[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: 16CFR1700.5]

[Page 734-735]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1700--POISON PREVENTION PACKAGING--Table of Contents
 
Sec.  1700.5  Noncomplying package requirements.

    To make household substances that are subject to requirements for 
special packaging readily available to elderly or handicapped persons 
who are unable to use those substances in special packaging, section 
4(a) of the act authorizes manufacturers and packers to package such 
substances in noncomplying packaging of a single size provided that 
complying packaging is also supplied and the noncomplying packages are 
conspicuously labeled to indicate that they should not be used in 
households where young children are present. The purpose of this Sec.  
1700.5 is to implement section 4(a) of the act by prescribing 
requirements for the labeling of noncomplying packages.
    (a) Labeling statement. (1) The statement ``This Package for 
Households Without Young Children'' shall appear conspicuously, and in 
accordance with all of the requirements of paragraph (a)

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of this section, on the package of any household substance subject to 
the special packaging requirements of this part 1700 that is supplied in 
noncomplying packaging under section 4(a) of the act, unless the package 
bears the substitute labeling statement in accordance with all of the 
requirements of paragraph (b) of this section.
    (2) The statement required by paragraph (a)(1) of this section shall 
appear on the principal display panel of the immediate container as well 
as on the principal display panel of any outer container or wrapping 
used in the retail display of the substance. If a package bears more 
than one principal display panel, the required statement shall appear on 
each principal display panel of the immediate container as well as on 
each principal display panel of any outer container or wrapping used in 
the retail display of the substance. The principal display panel is the 
part of the labeling most likely to be displayed, presented, shown, or 
examined.
    (3) The required labeling statement shall appear within the 
borderline of a square or rectangle on the principal display panel in 
conspicuous and easily legible capital letters, shall be in distinct 
contrast, by typography, layout, color, or embossing, to other matter on 
the package, and shall appear in lines generally parallel to the base on 
which the package rests as it is designed to be displayed.
    (4) The declaration shall be in letters in type size established in 
relationship to the area of the principal display panel of the package 
and shall be uniform for all packages of substantially the same size by 
complying with the following type-size specifications:
    (i) Not less than \1/16\ inch in height on packages the principal 
display panel of which has an area of 7 square inches or less.
    (ii) Not less than \3/32\ inch in height on packages the principal 
display panel of which has an area of more than 7 but not more than 15 
square inches.
    (iii) Not less than \1/8\ inch in height on packages the principal 
display panel of which has an area of more than 15 but not more than 25 
square inches.
    (iv) Not less than \3/16\ inch in height on packages the principal 
display panel of which has an area of more than 25 but not more than 100 
square inches.
    (v) Not less than \1/4\ inch in height on packages the principal 
display panel of which has an area of more than 100 square inches.
    (5)(i) For the purpose of obtaining uniform type size for the 
required statement for all packages of substantially the same size, the 
area of the principal display panel is the area of the side or surface 
that bears the principal display panel, which shall be:
    (A) In the case of a rectangular package where one entire side 
properly can be considered to be the principal display panel, the 
product of the height times the width of that side.
    (B) In the case of a cylindrical or nearly cylindrical container, 40 
percent of the product of the height of the container times the 
circumference.
    (C) In the case of any other shape of container, 40 percent of the 
total surface of the container; however, if such container presents an 
obvious principal display (such as the top of a triangular or circular 
package), the area shall consist of the entire area of such obvious 
principal display panel.
    (ii) In determining the area of the principal display panel exclude 
tops, bottoms, flanges at the tops and bottoms of cans, and shoulders 
and necks of bottles or jars. In the case of cylindrical or nearly 
cylindrical containers, the labeling statement required by this section 
to appear on the principal display panel shall appear within that 40 
percent of the circumference most likely to be displayed, presented, 
shown, or examined.
    (b) Substitute labeling statement. If the area of the principal 
display panel, as determined in accordance with paragraph (a)(5) of this 
section, is too small to accommodate the statement required by paragraph 
(a)(1) using the type size required by paragraph (a)(4), the substitute 
statement ``Package Not Child-Resistant'' may be used. This substitute 
statement must comply with all of the requirements for size, placement, 
and conspicuousness prescribed by paragraph (a) of this section.

[40 FR 4650, Jan. 31, 1975]

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