Consumer Law at Your Fingertips
Poison Prevention Packaging
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)regulates poison prevention packaging. State and federal law require child-resistant packaging for many household substances that could harm children.
The U.S. Consumer Product Safety Commission has adopted poison prevention packaging requirements for a wide variety of products. Wisconsin Statutes section 100.43 requires sellers to comply with these federal requirements. Regulated products include:
- Chemical and cosmetic products
- Solvents and paint removers
- Drugs and dietary supplements.
DATCP may take action against products that violate poison prevention packaging standards. DATCP may:
- Ban improperly packaged products.
- Seek a court injunction under Wisconsin Statutes section 100.43(4)(c).
- Ask a district attorney to prosecute. Under Wisconsin Statutes section 100.26(1), there is a criminal penalty of $200 or 6 months in jail, or both.