(430 ILCS 40/3)
(from Ch. 111 1/2, par. 293)
(a) The Director may establish in accordance with the provisions of this
Act, by regulation, standards for the special packaging of any household
substance if he finds that:
(1) 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
(2) the special packaging to be required by such
standard is technically feasible, practicable, and appropriate for such substance.
(b) In establishing a standard under this Section, the Director shall
(1) the reasonableness of such standard;
(2) available scientific, medical, and engineering
data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances;
(3) the manufacturing practices of industries
affected by this Act; and
(4) the nature and use of the household substance.
(c) In carrying out this Act, the Director shall publish his findings,
his reasons therefor, and citation of the Sections of statutes which
authorize his action.
(d) Nothing in this Act authorizes the Director to prescribe specific
packaging designs, product content, package quantity, or, with the
exception of authority granted in Section 4(a)(2) of this Act, labeling.
In the case of a household substance for which special packaging is
required pursuant to a regulation under this Section, the Director may in
such regulation prohibit the packaging of such substance in packages which
he determines are unnecessarily attractive to children.
(Source: P.A. 77-2158