§330C-5  Conventional packages, marketing,labeling statements.  (a)  For the purposes of making any householdsubstance which is subject to a standard established under section 330C-4readily available to elder or handicapped persons unable to use such substancewhen packaged in compliance with such standard, the manufacturer or packer, asthe case may be, may package any household substance, subject to such astandard, in packaging of a single size which does not comply with suchstandard if:

(1)  The manufacturer or packer also supplies suchsubstance in packages which comply with such standard; and

(2)  The packages of such substance which do not meetsuch standard bear conspicuous labeling stating:  “This package for householdswithout young children”; except that the director may by rule prescribe asubstitute statement to the same effect for packaging too small to accommodatesuch labeling.

(b)  In the case of a household substance whichis subject to such a standard and which is dispensed pursuant to an order of aphysician, dentist, or other licensed medical practitioner authorized toprescribe, such substance may be dispensed in noncomplying packages only whendirected in such order or when requested by the purchaser.

(c)  In the case of a household substancesubject to such a standard which is packaged under subsection (a) in anoncomplying package, if the director determines that such substance is notalso being supplied by a manufacturer or packer in popular size packages whichcomply with such standard, the director may, after giving the manufacturer orpacker an opportunity to comply with the purposes of this chapter, by orderrequire such substance to be packaged by such manufacturer or packerexclusively in special packaging complying with such standard if the directorfinds, after opportunity for hearing, that such exclusive use of specialpackaging is necessary to accomplish the purposes of this chapter. [L 1974, c216, pt of §1; gen ch 1985; am L 1990, c 67, §8]