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U.S. Code as of:
01/19/04
Section 1472. Special packaging standards
(a) Establishment
The Commission,(!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 -
(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.
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