§1472 Special Packaging Standards

Summary

The Consumer Product Safety Commission can make rules that require child-resistant packaging for household substances. To do that, it must find two things: the packaging makes the product a danger to children that could cause serious injury or illness if they handle, use, or swallow it, and child-resistant packaging is technically possible, practical, and suitable for that product. When making a rule, the Commission must consider whether it is reasonable, look at scientific, medical, and engineering data about packaging and child accidents, take into account how manufacturers make the product, and think about how the product is used. The Commission must publish its findings, reasons, and the legal authority. It cannot force exact package designs, product content, package size, or labeling (except as allowed in section 1473(a)(2) of this title), but it can ban packages it finds are unduly attractive to children. The Commission does not have to prepare a cost-versus-benefit comparison when making a rule.