333-016-0005 Definitions (1) “Act” as used in these rules means ORS 453.005 to 453.135 relating to hazardous substances. (2) “Administrator” means the Administrator of the Public Health Division of Oregon Health Authority. (3) “Hazardous Substances Intended or Packaged in a Form Suitable for Use in the Household” or “Hazardous Household Substances” means any hazardous substances as defined in the Act, whether or not packaged, that under any customary or reasonably forseeable condition of purchase, storage, or use may be brought into or around a house, apartment, or other place where people dwell, or in or around any related building or shed, including, but not limited to, a garage, carport, barn, or storage shed. The term includes such articles as polishes or cleaners designed primarily for professional use but that are available in retail stores such as hobby shops for nonprofessional use. Also included are such items as antifreeze and radiator cleaners that although principally for car use may be stored in or around dwelling places. The term does not include industrial supplies that might be taken into a home by a serviceman. An article labeled and marketed solely for industrial use does not become subject to this Act because of the possibility that an industrial worker may misappropriate a supply for his own use. Size of unit or container is not the only index of whether the article is suitable for use in or around the household. The test shall be whether under any reasonably foreseeable condition of purchase, storage, or use, the article may be likely to be found in or around a dwelling. (4) “Prominently” and “Conspicuously” means that under customary conditions of purchase, storage, and use, the required information shall be visible, noticeable, and in clear and legible English. Some factors affecting a warning’s prominence or conspicuousness are: location, size of type, and contrast of printing against background. Also bearing on the effectiveness of a warning might be the effect of the package contents if spilled on the label. Unless impracticable because of the nature of the substance, the label shall be of such construction and finish as to withstand reasonably foreseeable spillage through foreseeable use. (5) “Highly Toxic Substance” is any substance falling within any of the following categories: (a) Any substance that produces death within 14 days in half or more than half of a group of ten or more laboratory white rats each weighing between 200 grams and 300 grams, at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered; (b) Any substance that produces death within 14 days in half or more than half of a group of ten or more laboratory white rats each weighing between 200 grams and 300 grams when inhaled continuously for a period of one hour or less in an atmospheric concentration of 200 parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided that such concentration is likely to be encountered by humans when the substance is used in any reasonably foreseeable manner; (c) Any substance that produces death within 14 days in half or more than half of a group of ten or more rabbits weighing between 2.3 kilograms and 3.0 kilograms each, tested in a dosage of 200 milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for 24 hours or less by the method described in OAR 333-016-0020. The number of animals tested shall be sufficient to give a statistically significant result and be in conformity with good pharmacological practices; (d) Any substance determined by the Administrator to be “highly toxic” on the basis of human experience. (6) “Toxic Substance” means any substance other than radioactive substance falling within any of the following categories: (a) Any substance that produces death within 14 days in one-half or a group of ten or more white rats each weighing between 200 grams and 300 grams, at a single dose of more than 50 milligrams per kilogram but not more that five grams per kilogram of body weight, when orally administered. Substances falling in the toxicity range between 500 milligrams and five grams per kilogram of body weight will be considered for exemption from some or all of the labeling requirements of ORS 453.035 upon showing that, because of the physical form of the substances (solid, a thick plastic, emulsion, etc.) the size or closure of the container, human experience with the article, or any other relevant factors, such labeling is not needed; (b) Any substance that produces death within 14 days in one-half of a group of ten or more white rats each weighing between 200 grams and 300 grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of more than 200 parts per million, but not more than 20,000 parts per million by volume of gas or vapor or more than two milligrams but not more than 200 milligrams per liter by volume of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; (c) Any substance that produces death within 14 days in one-half of a group of ten or more rabbits weighing between 2.3 kilograms and 3.0 kilograms each tested at a dosage of more than 200 milligrams per kilogram of body weight but not more than 2 grams per kilogram of body weight when administered by continuous contact with the bare skin for 24 hours in the method described in rule 333-016-0020. The number of animals tested shall be sufficient to give statistically significant results and be in conformity with good pharmacological practice; (d) Any substance that is “toxic” (but not “highly toxic”) on the basis of human experience. (7) “Irritant” includes primary irritant to the skin as well as substances irritant to the eye or mucous membranes: (a) The term “primary irritant” means a substance that is not corrosive and that the available data of human experience indicate is a primary irritant; or which results in an empirical score of five or more when tested by the method described in OAR 333-016-0025; (b) “Eye irritants” means a substance is an irritant to the eye if the available data or human experience indicate it is an irritant to the eye, or if a positive test result is obtained when the substance is tested by the method described in OAR 333-016-0030. (8) “Corrosive substance” is one that causes visible destruction or irreversible alterations in the tissue at the site of contact. A test for a corrosive substance is whether, by human experience, such tissue