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



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



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



(A)  A hazardous substance as defined by this
section;



(B)  A pesticide as defined by this section;



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



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



(3)  “Hazardous substance” means:



(A)  Any substance or mixture of substances
which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong
sensitizer, (v) is flammable or combustible, or (vi) generates pressure through
decomposition, heat, or other means, if such substance or mixture of substances
may cause substantial personal injury or substantial illness during or as a
proximate result of any customary or reasonably foreseeable handling or use,
including reasonably foreseeable ingestion by children.



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



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



(D)  The term “hazardous substance” shall not
apply to pesticides subject to the Federal Insecticide, Fungicide, and
Rodenticide Act, nor to foods, drugs, and cosmetics subject to the Federal
Food, Drug, and Cosmetic Act, nor to substances intended for use as fuels when
stored in containers and used in the heating, cooking, or refrigeration system
of a house, but such term shall apply to any article which is not itself an
economic poison within the meaning of the Federal Insecticide, Fungicide, and
Rodenticide Act but which is a hazardous substance within the meaning of
subparagraph (A) of this paragraph by reason of bearing or containing such a
pesticide.



(E)  The term “hazardous substance” shall not
include any source material, special nuclear material, or byproduct material as
defined in the Atomic Energy Act of 1954, as amended, and regulations issued
pursuant thereto by the Atomic Energy Commission.



(4)  “Pesticide” means:



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



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



(5)  “Package” means the immediate container or
wrapping in which any household substance is contained for consumption, use, or
storage by individuals in or about the household, and, for purposes of section
330C-5(a)(2), also means any outer container or wrapping used in the retail
display of any such substance to consumers.  The term does not include:



(A)  Any shipping container or wrapping used
solely for the transportation of any household substance in bulk or in quantity
to manufacturers, packers, or processors, or to wholesale or retail
distributors thereof, or



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



(6)  “Special packaging” means packaging that is
designed or constructed to be significantly difficult for children under five
years of age to open or obtain a toxic or harmful amount of the substance
contained therein within a reasonable time and not difficult for normal adults
to use properly, but does not mean packaging which all such children cannot
open 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 Prevention
Packaging Act of 1970 (Public Law 91-601). [L 1974, c 216, pt of §1; gen ch
1993]



 



Note



 



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