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.
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.
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.
(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.
 Comma retained in amendment by Pub. L. 97–414.
1983—Subsec. (a). Pub. L. 97–414struck 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) ofPub. 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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.