Consumer Product Safety Commission (CPSC) administers Poison Prevention Packaging Act pursuant to 15 U.S.C. §§ 1471-1476, 16 CFR Subchapter E; §§ 1700 – 1702. CPSC, broadly speaking, provides regulation standards for the special packaging of any household substance that the Commission finds pose 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. If the product fits the scope above, then the importer and/or the person placing the product in the United States commerce is subject to certain labeling and packaging requirements. Specifically, the statement “This Package for Households Without Young Children” shall appear conspicuously on the package of any household substance subject to the special packaging requirements that is supplied in noncomplying packaging, unless the package bears the substitute labeling statement (see Sec. 1700.5(a) for details). Substitute statement “Package Not Child-Resistant” may be used (see Sec. 1700.5(b) for details). Also, the packaging must conform to the requirements under Sec. 1700.15.
The scope of Consumer Product Safety Commission authority is broadly established to extend to any consumer product from which the risk of injury could occur (see 16 CFR 1145.1). Legal authority includes: Consumer Product Safety Improvement Act Consumer Product Safety Act (15 U.S.C. §§ 2051-2084 (CPSA); 16 CFR Subchapter B Sections 1101 – 1412) Federal Hazardous Substances Act (15 U.S.C. §§ 1261-1278; 16 CFR Subchapter C; Sections 1500 – 1513) Flammable Fabrics Act (15 U.S.C. §§ 1191-1204; 16 CFR Subchapter D; §§ 1602 – 1633) Poison Prevention Packaging Act (15 U.S.C. §§ 1471-1476; 16 CFR Subchapter E; §§ 1700 – 1702) Importers and/or persons selling the product in the United States are required to certify their compliance. Certification requirements broadly apply to “all products subject to CPSA bans as well as standards, or to any “similar rule, ban, standard, or regulation under any other Act enforced by the Commission.” Unless an exception applies, both importer and manufacturer are required to certify. This flyer, made available by Sandler, Travis & Rosenberg, while a little outdated at this point, nonetheless provides a good idea on conformity certification applicability.