State Codes and Statutes

Statutes > California > Hsc > 108685-108710

HEALTH AND SAFETY CODE
SECTION 108685-108710



108685.  The department shall, pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, adopt regulations establishing standards for the
special packaging of any household substance in accordance with this
chapter if the regulations do not differ in substance or proscribe or
require conduct that differs from the federal act or regulations
issued pursuant to the federal act and if the department finds as
follows:
   (a) The degree or nature of the hazard to children in the
availability of the substance, by reason of its packaging, is such
that special packaging is required to protect children from serious
personal injury or serious illness resulting from handling, using, or
ingesting the substance.
   (b) The special packaging to be required by the standard is
technically feasible, practicable, and appropriate for the substance.




108690.  In establishing a standard under Section 108685, the
department shall consider all of the following:
   (a) The reasonableness of the standard.
   (b) Available scientific, medical, and engineering data concerning
special packaging and concerning childhood accidental ingestions,
illness, and injury caused by household substances.
   (c) The manufacturing practices of industries affected by the
standard.
   (d) The nature and use of the household substance.



108695.  To the extent that the requirements of this chapter are
identical with the federal act, all regulations and any amendments to
the regulations adopted pursuant to the federal act, that are in
effect on January 1, 1978, or that are adopted on or after that date,
shall be the poison prevention packaging regulations of this state.




108700.  Any federal regulation adopted by the department pursuant
to this chapter shall take effect in this state 30 days after it
becomes effective as a federal regulation. Any person who would be
adversely affected by adoption of the federal regulation in this
state may, within the 30 days prior to its becoming effective in this
state, file with the state department, in writing, objections and a
request for a hearing. The timely filing of substantial objections to
a regulation that has become effective under the federal act, shall
stay the adoption of the regulation in this state as a state
regulation.


108705.  If substantial objections are made to a federal regulation
within 30 days prior to its becoming effective in this state or to a
proposed regulation within 30 days after it is published, the
department, after notice, shall conduct a public hearing to receive
evidence on issues raised by the objections. Any interested person or
his or her representative shall be heard at the hearing. The
department shall act upon objections by order and shall mail the
order to objectors by certified mail within a reasonable period of
time after the hearing. The order shall be based on evidence
contained in the record of the hearing. If the order concerns a
proposed regulation of the department, the department may withdraw it
or set an effective date for the regulation as published or as
modified by the order. The effective date shall be at least 60 days
after publication of the order.



108710.  Nothing in this chapter shall authorize the department to
prescribe specific packaging designs, product content, or package
quantity, except as provided in subdivision (b) of Section 108715. In
the case of a household substance for which special packaging is
required pursuant to a regulation under this chapter, the department
may prohibit the packaging of the substance in packages that it
determines are unnecessarily attractive to children.


State Codes and Statutes

Statutes > California > Hsc > 108685-108710

HEALTH AND SAFETY CODE
SECTION 108685-108710



108685.  The department shall, pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, adopt regulations establishing standards for the
special packaging of any household substance in accordance with this
chapter if the regulations do not differ in substance or proscribe or
require conduct that differs from the federal act or regulations
issued pursuant to the federal act and if the department finds as
follows:
   (a) The degree or nature of the hazard to children in the
availability of the substance, by reason of its packaging, is such
that special packaging is required to protect children from serious
personal injury or serious illness resulting from handling, using, or
ingesting the substance.
   (b) The special packaging to be required by the standard is
technically feasible, practicable, and appropriate for the substance.




108690.  In establishing a standard under Section 108685, the
department shall consider all of the following:
   (a) The reasonableness of the standard.
   (b) Available scientific, medical, and engineering data concerning
special packaging and concerning childhood accidental ingestions,
illness, and injury caused by household substances.
   (c) The manufacturing practices of industries affected by the
standard.
   (d) The nature and use of the household substance.



108695.  To the extent that the requirements of this chapter are
identical with the federal act, all regulations and any amendments to
the regulations adopted pursuant to the federal act, that are in
effect on January 1, 1978, or that are adopted on or after that date,
shall be the poison prevention packaging regulations of this state.




