Title 15Commerce and TradeRelease 119-73

§1472 Special packaging standards

Title 15 › Chapter CHAPTER 39A— - SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF CHILDREN › § 1472

Last updated Apr 6, 2026|Official source

Summary

The Consumer Product Safety Commission can create rules that require child-resistant packaging for household products when it finds two things: the product’s current packaging makes it likely that children could get seriously hurt or sick, and child-resistant packaging is technically possible, practical, and suitable for that product. When making these rules, the agency must think about whether the rule is reasonable, look at scientific and medical evidence and industry manufacturing practices, and consider how the product is used. The agency must publish its findings and legal basis. It may not force specific package designs, product contents, package sizes, or most labeling rules, though it can ban packages that are unnecessarily attractive to children. It is not required to do a formal cost-versus-benefit comparison.

Full Legal Text

Title 15, §1472

Commerce and Trade — Source: USLM XML via OLRC

(a)The Commission,11 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)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For classification to the Code of “this Act”, referred to in text, see

References in Text

note set out under section 1471 of this title.

Amendments

2008—Subsec. (e). Pub. L. 110–314 added subsec. (e). 1983—Subsec. (a). Pub. L. 97–414 struck out “, after consultation with the technical advisory committee provided for in section 1475 of this title” after “The Commission”.

Statutory Notes and Related Subsidiaries

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) 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. § 1472

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73