Title 15Commerce and TradeRelease 119-73not60

§1473 Conventional Packages, Marketing

Title 15 › Chapter 39A— SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTECTION OF CHILDREN › § 1473

Last updated Apr 3, 2026|Official source

Summary

Manufacturers and packers may sell a single-size package of a household product that does not meet the child-resistant packaging rule if they also offer that product in packages that do meet the rule. The noncompliant package must have a clear label saying it is for homes without young children, and the Commission can allow a shorter label when the package is too small. If a product is given by prescription, it can be put in a noncompliant package only when the prescriber orders that or the buyer asks for it. If a maker uses noncompliant single-size packages but is not also selling popular-size packages that do meet the rule, the Commission can order the maker to use only compliant special packaging. The maker must be given a chance to fix the problem and can have a hearing before the Commission makes that order.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1473

Title 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60