§ 1472. Special packaging standards

Footnotes

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Poison Prevention Packaging Act of 1070

   Pub. L. 91–601 § 3 · 84 Stat. 1670

   Enacted · 15 U.S.C. § 1472

   Pub. L. 91–601, § 3, Dec. 30, 1970, 84 Stat. 1670

   Source evidence

   Code source credit
   Pub. L. 91–601, § 3, Dec. 30, 1970, 84 Stat. 1670

   Enacted provision · exact public law section
   Sec. 3. (a) The Secretary, after consultation with the technical advisory committee provided for in section 6 of this Act, may establish in accordance with the provisions of this Act, by regulation, standards for the special packaging of any household substance if he 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 per-sonal 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) In establishing a standard under this section, the Secretary 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) In carrying out this Act, the Secretary shall publish his findings, Findings, publication. his reasons therefor, and citation of the sections of statutes which authorize his action. (d) Nothing in this Act shall authorize the Secretary to prescribe Limitation. specific packaging designs, product content, package quantity, or, with the exception of authority granted in section 4(a)(2) of this Act, labeling. In the case of a household substance for which special packaging is required pursuant to a regulation under this section, the Secretary may in such regulation prohibit the packaging of such substance in packages which he determines are unnecessarily attractive to children.

2. 1983

   Pub. L. 97–414 § 9(k) · 96 Stat. 2049

   Struck · 15 U.S.C. § 1472(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (k) Section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)) is amended by striking out “, after consultation with the Technical Advisory Committee provided for in section 6 of this Act”.

3. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 title II § 233 · 122 Stat. 3016

   Added · 15 U.S.C. § 1472(e)

   Pub. L. 110–314 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 110–314 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION PACKAGING ACT OF 1970.    Section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472) is amended by adding at the end thereof the following: “(e) 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.” .

3 of 3 references resolved to an enrolled provision