§1473 — Title 15 Commerce and Trade | U.S. Code

Summary

Allows makers to sell one size of a household product that does not meet the packaging standard under section 1472 so older or disabled people can use it. The maker must also sell sizes that do meet the standard. The noncomplying package must have a clear label saying it is for homes without young children, or a short equivalent if the package is too small. If the product is given by prescription, a noncomplying package is allowed only if the prescriber orders it or the buyer asks for it. If the Commission finds a maker is selling noncomplying packages under these rules but is not also offering popular sizes that do meet the standard, the Commission can give the maker a chance to fix this and, after a hearing, require the maker to use only compliant packaging.

Title 15, §1473

Commerce and Trade — Source: USLM XML via OLRC

(a)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)In the case of a household substance which is subject to such a standard and which is dispensed pursuant to an order of physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in such order or when requested by the purchaser.

(c)In the case of a household substance subject to such a standard which is packaged under subsection (a) in a noncomplying package, if the Commission determines that such substance is not also being supplied by a manufacturer (or packer) in popular size packages which comply with such standard, it may, after giving the manufacturer (or packer) an opportunity to comply with the purposes of this Act, by order require such substance to be packaged by such manufacturer (or packer) exclusively in special packaging complying with such standard if it finds, after opportunity for hearing, that such exclusive use of special packaging is necessary to accomplish the purposes of this Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

For classification to the Code of “this Act”, referred to in subsec. (c), see

References in Text

note set out under section 1471 of this title.

Statutory Notes and Related Subsidiaries

Transfer of Functions

“Commission” substituted for “Secretary” in subsecs. (a) and (c) and “it” substituted for “he” in subsec. (c) 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.

§1473 Conventional packages, marketing

Summary

Title 15, §1473

Notes & Related Subsidiaries

Editorial Notes

References in Text

References in Text

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata