Pub. L. 110-314, title II, §233, Aug. 14, 2008, 122 Stat. 3073. |
Statutes at Large References | 84 Stat. 1670 86 Stat. 1231 96 Stat. 2065 122 Stat. 3073 |
Public and Private Laws | Public Law 91-601, Public Law 92-573, Public Law 97-414, Public Law 110-314 |
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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—
(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) ConsiderationsIn 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 authorizationsIn 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) LimitationNothing 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.
(e) Cost-benefit analysis not requiredNothing 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, §3, Dec. 30, 1970, 84 Stat. 1670; Pub. L. 92–573, §30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 97–414, §9(k), Jan. 4, 1983, 96 Stat. 2065; Pub. L. 110–314, title II, §233, Aug. 14, 2008, 122 Stat. 3073.)
REFERENCES IN TEXTFor classification to the Code of "this Act", referred to in text, see References in Text note set out under section 1471 of this title.
AMENDMENTS2008—Subsec. (e). Pub. L. 110–314 added subsec. (e).
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 subsecs. (a) to (d) 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.
1 Comma retained in amendment by Pub. L. 97–414.
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