(a) Noncomplying packages for elderly or handicapped persons;
labeling statements
For the purpose of making any household substance which is
subject to a standard established under section 1472 of this title
readily available to elderly or handicapped persons unable to use
such substance when packaged in compliance with such standard, the
manufacturer or packer, as the case may be, may package any
household substance, subject to such a standard, in packaging of a
single size which does not comply with such standard if -
(1) the manufacturer (or packer) also supplies such substance
in packages which comply with such standard; and
(2) the packages of such substance which do not meet such
standard bear conspicuous labeling stating: "This package for
households without young children"; except that the Commission
may by regulation prescribe a substitute statement to the same
effect for packaging too small to accommodate such labeling.
(b) Noncomplying packages for substances dispensed pursuant to
orders of medical practitioners
In the case of a household substance which is subject to such a
standard and which is dispensed pursuant to an order of physician,
dentist, or other licensed medical practitioner authorized to
prescribe, such substance may be dispensed in noncomplying packages
only when directed in such order or when requested by the
purchaser.
(c) Exclusive use of special packaging; necessary circumstances
In the case of a household substance subject to such a standard
which is packaged under subsection (a) of this section in a
noncomplying package, if the Commission determines that such
substance is not also being supplied by a manufacturer (or packer)
in popular size packages which comply with such standard, it may,
after giving the manufacturer (or packer) an opportunity to comply
with the purposes of this Act, by order require such substance to
be packaged by such manufacturer (or packer) exclusively in special
packaging complying with such standard if it finds, after
opportunity for hearing, that such exclusive use of special
packaging is necessary to accomplish the purposes of this Act.
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