[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1700.3]

[Page 734]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1700--POISON PREVENTION PACKAGING--Table of Contents
 
Sec.  1700.3  Establishment of standards for special packaging.

    (a) Pursuant to section 3 of the act, the Commission, after 
consultation with the technical advisory committee provided for by 
section 6 of the act, may establish by regulation standards for the 
special packaging of any household substance if the Commission finds:
    (1) That the degree or nature of the hazard to children in the 
availability of such substance, by reason of its packaging, is such that 
special packaging is required to protect children from serious personal 
injury or serious illness resulting from handling, using, or ingesting 
such substance; and
    (2) That the special packaging to be required by such standard is 
technically feasible, practicable, and appropriate for such substance.
    (b) In establishing such a standard, the Commission shall consider:
    (1) The reasonableness of such 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 the act; 
and
    (4) The nature and use of the household substance.
    (c) In the process of establishing such a standard, the Commission 
shall publish its findings and reasons therefor and shall cite the 
sections of the act that authorize its action.
    (d) In establishing such standards, the Commission shall not 
prescribe specific packaging designs, product content, package quantity, 
or labeling except for labeling under section 4(a)(2) of the act. 
Regarding a household substance for which special packaging is required 
by regulation, the Commission can prohibit the packaging of such 
substance in a package which the Commission determines is unnecessarily 
attractive to children.
    (e) Promulgations pursuant to section 3 of the act shall be in 
accordance with section 5 of the act as to procedure.