§ 1472. Special packaging standards

• (a) Establishment

  The Commission, (FOOTNOTE 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 -

  (FOOTNOTE 1) Comma retained in amendment by Pub. L. 97-414.

  • (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

  Nothing 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.