destruction occurs at the site of application. A substance would be considered corrosive to the skin if, when tested on the intact skin of the albino rabbit by the technique described in OAR 333-016-0025, the structure of the tissue at the site of contact is destroyed or changed irreversibly in 24 hours or less. Other appropriate tests should be applied when contact of the substance with other than skin tissue is being considered. (9) A “Strong Allergic Sensitizer” is a substance that produces an allergenic sensitization in a substantial number of persons who come into contact with it. An allergic sensitization develops by means of an “antibody mechanism” in contradistinction to a primary irritant reaction which does not arise because of the participation of an “antibody mechanism.” An allergic reaction ordinarily does not develop on first contact because of necessity of prior exposure to the substance in question. The sensitized tissue exhibits a greatly increased capacity to react to subsequent exposures of the offending agent. Thus, subsequent exposures may produce severe reactions with little correlation to the amounts of excitant involved. A “photodynamic sensitizer” is a substance that causes an alteration in the skin or mucous membranes, in general, or to the skin or mucous membrane at the site to which it has been applied, so that when these areas are subsequently exposed to ordinary sunlight or equivalent radiant energy an inflammatory reaction will develop. (10) “Extremely Flammable” or “Flammable” substances: (a) “Extremely flammable” means any substance that has a flashpoint at or below 20°F, as determined by the method described in OAR 333-016-0035; (b) “Flammable” means any substance that has a flashpoint of above 20°F, to and including 80°F, as determined by the method described in OAR 333-016-0035. (11) “Extremely Flammable” and “Flammable” solids: (a) A solid substance is “extremely flammable” if it ignites and burns at an ambient temperature of 80°F or less when subjected to friction, or to percussion or to an electrical spark; (b) A solid substance is “flammable” if, when tested by the method described in OAR 333-016-0040, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis. (12) “Extremely Flammable” and “Flammable” contents of self-pressurized containers: (a) Contents of self-pressurized containers are “extremely flammable” if, when tested by the method described in OAR 333-016-0045, flashback (a flame extending back to the dispenser) is obtained at any degree of valve opening and the flashpoint, when tested by the method described in OAR 333-016-0050, is less than 20°F; (b) Contents of self-pressurized containers are “flammable” if, when tested by the method described in rule 333-016-0045, a flame projection exceeding 18 inches is obtained a full valve opening or a flashback (a flame extending back to the dispenser) is obtained at any degree of valve opening. (13) “Substances that generate pressure.” A substance is hazardous because it generates pressure through decomposition, heat, or other means: (a) If it explodes when subjected to an electrical spark, or to percussion, or to the flame of a burning paraffin candle for five seconds or less; (b) If it expels the closure of its container or bursts its container when held at or below 130°F for two days or less; (c) If it erupts from its opened container at a temperature of 130°F or less after having been held in the closed container at 130°F for two days; (d) If it comprises the contents of a self-pressurized container. (14) “Radioactive Substance” means a substance which, because of nuclear instability, emits electromagnetic and/or particulate radiation that is capable of producing ions in its passage through matter. Source materials, special nuclear material, and by-product materials described in ORS 453.605 et seq. are exempt. (15) As used in ORS 453.005(11) “accompanying literature” means any placard, pamphlet, booklet, book, sign, or other written, printed, or graphic matter or visual device that provides directions for use, written or otherwise, and is used in connection with the display, sale, demonstration, or merchandising of a hazardous substance intended for or packaged in a form suitable for use in the household or by children. (16) A “Substantial Personal Injury” or “Substantial Illness” means any illness or injury sufficiently significant to cause one or more days of restricted activity. A day of restricted activity is one on which a person cuts down on his usual activities for the whole of that day because of an illness or an injury. The term “usual activities” for any day means the things that the person would ordinarily do on that day. For children under school age, usual activities depend on whatever the usual pattern is for the child’s day, which will in turn be affected by the age of the child, weather conditions, and so forth. For retired or elderly persons, usual activities might consist of almost no activity, but cutting down on even a small amount for as much as a day would constitute restricted activity. On Sundays or holidays “usual activities” are taken to be the things the person usually does on such days — going to church, playing golf, visiting friends or relatives, or staying at home and listening to the radio, reading, looking at television, and so forth. Restricted activity does not imply complete inactivity, but it does imply only the minimum of usual activities. A special nap for an hour after lunch does not constitute cutting down on usual activities, nor does the elimination of a heavy chore as cleaning ashes out of the furnace or hanging out the wash. If a farmer or housewife carries on only the minimum of the day’s chores, however, this is a day of restricted activity. A day spent in bed or a day home from work or school because of illness or injury is, of course, a restricted activity day. (17) A “Proximate Result” is one that follows in the course of events without an unforeseeable, intervening, independent cause. (18) “Reasonably Foreseeable Handling or Use” includes the reasonably foreseeable accidental handling or use, not only by the purchaser or intended user of the product, but by all others in a household, especially children. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.035 History: HD 89, f. 7-31-75, ef. 8-25-75 HD 40, f. 8-2-73, ef. 8-15-73