108700.  Any federal regulation adopted by the department pursuant
to this chapter shall take effect in this state 30 days after it
becomes effective as a federal regulation. Any person who would be
adversely affected by adoption of the federal regulation in this
state may, within the 30 days prior to its becoming effective in this
state, file with the state department, in writing, objections and a
request for a hearing. The timely filing of substantial objections to
a regulation that has become effective under the federal act, shall
stay the adoption of the regulation in this state as a state
regulation.


108705.  If substantial objections are made to a federal regulation
within 30 days prior to its becoming effective in this state or to a
proposed regulation within 30 days after it is published, the
department, after notice, shall conduct a public hearing to receive
evidence on issues raised by the objections. Any interested person or
his or her representative shall be heard at the hearing. The
department shall act upon objections by order and shall mail the
order to objectors by certified mail within a reasonable period of
time after the hearing. The order shall be based on evidence
contained in the record of the hearing. If the order concerns a
proposed regulation of the department, the department may withdraw it
or set an effective date for the regulation as published or as
modified by the order. The effective date shall be at least 60 days
after publication of the order.



108710.  Nothing in this chapter shall authorize the department to
prescribe specific packaging designs, product content, or package
quantity, except as provided in subdivision (b) of Section 108715. In
the case of a household substance for which special packaging is
required pursuant to a regulation under this chapter, the department
may prohibit the packaging of the substance in packages that it
determines are unnecessarily attractive to children.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 108685-108710

HEALTH AND SAFETY CODE
SECTION 108685-108710



108685.  The department shall, pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, adopt regulations establishing standards for the
special packaging of any household substance in accordance with this
chapter if the regulations do not differ in substance or proscribe or
require conduct that differs from the federal act or regulations
issued pursuant to the federal act and if the department finds as
follows:
   (a) The degree or nature of the hazard to children in the
availability of the substance, by reason of its packaging, is such
that special packaging is required to protect children from serious
personal injury or serious illness resulting from handling, using, or
ingesting the substance.
   (b) The special packaging to be required by the standard is
technically feasible, practicable, and appropriate for the substance.




108690.  In establishing a standard under Section 108685, the
department shall consider all of the following:
   (a) The reasonableness of the standard.
   (b) Available scientific, medical, and engineering data concerning
special packaging and concerning childhood accidental ingestions,
illness, and injury caused by household substances.
   (c) The manufacturing practices of industries affected by the
standard.
   (d) The nature and use of the household substance.



108695.  To the extent that the requirements of this chapter are
identical with the federal act, all regulations and any amendments to
the regulations adopted pursuant to the federal act, that are in
effect on January 1, 1978, or that are adopted on or after that date,
shall be the poison prevention packaging regulations of this state.




108700.  Any federal regulation adopted by the department pursuant
to this chapter shall take effect in this state 30 days after it
becomes effective as a federal regulation. Any person who would be
adversely affected by adoption of the federal regulation in this
state may, within the 30 days prior to its becoming effective in this
state, file with the state department, in writing, objections and a
request for a hearing. The timely filing of substantial objections to
a regulation that has become effective under the federal act, shall
stay the adoption of the regulation in this state as a state
regulation.


108705.  If substantial objections are made to a federal regulation
within 30 days prior to its becoming effective in this state or to a
proposed regulation within 30 days after it is published, the
department, after notice, shall conduct a public hearing to receive
evidence on issues raised by the objections. Any interested person or
his or her representative shall be heard at the hearing. The
department shall act upon objections by order and shall mail the
order to objectors by certified mail within a reasonable period of
time after the hearing. The order shall be based on evidence
contained in the record of the hearing. If the order concerns a
proposed regulation of the department, the department may withdraw it
or set an effective date for the regulation as published or as
modified by the order. The effective date shall be at least 60 days
after publication of the order.



108710.  Nothing in this chapter shall authorize the department to
prescribe specific packaging designs, product content, or package
quantity, except as provided in subdivision (b) of Section 108715. In
the case of a household substance for which special packaging is
required pursuant to a regulation under this chapter, the department
may prohibit the packaging of the substance in packages that it
determines are unnecessarily attractive to children.