This provision defines key terms used in the chapter, including director, household substance, hazardous substance, pesticide, package, special packaging, labeling, and Federal Act.
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.