§ 23-24.1-4 Exceptions. – (a) For the purpose of making any household substance which is subject to astandard established under § 23-24.1-3 readily available to persons whoare elderly or disabled who are unable to use the substance when packaged incompliance with the standard, the manufacturer or packer may package anyhousehold substance, subject to a standard, in packaging of a single size whichdoes not comply with the standard if:
(1) The manufacturer or packer also supplies the substancesin packages which comply with the standard; and
(2) The packages of the substance which do not meet thestandard bear conspicuous labeling stating: "This package for householdswithout young children"; except that the director may by regulation prescribe asubstitute statement to the same effect for packaging too small to accommodatethat labeling.
(b) In the case of a household substance which is subject toa standard and which is dispensed pursuant to an order of a physician, dentist,or other licensed medical practitioner authorized to prescribe, that substancemay be dispensed in non-complying packages only when directed in that order orwhen requested by the purchaser.
(c) In the case of a household substance subject to astandard which is packaged under subsection (a) in a non-complying package, ifthe director determines that the substance is not also being supplied by amanufacturer or packer in popular size packages which comply with thatstandard, he or she may, after giving the manufacturer or packer an opportunityto comply with the purposes of this chapter, by order require the substance tobe packaged by the manufacturer or packer exclusively in special packagingcomplying with the standard if he or she finds, after opportunity for hearing,that exclusive use of special packaging is necessary to accomplish the purposesof this chapter.
§ 23-24.1-4 Exceptions. – (a) For the purpose of making any household substance which is subject to astandard established under § 23-24.1-3 readily available to persons whoare elderly or disabled who are unable to use the substance when packaged incompliance with the standard, the manufacturer or packer may package anyhousehold substance, subject to a standard, in packaging of a single size whichdoes not comply with the standard if:
(1) The manufacturer or packer also supplies the substancesin packages which comply with the standard; and
(2) The packages of the substance which do not meet thestandard bear conspicuous labeling stating: "This package for householdswithout young children"; except that the director may by regulation prescribe asubstitute statement to the same effect for packaging too small to accommodatethat labeling.
(b) In the case of a household substance which is subject toa standard and which is dispensed pursuant to an order of a physician, dentist,or other licensed medical practitioner authorized to prescribe, that substancemay be dispensed in non-complying packages only when directed in that order orwhen requested by the purchaser.
(c) In the case of a household substance subject to astandard which is packaged under subsection (a) in a non-complying package, ifthe director determines that the substance is not also being supplied by amanufacturer or packer in popular size packages which comply with thatstandard, he or she may, after giving the manufacturer or packer an opportunityto comply with the purposes of this chapter, by order require the substance tobe packaged by the manufacturer or packer exclusively in special packagingcomplying with the standard if he or she finds, after opportunity for hearing,that exclusive use of special packaging is necessary to accomplish the purposesof this chapter.
§ 23-24.1-4 Exceptions. – (a) For the purpose of making any household substance which is subject to astandard established under § 23-24.1-3 readily available to persons whoare elderly or disabled who are unable to use the substance when packaged incompliance with the standard, the manufacturer or packer may package anyhousehold substance, subject to a standard, in packaging of a single size whichdoes not comply with the standard if:
(1) The manufacturer or packer also supplies the substancesin packages which comply with the standard; and
(2) The packages of the substance which do not meet thestandard bear conspicuous labeling stating: "This package for householdswithout young children"; except that the director may by regulation prescribe asubstitute statement to the same effect for packaging too small to accommodatethat labeling.
(b) In the case of a household substance which is subject toa standard and which is dispensed pursuant to an order of a physician, dentist,or other licensed medical practitioner authorized to prescribe, that substancemay be dispensed in non-complying packages only when directed in that order orwhen requested by the purchaser.
(c) In the case of a household substance subject to astandard which is packaged under subsection (a) in a non-complying package, ifthe director determines that the substance is not also being supplied by amanufacturer or packer in popular size packages which comply with thatstandard, he or she may, after giving the manufacturer or packer an opportunityto comply with the purposes of this chapter, by order require the substance tobe packaged by the manufacturer or packer exclusively in special packagingcomplying with the standard if he or she finds, after opportunity for hearing,that exclusive use of special packaging is necessary to accomplish the purposesof this chapter.
