Collapse to view only § 1471. Definitions
- § 1471. Definitions
- § 1472. Special packaging standards
- § 1472a. Special packaging for liquid nicotine containers
- § 1473. Conventional packages, marketing
- § 1474. Regulations for special packaging standards
- § 1475. Repealed.
- § 1476. Preemption of Federal standards
- § 1477. Enforcement by State Attorneys General
§ 1471. DefinitionsFor the purpose of this Act—
(1) The term “Commission” means the Consumer Product Safety Commission.
(2) The term “household substance” means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is—
(A) a hazardous substance as that term is defined in section 1261(f) of this title;
(B) a food, drug, or cosmetic as those terms are defined in section 321 of title 21; or
(C) a substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house.
(3) The term “package” means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of section 1473(a)(2) of this title, also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not include—
(A) any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof, or
(B) any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping.
(4) The term “special packaging” means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.
(5) The term “labeling” means all labels and other written, printed, or graphic matter (A) upon any household substance or its package, or (B) accompanying such substance.
(Pub. L. 91–601, § 2, Dec. 30, 1970, 84 Stat. 1670; Pub. L. 92–516, § 3(2), Oct. 21, 1972, 86 Stat. 998; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94–284, § 3(a), May 11, 1976, 90 Stat. 503.)
§ 1472. Special packaging standards
(a) Establishment
The Commission,1
1 Comma retained in amendment by Pub. L. 97–414.
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) 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
(d) Limitation
(e) Cost-benefit analysis not required
(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.)
§ 1472a. Special packaging for liquid nicotine containers
(a) Requirement
(b) Savings clause
(1) In general
Nothing in this section shall be construed to limit or otherwise affect the authority of the Secretary of Health and Human Services to regulate, issue guidance, or take action regarding the manufacture, marketing, sale, distribution, importation, or packaging, including child-resistant packaging, of nicotine, liquid nicotine, liquid nicotine containers, electronic cigarettes, electronic nicotine delivery systems or other similar products that contain or dispense liquid nicotine, or any other nicotine-related products, including—
(A) authority under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Family Smoking Prevention and Tobacco Control Act (Public Law 111–31) and the amendments made by such Act; and
(B) authority for the rulemaking entitled “Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; regulations on the Sale and Distribution of Tobacco Products and the Required Warning Statements for Tobacco Products” (April 2014) (FDA–2014–N–0189), the rulemaking entitled “Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products” (June 2015) (FDA–2015–N–1514), and subsequent actions by the Secretary regarding packaging of liquid nicotine containers.
(2) Consultation
(c) Applicability
(d) Definitions
In this section:
(1) Commission
(2) Liquid nicotine container
(A) In general
Notwithstanding section 1261(f)(2) of this title and section 2052(a)(5) of this title, the term “liquid nicotine container” means a package (as defined in section 2 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471))—
(i) from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and
(ii) that is used to hold soluble nicotine in any concentration.
(B) Exclusion
(3) Nicotine
(Pub. L. 114–116, § 2, Jan. 28, 2016, 130 Stat. 3.)
§ 1473. Conventional packages, marketing
(a) Noncomplying packages for elderly or handicapped persons; labeling statements
For the purpose of making any household substance which is subject to a standard established under section 1472 of this title readily available to elderly or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if—
(1) the manufacturer (or packer) also supplies such substance in packages which comply with such standard; and
(2) the packages of such substance which do not meet such standard bear conspicuous labeling stating: “This package for households without young children”; except that the Commission may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate such labeling.
(b) Noncomplying packages for substances dispensed pursuant to orders of medical practitioners
(c) Exclusive use of special packaging; necessary circumstances
(Pub. L. 91–601, § 4, Dec. 30, 1970, 84 Stat. 1671; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231.)
§ 1474. Regulations for special packaging standards
(a) Rule making procedure; election and application of procedure under section 371 of title 21; publication of election and proposal
(b) Judicial review; petition; record; additional evidence; jurisdiction of court of appeals; scope of review; relief pending review; finality of judgment; review by Supreme Court
(1) In the case of any standard prescribed by a regulation issued in accordance with section 553 of title 5, any person who will be adversely affected by such a standard may, at any time prior to the 60th day after the regulation prescribing such standard is issued by the Commission, file a petition with the United States Court of Appeals for the circuit in which such person resides or has his principal place of business for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose. The Commission shall file in the court the record of the proceedings on which the Commission based its standard, as provided in section 2112 of title 28.
(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Commission in a hearing or in such other manner, and upon such terms and conditions, as to the court may seem proper. The Commission may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, and its recommendation, if any, for the modification or setting aside of its original standard, with the return of such additional evidence.
(3) Upon the filing of the petition under paragraph (1) of this subsection the court shall have jurisdiction to review the standard of the Commission in accordance with subparagraphs (A), (B), (C), and (D) of paragraph (2) of section 706 of title 5. If the court ordered additional evidence to be taken under paragraph (2) of this subsection, the court shall also review the Commission’s standard to determine if, on the basis of the entire record before the court pursuant to paragraphs (1) and (2) of this subsection, it is supported by substantial evidence. If the court finds the standard is not so supported, the court may set it aside.
(4) With respect to any standard reviewed under this subsection, the court may grant appropriate relief pending conclusion of the review proceedings, as provided in section 705 of such title 5.
(5) The judgment of the court affirming or setting aside, in whole or in part, any such standard of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28.
(Pub. L. 91–601, § 5, Dec. 30, 1970, 84 Stat. 1671; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231.)
§ 1475. Repealed. Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716
§ 1476. Preemption of Federal standards
(a) Exception for identical State standards
(b) Federal or State standards which afford a higher degree of protection
(c) Exemption for State standards; requirements; determination of burden on interstate commerce; notice and hearing
(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 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 notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation.
(Pub. L. 91–601, § 7, formerly § 8, Dec. 30, 1970, 84 Stat. 1673; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94–284, § 17(c), May 11, 1976, 90 Stat. 513; renumbered § 7, Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716.)
§ 1477. Enforcement by State Attorneys General
The attorney general of a State, or other authorized State officer, alleging a violation of a standard or rule promulgated under section 1472 of this title that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief. The procedural requirements of section 2073(b) of this title shall apply to any such action.
(Pub. L. 91–601, § 9, as added Pub. L. 110–314, title II, § 218(b)(1), Aug. 14, 2008, 122 Stat. 3062.)