§ 1476. Preemption of Federal standards

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 § 7 · 84 Stat. 1670

   Enacted · 15 U.S.C. § 1476

   Pub. L. 91–601, § 7, formerly § 8, Dec. 30, 1970, 84 Stat. 1673

   Source evidence

   Code source credit
   Pub. L. 91–601, § 7, formerly § 8, Dec. 30, 1970, 84 Stat. 1673

   Enacted provision · exact public law section
   Sec. 7. (a) Section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) is amended— 74 Stat. 374; 80 Stat. 1303. (1) by striking out “which substance” in the part preceding paragraph (1) and inserting in lieu thereof “if the packaging or labeling of such substance is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970 or if such substance”; and Ante, p. 1670. (2) by adding the following after and below paragraph (2) “The term ‘misbranded hazardous substance’ also includes a household “Misbranded hazardous substance.” substance as defined in section 2(2) (D) of the Poison Prevention Packaging Act of 1970 if it is a substance described in paragraph 1 of section 2 (f) of this Act and its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.”. (b) Section 2z (2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 (z) (2)) is amended by striking out the period 73 Stat. 287. at the end of paragraph (n) of such section and inserting in lieu thereof “; or” and by adding at the end thereof a new paragraph as follows: “(i) if its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.” (c) Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end thereof a new paragraph 52 Stat. 1047 74 Stat. 398. as follows: “(n) If its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.” (d) Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end thereof a new paragraph 76 Stat. 795. as follows: “(p) If it is a drug and its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.” (e) Section 503(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b) (2)) is amended by striking out “and (h)” and 65 Stat. 649. inserting in lieu thereof “, (h), and (p) ”. (f) Section 602 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 362) is amended by adding at the end thereof a new paragraph 74 Stat. 398. as follows: “(f) If its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.”

2. 1976

   Consumer Product Safety Commission Improvements Act of 1976

   Pub. L. 94–284 § 17(c) · 90 Stat. 503

   1. Substituted · 15 U.S.C. § 1476

      Pub. L. 94–284 substituted “(a) Except as provided in subsections (b) and (c), whenever” for “Whenever” in existing provision

   2. Added · 15 U.S.C. § 1476

      Pub. L. 94–284 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 94–284 substituted “(a) Except as provided in subsections (b) and (c), whenever” for “Whenever” in existing provision, and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (c) Section 8 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1476) is amended (1) by striking out “Whenever” and inserting in lieu thereof “(a) Except as provided in subsections (b) and (c), whenever”, and (2) by adding at the end thereof the following: “(b) The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect, with respect to a household substance for its own use, a standard for special packaging or related requirement which is designed to protect against a risk of illness or injury with respect to which a standard for special packaging or related requirement is in effect under this Act and which is not identical to such standard or requirement if the Federal, State, or political subdivision standard or requirement provides a higher degree of protection from such risk of illness or injury than the standard or requirement in effect under this Act. “(c) (1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any standard for special packaging or related requirement of such State or political subdivision applicable to a household substance subject to a standard or requirement in effect under this Act if— “(A) compliance with the State or political subdivision standard or requirement would not cause the household substance to be in violation of the standard or requirement in effect under this Act, and “(B) the State or political subdivision standard or requirement (i) provides a significantly higher degree of protection from the risk of illness or injury with respect to which the. Federal standard or requirement is in effect, and (ii) does not unduly burden interstate commerce. In determining the burden, if any, of a State or political subdivision standard or requirement on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or requirement, the cost of complying with such standard or requirement, the geographic distribution of the household substance, to which the standard or requirement would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or requirement, and the need for a national, uniform standard or requirement under this Act for such household substance. “(2) A regulation under paragraph (1) granting an exemption for Notice; oral presentation of views. a standard or requirement of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5, United States Code, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation.”.

3 of 3 references resolved to an enrolled provision