Consumer Law at Your Fingertips

Hazardous Substances

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
• Mouthwash
• 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.