The director may set special packaging standards for household substances and may ban packaging that is unnecessarily attractive to children, but cannot prescribe specific designs, product content, package quantity, or labeling except as allowed elsewhere.
The director shall carry out and effectuate the purpose of this chapter by rules adopted under chapter 91 including but not limited to the following: (1) The director may establish in accordance with this chapter, by rule, standards for the special packaging of any household substance if the director finds that: (A) 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 (B) The special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance. (2) In establishing a standard under this section, the director shall consider: (A) The reasonableness of such standard; (B) Available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances; (C) The manufacturing practices of industries affected by this chapter; and (D) The nature and use of the household substance. (3) In carrying out this chapter, the director shall publish the director's findings, the director's reasons therefor, and citation of the sections of statutes which authorize the director's action. (4) Nothing in this chapter shall authorize the director to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in section 330C-5(a)(2), labeling. In the case of a household substance for which special packaging is required pursuant to a rule under this section, the director may in such rule prohibit the packaging of such substance in packages which the director determines are unnecessarily attractive to children. (5) Compliance with federal regulations prescribing standards issued pursuant to the Federal Act shall be deemed in compliance with this chapter. [L 1974, c 216, pt of §1; gen ch 1985]