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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

Ref : EIC 111/2 EIC 111/4

13 November 2001

Dear Sirs,

Commercial Information Circular No. 173/01

US : Child-Resistant Packaging Requirement for Household Products and
Cosmetics Containing Low-Viscosity Hydrocarbons

The US Consumer Product Safety Commission (CPSC) announced in Federal Register notice of 25 October 2001 final rules, under the Poison Prevention Packaging Act of 1970, requiring child-resistant packaging for certain common household products and cosmetics containing low-viscosity hydrocarbons. The new packaging requirement will take effect on 25 October 2002 and will apply to covered products packaged on or after that date. A copy of the notice ( pdf format)  is attached for reference. Major provisions of the rules which may be of interests to the trade are summarised in the following paragraphs.

 

Purpose of the Requirement

  1. The requirement is intended to protect children under five years of age from serious injury associated with aspiration of hydrocarbon products. These chemicals are the primary ingredients in a multitude of consumer products to which children have access and are capable of causing chemical pneumonia and death following aspiration.

 

Scope of the Rules

  1. The rules apply to certain prepackaged nonemulsion-type liquid household chemical products, including drugs and cosmetics, that contain 10 percent or more hydrocarbons by weight and have a viscosity of less than 100 Saybolt Universal Seconds (SUS) at 100F. These products should be packaged in accordance with standards as set out in part 1700.15 of the Poison Prevention Packaging Act of 1970.

  2. Some examples of hydrocarbon-containing products covered by the new rules include:

  1. Cosmetics: some sunscreens, nail enamel dryers, makeup removers, baby/hair/body/bath/message oils;

  2. Automotive chemicals: some gasoline additives, fuel injection cleaners, carburetor cleaners;

  3. Cleaning solvents: some wood oil cleaners, metal cleaners, adhesive removers, spot removers, general-use household oils, gun cleaning solvents containing kerosene; and

  4. Certain water repellents containing mineral spirits used for decks, shoes, and sports equipment.

 

Exemptions

  1. The following products are exempted from the new packaging requirements:

  1. Products in packages in which the only non-child-resistant access to the contents is by a spray device (e.g. aerosols, pump- or trigger-actuated spray where the pump or trigger mechanism has either a child-resistant or permanent attachment to the package);

  2. Certain writing markers and ballpoint pens; and

  3. Products from which the liquid cannot flow freely (e.g. paint markers, battery terminal cleaners, makeup removal pads).

CPSC has previously stated that the child-resistant packaging requirement would also generally not cover foods or such cosmetic products as creams, lotions, gels, wipes and saturated pads.

 

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

 

Yours faithfully,

 

(Miss Sofie Chow)

for Director-General of Trade and Industry



Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.