§1476 — Title 15 Commerce and Trade | U.S. Code

Summary

When the Commission creates a rule for special packaging of a household substance, states and local governments may not make or keep any different packaging rule for that same substance unless it is exactly the same as the federal rule. There are two exceptions. The Federal Government or a State or local government may set a different rule for a household substance they use themselves if their rule gives more protection from illness or injury. A State or local government can also ask the Commission for permission to keep a different rule. The Commission may allow it if following the State rule would not break the federal rule, the State rule gives a clearly higher level of protection, and it does not unfairly burden trade between states. The Commission must give notice and a chance for oral comments under section 553(b) of title 5 before making such an exemption.

Title 15, §1476

Commerce and Trade — Source: USLM XML via OLRC

(a)Except as provided in subsections (b) and (c), whenever a standard established by the Commission under this Act applicable to a household substance is in effect, no State or political subdivision thereof shall have any authority either to establish or continue in effect, with respect to such household substance, any standard for special packaging (and any exemption therefrom and requirement related thereto) which is not identical to the standard established under section 1472 of this title (and any exemption therefrom and requirement related thereto) of this Act.

(b)The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect, with respect to a household substance for its own use, a standard for special packaging or related requirement which is designed to protect against a risk of illness or injury with respect to which a standard for special packaging or related requirement is in effect under this Act and which is not identical to such standard or requirement if the Federal, State, or political subdivision standard or requirement provides a higher degree of protection from such risk of illness or injury than the standard or requirement in effect under this Act.

(c)(1)Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any standard for special packaging or related requirement of such State or political subdivision applicable to a household substance subject to a standard or requirement in effect under this Act if—

(A)compliance with the State or political subdivision standard or requirement would not cause the household substance to be in violation of the standard or requirement in effect under this Act, and

(B)the State or political subdivision standard or requirement (i) provides a significantly higher degree of protection from the risk of illness or injury with respect to which the Federal standard or requirement is in effect, and (ii) does not unduly burden interstate commerce.

(2)A regulation under paragraph (1) granting an exemption for a standard or requirement of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5 notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation.

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

1976—Pub. L. 94–284 substituted “(a) Except as provided in subsections (b) and (c), whenever” for “Whenever” in existing provision, and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Transfer of Functions

“Commission” substituted for “Secretary” in subsec. (a) 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. PreemptionThe provisions of this section establishing the extent to which the Poison Prevention Packaging Act of 1970 [15 U.S.C. 1471 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Poison Prevention Packaging Act of 1970, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.

§1476 Preemption of Federal Standards

Summary

Title 15, §1476

Notes & Related Subsidiaries

Editorial Notes

References in Text

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata