MARVIN MANDEL, Governor

2193

SUBSTANCE WHICH IS SUBJECT TO A STANDARD ESTABLISHED
UNDER SECTION [[3]] 871 READILY AVAILABLE TO ELDERLY OR
HANDICAPPED PERSONS UNABLE TO USE THE SUBSTANCE WHEN
PACKAGED IN COMPLIANCE WITH THE STANDARD, THE
MANUFACTURER OR PACKER MAY PACKAGE ANY HOUSEHOLD
SUBSTANCE, SUBJECT TO SUCH A STANDARD, IN PACKAGING OF A
SINGLE SIZE OF WHICH DOES NOT COMPLY WITH SUCH STANDARD
IF;

(1)    THE MANUFACTURER (OR PACKER) ALSO
SUPPLIES THE SUBSTANCE IN PACKAGES WHICH COMPLY WITH THE
STANDARD; AND

(2)    THE PACKAGES OF THE SUBSTANCE WHICH DO
NOT MEET THE STANDARD BEAR CONSPICUOUS LABELING STATING:
"THIS PACKAGE FOR HOUSEHOLDS WITHOUT YOUNG CHILDREN";
EXCEPT THAT THE SECRETARY MAY BY REGULATION PRESCRIBE A
SUBSTITUTE STATEMENT TO THE SAME EFFECT FOR PACKAGING TOO
SMALL TO ACCOMODATE SUCH LABELING.

(B)    IN THE CASE OF A HOUSEHOLD SUBSTANCE WHICH IS
SUBJECT TO A STANDARD AND WHICH IS DISPENSED PURSUANT TO
AN ORDER OF A PHYSICIAN, DENTIST, OR OTHER LICENSED
MEDICAL PRACTITIONER AUTHORIZED TO PRESCRIBE, THE
SUBSTANCE MAY BE DISPENSED IN NONCOMPLYING PACKAGES ONLY
WHEN DIRECTED IN THE ORDER OR WHEN REQUESTED BY THE
PURCHASER.

(C)    IN THE CASE OF A HOUSEHOLD SUBSTANCE SUBJECT
TO A STANDARD WHICH IS PACKAGED UNDER SUBSECTION (A) IN A
NONCOMPLYING PACKAGE, IF THE SECRETARY DETERMINES THAT
THE SUBSTANCE IS NOT ALSO BEING SUPPLIED BY A
MANUFACTURER (OR PACKER) IN POPULAR SIZE PACKAGES WHICH
COMPLY WITH THE STANDARD, HE MAY, AFTER GIVING THE
MANUFACTURER (OR PACKER) AN OPPORTUNITY TO COMPLY WITH
THE PURPOSES OF THIS ACT, BY ORDER REQUIRE THE SUBSTANCE
TO BE PACKAGED BY SUCH MANUFACTURER (OR PACKER)
EXCLUSIVELY IN SPECIAL PACKAGING COMPLYING WITH THE
STANDARD IF HE FINDS, AFTER OPPORTUNITY FOR HEARING, THAT
SUCH EXCLUSIVE USE OF SPECIAL PACKAGING IS NECESSARY TO
ACCOMPLISH THE PURPOSES OF THIS ACT.

874.

(A)    PROCEEDINGS TO ISSUE, AMEND, OR REPEAL A
REGULATION PRESCRIBING A STANDARD UNDER SECTION [(3]] 871
FOR THE EFFICIENT ENFORCEMENT OF THIS SUBHEADING IS
HEREBY VESTED IN THE SECRETARY. THE SECRETARY IS HEREBY
AUTHORIZED TO MAKE THE REGULATIONS PROMULGATED UNDER THIS
SUBHEADING TO CONFORM INSOFAR AS PRACTICABLE WITH THOSE
PROMULGATED UNDER THE FEDERAL ACT.

(B)    HEARINGS AUTHORIZED OR REQUIRED BY THIS
SUBHEADING SHALL BE CONDUCTED BY    THE SECRETARY OR SUCH
OFFICER, AGENT, OR EMPLOYEE AS THE SECRETARY MAY
DESIGNATE FOR THE PURPOSE.

(C)    A FEDERAL REGULATION AUTOMATICALLY ADOPTED