1700.20

or another product of identical composition,has previously

been marketed in packaging using either a nonmetal package or a nonmetal closure.

 (3) Justification. A manufacturer or packager of a product that is in a metal container or aerosol form that the manufacturer or packager contends is not required to comply with the SAUE requirements of 

1700.20(a)(3)shall provide,if requested bu the Commissions staff,a written explanation of why the product must have a metal container or be an aerosol.Manufacturers and packagers who wish to do so voluntarily may submit to the Commissions Office of Compliance a rationale for why their product must be in metal containers or be an aerosol.In such cases,the staff will reply to the manufacturer or packager,if requested,stating the staffs views on the adequacy of the rationale.

  (C)Reuse of special pakaging.Special packaging for substances subject to the provisions of this paragraph shall not be reused.

  (d)Restricted flow.Special packaging subject to the provisions of this paragraph shall be special packanging from which the flow of liquid is so restricted that not more than 2 milliliters of the contents can be obtained when the inverted,opened container is taken or squeezed once or when the container is otherwise activated once.

(Secs.2(4),3,5,84 Stat,1670-72;15 U.S.C.1471(4),1472,1474)

[38 FR 21247,Aug.7,1973,as amended at 60 FR 37734,July 21,1995]

1700.20 Testing procedure for special packaging.

  (a) Test protocols-(1) General requirements-(i) Requirements for packaging.As specified in 1700.15(b),special packaging is required to meet the child tset requirements and tge applicable adult test requirements of this 1700.20.

  (ii)Condition of packages to be tested-(A)Tamper-resistant feature.Any tamper-resistant feature of the package to be tseted shall be removed prior to testing unless it is part of the packages child-resistant design.Where a package is supplied to the consumer in package is supplied to the consumer in an outer package that is not part of an outer package that is not part of the packages child-resistant design,one of the following situations applies:

 16 CFR Ch.11(1-1-16 Edition)

 (1) In the child test,the package is removed from the outer package,and tge outer package is not given to the child.

 (2) In both the adult tests,if the outer package bears instructions for how to open orproperly resecure the package,the package shall be given to the test subject in the outer package.The time required to remove the package from the outer package is not counted in the times allowed for attemoting to open and,if appropriate,reclose the package.

 (3)In both the adult tests,if the outer package does not bear any instructions relevant to the test,the package will be removed from the outer packger,and the outer package will not be given to the test subject.

 (B) Reclosable packages-adult tests.In both the adult tests,reclosable packages,if assembled by the testing agency,shall be properly secured at least 72 hours prior to beginning the test to allow the materials (e.g., the closyre liner) to "take a set."If assembled by the testing agency,torque-dependent closures shall be secured at the same on-torque si applied on the packaging line.Appliction torques must be recorded in the test report.All packages or jarring will occur during storage or transportation.The packages shall not be exposed to extreme conditions of heat or cold.The packages shall be tested at room temperature.

 (2) Child test-(i)Test subjects-(A)Selection criteria.Use from 1 to 4 groups pf 50 children,as required under the sequential testing criteria in tavle 1.No more than 20% of the children in each group shall be tested at or obtained from any given site.Each group of children shall be randomly selected as to age,subject to the limitations set forth below.Thirty percent of the children in each group shall be of age 42-44 months,40% of the children in each group shall be of age 45-48 months,and 30% of the children in each group shall be of age 49-51 months.The childrens ages in months shall be calculated as follows;

 (1) Arrange the birth date and test date by the numerical designations for month,day,and year(e.g.,test date:8/3/1990;birth date:6/23/1986