15 U.S.C. § 1472 — Special packaging standards

(a) Establishment The Commission, 1 may establish under 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 that substance, by reason of its packaging, is that that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting that substance; and (2) the special packaging to be required by that standard is technically feasible, practicable, and appropriate for that substance. (b) Considerations In establishing a standard under this section, the Commission must consider— (1) the reasonableness of that 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) Publication of findings, reasons, and citation of statutory authorizations In carrying out this Act, the Commission must publish its findings, its reasons for it, and citation of the sections of statutes which authorize its action. (d) Limitation Nothing in this Act must 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 under a regulation under this section, the Commission may in that regulation prohibit the packaging of that substance in packages which it determines are unnecessarily attractive to children. (e) Cost-benefit analysis not required Nothing in this Act must 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 that standard with the benefits of that standard.