--- kind: "section" citation: "15 U.S.C. § 1476" title: "15" title_heading: "Commerce and Trade" number: "1476" heading: "Preemption of Federal standards" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/15/1476" units: - "Chapter 39A — Special Packaging of Household Substances for Protection of Children" --- # §1476. Preemption of Federal standards - (a) **Exception for identical State standards—** Except as provided in subsections [(b)](#b) and [(c)](#c), whenever a standard established by the [Commission](/usc/15/1471.md?p=1) under this Act applicable to a [household substance](/usc/15/1471.md?p=2) is in effect, no [State](/usc/15/15g.md?p=2) or political subdivision thereof shall have any authority either to establish or continue in effect, with respect to such [household substance](/usc/15/1471.md?p=2), any standard for [special packaging](/usc/15/1471.md?p=4) (and any exemption therefrom and requirement related thereto) which is not identical to the standard established under [section 1472 of this title](/usc/15/1472.md) (and any exemption therefrom and requirement related thereto) of this Act. - (b) **Federal or State standards which afford a higher degree of protection—** The Federal Government and the government of any [State](/usc/15/15g.md?p=2) or political subdivision of a [State](/usc/15/15g.md?p=2) may establish and continue in effect, with respect to a [household substance](/usc/15/1471.md?p=2) for its own use, a standard for [special packaging](/usc/15/1471.md?p=4) or related requirement which is designed to protect against a risk of illness or injury with respect to which a standard for [special packaging](/usc/15/1471.md?p=4) or related requirement is in effect under this Act and which is not identical to such standard or requirement if the Federal, [State](/usc/15/15g.md?p=2), or political subdivision standard or requirement provides a higher degree of protection from such risk of illness or injury than the standard or requirement in effect under this Act. - (c) **Exemption for State standards; requirements; determination of burden on interstate commerce; notice and hearing—** - (1) Upon application of a [State](/usc/15/15g.md?p=2) or political subdivision of a [State](/usc/15/15g.md?p=2), the [Commission](/usc/15/1471.md?p=1) may, by regulation promulgated in accordance with [paragraph (2)](#c-2), exempt from [subsection (a)](#a), under such conditions as may be prescribed in such regulation, any standard for [special packaging](/usc/15/1471.md?p=4) or related requirement of such [State](/usc/15/15g.md?p=2) or political subdivision applicable to a [household substance](/usc/15/1471.md?p=2) subject to a standard or requirement in effect under this Act if— - (A) compliance with the [State](/usc/15/15g.md?p=2) or political subdivision standard or requirement would not cause the [household substance](/usc/15/1471.md?p=2) to be in violation of the standard or requirement in effect under this Act, and - (B) the [State](/usc/15/15g.md?p=2) or political subdivision standard or requirement (i) provides a significantly higher degree of protection from the risk of illness or injury with respect to which the Federal standard or requirement is in effect, and (ii) does not unduly burden interstate commerce. In determining the burden, if any, of a [State](/usc/15/15g.md?p=2) or political subdivision standard or requirement on interstate commerce the [Commission](/usc/15/1471.md?p=1) shall consider and make appropriate (as determined by the [Commission](/usc/15/1471.md?p=1) in its discretion) findings on the technological and economic feasibility of complying with such standard or requirement, the cost of complying with such standard or requirement, the geographic distribution of the [household substance](/usc/15/1471.md?p=2) to which the standard or requirement would apply, the probability of other [States](/usc/15/15g.md?p=2) or political subdivisions applying for an exemption under this subsection for a similar standard or requirement, and the need for a national, uniform standard or requirement under this Act for such [household substance](/usc/15/1471.md?p=2). - (2) A regulation under [paragraph (1)](#c-1) granting an exemption for a standard or requirement of a [State](/usc/15/15g.md?p=2) or political subdivision of a [State](/usc/15/15g.md?p=2) may be promulgated by the [Commission](/usc/15/1471.md?p=1) only after it has provided, in accordance with [section 553(b) of title 5](/usc/5/553.md?p=b) notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation. ## Source credit (Pub. L. 91–601, § 7, formerly § 8, Dec. 30, 1970, 84 Stat. 1673; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94–284, § 17(c), May 11, 1976, 90 Stat. 513; renumbered § 7, Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716.) ## Notes ### Editorial Notes ### References in Text For classification to the Code of “this Act”, referred to in text, see References in Text note set out under section 1471 of this title. ### Amendments 1976—Pub. L. 94–284 substituted “(a) Except as provided in subsections (b) and (c), whenever” for “Whenever” in existing provision, and added subsecs. (b) and (c). ### Statutory Notes and Related Subsidiaries ### Transfer of Functions “Commission” substituted for “Secretary” in subsec. (a) pursuant to section 30(a) of Pub. L. 92–573, which is classified to section 2079(a) of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Consumer Product Safety Commission. ### Preemption The provisions of this section establishing the extent to which the Poison Prevention Packaging Act of 1970 [15 U.S.C. 1471 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Poison Prevention Packaging Act of 1970, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.