[§330C-3]  Definitions.  For thepurposes of this chapter:

(1)  “Director” means the director of health.

(2)  “Household substance” means any substance whichis customarily produced or distributed for sale for consumption or use, orcustomarily stored, by individuals in or about the household and which is:

(A)  A hazardous substance as defined by thissection;

(B)  A pesticide as defined by this section;

(C)  A food, drug, or cosmetic as those termsare defined by section 328-1; or

(D)  A substance intended for use as fuel whenstored in a portable container and used in the heating, cooking, orrefrigeration system of a house.

(3)  “Hazardous substance” means:

(A)  Any substance or mixture of substanceswhich (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strongsensitizer, (v) is flammable or combustible, or (vi) generates pressure throughdecomposition, heat, or other means, if such substance or mixture of substancesmay cause substantial personal injury or substantial illness during or as aproximate result of any customary or reasonably foreseeable handling or use,including reasonably foreseeable ingestion by children.

(B)  Any substances which the director by rulefinds pursuant to section 330C-4(1), meet the requirements of subparagraph (A)of this paragraph.

(C)  Any radioactive substances, if, withrespect to such substances as used in a particular class of article or aspackaged, the director determines by regulation that the substance issufficiently hazardous to require labeling in accordance with this chapter inorder to protect the public health.

(D)  The term “hazardous substance” shall notapply to pesticides subject to the Federal Insecticide, Fungicide, andRodenticide Act, nor to foods, drugs, and cosmetics subject to the FederalFood, Drug, and Cosmetic Act, nor to substances intended for use as fuels whenstored in containers and used in the heating, cooking, or refrigeration systemof a house, but such term shall apply to any article which is not itself aneconomic poison within the meaning of the Federal Insecticide, Fungicide, andRodenticide Act but which is a hazardous substance within the meaning ofsubparagraph (A) of this paragraph by reason of bearing or containing such apesticide.

(E)  The term “hazardous substance” shall notinclude any source material, special nuclear material, or byproduct material asdefined in the Atomic Energy Act of 1954, as amended, and regulations issuedpursuant thereto by the Atomic Energy Commission.

(4)  “Pesticide” means:

(A)  Any substance or mixture of substancesintended for preventing, destroying, repelling, or mitigating any insects,rodents, nematodes, fungi, weeds, and other forms of plant or animal life orviruses, except viruses on or in living persons or other animals, which theboard of agriculture or the administrator of the environmental protectionagency shall declare to be a pest, and

(B)  Any substance or mixture of substancesintended for use as a plant regulator, defoliant, or desiccant.

(5)  “Package” means the immediate container orwrapping in which any household substance is contained for consumption, use, orstorage by individuals in or about the household, and, for purposes of section330C-5(a)(2), also means any outer container or wrapping used in the retaildisplay of any such substance to consumers.  The term does not include:

(A)  Any shipping container or wrapping usedsolely for the transportation of any household substance in bulk or in quantityto manufacturers, packers, or processors, or to wholesale or retaildistributors thereof, or

(B)  Any shipping container or outer wrappingused by retailers to ship or deliver any household substance to consumersunless it is the only such container or wrapping.

(6)  “Special packaging” means packaging that isdesigned or constructed to be significantly difficult for children under fiveyears of age to open or obtain a toxic or harmful amount of the substancecontained therein within a reasonable time and not difficult for normal adultsto use properly, but does not mean packaging which all such children cannotopen or obtain a toxic or harmful amount within a reasonable time.

(7)  “Labeling” means all labels and other written,printed, or graphic matter (A) upon any household substance or its package, or(B) accompanying such substance.

(8)  “Federal Act” means the Poison PreventionPackaging Act of 1970 (Public Law 91-601). [L 1974, c 216, pt of §1; gen ch1993]

 

Note

 

  Reference to the Atomic Energy Commission should be to theNuclear Regulatory Commission.