Title 15 — Commerce and TradeRelease 119-73
§1471 Definitions
Title 15 › Chapter CHAPTER 39A— - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF CHILDREN › § 1471
Summary
Defines key words used in the Act. "Commission" is the Consumer Product Safety Commission. "Household substance" is a product people normally have at home and covers three groups: hazardous substances as in section 1261(f) of this title, foods/drugs/cosmetics as in section 321 of title 21, and fuel stored in a portable container for home heating, cooking, or refrigeration. "Package" is the immediate container or wrap for such products (and, for section 1473(a)(2), retail outer containers), but not shipping containers used only for bulk transport or retailer shipping to customers unless it is the sole container. "Special packaging" is child-resistant packaging that is hard for most children under five to open but usable by normal adults; it does not require being impossible for all such children. "Labeling" means labels and any written, printed, or graphic material on the product, its package, or that comes with it.
Full Legal Text
Title 15, §1471
Commerce and Trade — Source: USLM XML via OLRC
For 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This Act, referred to in text, means Pub. L. 91–601 which enacted this chapter, section 136(z)(2)(i) of Title 7, Agriculture, and section 343(n), 352(p), and 362(f) of Title 21, Food and Drugs, amended section 1261(p) of this title and section 353(b)(2) of Title 21, and enacted provisions set out as a note under this section. For complete classification of this Act to the Code, see
Short Title
note below and Tables.
Amendments
1976—Par. (2). Pub. L. 94–284 struck out subpar. (B) which included pesticide as defined in section 136(u) of Title 7 within meaning of “household substance”, and redesignated subpars. (C) and (D) as (B) and (C), respectively. 1972—Par. (2)(B). Pub. L. 92–516 substituted “a pesticide” for “an economic poison”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1972 AmendmentFor
Effective Date
of amendment by Pub. L. 92–516, see section 4 of Pub. L. 92–516, set out as an
Effective Date
note under section 136 of Title 7, Agriculture.
Effective Date
Pub. L. 91–601, § 8, formerly § 9, Dec. 30, 1970, 84 Stat. 1674, as amended by Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231, and renumbered by Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716, provided that: “This Act [see
Short Title
note set out below] shall take effect on the date of its enactment [Dec. 30, 1970]. Each regulation establishing a special packaging standard shall specify the date such standard is to take effect which date shall not be sooner than one hundred and eighty days or later than one year from the date such regulation is final, unless the Commission, for good cause found, determines that an earlier
Effective Date
is in the public interest and publishes in the Federal Register his reason for such finding, in which case such earlier date shall apply. No such standard shall be effective as to household substances subject to this Act packaged prior to the
Effective Date
of such final regulation.”
Short Title
of 2016 Amendment Pub. L. 114–116, § 1, Jan. 28, 2016, 130 Stat. 3, provided that: “This Act [enacting section 1472a of this title and provisions set out as a note under section 1472a of this title] may be cited as the ‘Child Nicotine Poisoning Prevention Act of 2015’.”
Short Title
Pub. L. 91–601, § 1, Dec. 30, 1970, 84 Stat. 1670, provided that: “This Act [enacting this chapter, section 135(z)(2)(i) of Title 7, Agriculture, and section 343(n), 352(p), and 362(f) of Title 21, Food and Drugs, amending section 1261(p) of this title and section 353(b)(2) of Title 21, and enacting provisions set out as a note under this section] may be cited as the ‘Poison Prevention Packaging Act of 1970’.”
Transfer of Functions
“Commission” substituted for “Secretary” and “Consumer Product Safety Commission” substituted for “Secretary of Health, Education, and Welfare” in par. (1) pursuant to section 30(a) of Pub. 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.
Reference
Citations & Metadata
Citation
15 U.S.C. § 1471
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73