justicedao/ipfs_state_laws huggingface dataset:
333-015-0357 Packaging Attractive to Minors An inhalant delivery system is packaged in a manner that is attractive to minors if it is packaged in a manner that is designed, intended, or reasonably appears to be attractive to minors. Features of the packaging that may reasonably appear be attractive to minors include but are not limited to the following: (1) The shape of any animal, commercially recognizable toy, sports equipment, commercially recognizable candy, or images of minors; or (2) A commercially recognizable toy, sports equipment, or commercially recognizable candy attached to the package. Statutory/Other Authority: ORS 431A.175 Statutes/Other Implemented: ORS 431A.175 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 249-2018, adopt filed 08/30/2018, effective 09/01/2018
333-015-0360 Verification of Packaging that is Child-Resistant Retailers shall provide verification of a manufacturer’s written laboratory testing report describing the results of whether packaging is child-resistant based on the protocol set forth in 16 CFR 1700.20 (1995) to the Oregon Health Authority (Authority) upon the Authority’s request. Statutory/Other Authority: ORS 431A.175 & ORS 413.042 Statutes/Other Implemented: ORS 431A.175 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 249-2018, amend filed 08/30/2018, effective 09/01/2018 PH 20-2016, f. & cert. ef. 6-24-16
333-016-0010 Human Experience with Hazardous Substances Reliable data on human experience with any substance shall be taken into account in determining whether an article is a “hazardous substance” within the meaning of the Act, and when such data give reliable results different from results with animal data, the human experience takes precedence. Experience may show that an article is more or less toxic, irritant, or corrosive to man than to test animals. Experience may also show other factors that are important in determining the degree of hazard to humans represented by the substance; for example, that radiator antifreeze is likely to be stored in the household or garage and likely to be ingested in significant quantities by some persons. Experience also indicates that a particular substance in liquid form is more likely to be ingested than is the same substance in a paste or solid, and that an aerosol is more likely to get into the eyes and the nasal passages than is a liquid. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0015 Hazardous Mixtures For a mixture of substances, the determination of whether such mixture is “hazardous” as defined in ORS 453.005(7) should be based on the physical, chemical, and pharmacological characteristics of the mixture. A mixture of substances may therefore be less hazardous or more hazardous than its components because of synergistic or antagonistic reactions. It may not be possible to reach a fully satisfactory decision concerning the toxic, irritant, corrosive, flammable, sensitizing, or pressure-generating properties of a substance from what is known about its components or ingredients. It is prudent to test the mixture itself. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0020 Testing Procedures for Hazardous Substances Method of testing toxic substances. The method of testing the toxic substances defined in OAR 333-016-0005(5)(c) and (6)(c) is as follows: (1) Acute dermal toxicity (single exposure). In the acute exposures the agent is held in contact with the skin by means of a sleeve for periods varying up to 24 hours. The sleeve, made of rubber dam or other impervious material, is so constructed that the ends are reinforced with additional strips and should fit snugly around the trunk of the animal. The ends of the sleeve are tucked, permitting the central portion to “balloon” and furnish a reservoir for the dose. The reservoir must have sufficient capacity to contain the dose without pressure. In the following table are given the dimensions of sleeves and the approximate body surface exposed to the test substance. The sleeves may vary in size to accommodate smaller or larger subjects. In the testing of unctuous materials that adhere readily to the skin, mesh wire screen may be employed instead of the sleeve. The screen is padded and raised approximately two centimeters from the exposed skin. In the case of dry powder preparations, the skin and substance are moistened with physiological saline prior to exposure. The sleeve is then slipped over the gauze which holds the dose applied to the skin. In the case of finely divided powders, the measured dose is evenly distributed on cotton gauze, which is then secured to the area of exposure. (See Table 1.) (2) Preparation of test animals. The animals are prepared by clipping the skin of the trunk free of hair. Approximately one-half of the animals are further prepared by making epidermal abrasions every 2 centimeters or 3 centimeters longitudinally over the area of exposure. The abrasions are sufficiently deep to penetrate the stratum corneum (horny layer of the epidermis), but not to disturb the derma — that is, not to obtain bleeding. (3) Procedures for testing. The sleeve is slipped onto the animal which is then placed in a comfortable but immobilized position in a multiple animal holder. Selected doses of liquids and solutions are introduced under the sleeve. If there is slight leakage from the sleeve which may occur during the first few hours of exposure, it is collected and reapplied. Dosage levels are adjusted in subsequent exposures (if necessary) to enable a calculation of a dose that would be fatal to 50 percent of the animals. This can be determined from mortality ratios obtained at various doses employed. At the end of 24 hours the sleeves or screens are removed, the volume of unabsorbed material, if any, is measured, and the skin reactions are noted. The subjects are cleaned by thorough wiping, observed for gross symptoms of poisoning, and then observed for two weeks. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0040 Method for Determining Extremely Flammable and Flammable Solids (1) Preparation of sample: (a) Granules, powders, and pastes. Pack the sample into a flat, rectangular metal boat with inner dimensions of 6 inches long x 1 inch wide x 1/4 inch deep; (b) Rigid and pliable solids. Measure the dimensions of the sample and support it by means of metal ringstands, clamps, rings, or other suitable devices as needed, so that the major axis is oriented horizontally and the maximum surface is freely exposed to the atmosphere. (2) Procedure. Place the prepared sample in a draft-free area that can be ventilated and cleaned after each test. The temperature of the sample at the time of testing shall be between 68°F and 86°F. Hold a burning paraffin candle whose diameter is at least one inch so that the flame is in contact with the surface of the sample at the end of the major axis for five seconds or until the sample ignites, whichever is less. Remove the candle. By means of a stopwatch, determine the time of combustion with self-sustained flame. Do not exceed 60 seconds. Extinguish flame with a CO2 or similar nondestructive type extinguisher. Measure the dimensions of the burnt area and calculate the rate of burning along the major axis of the sample. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0045 Method for Determining Extremely Flammable and Flammable Contents of Self-Pressurized Containers (1) Equipment required. The test equipment consists of a base eight inches wide, two feet long, marked in six-inch intervals. A rule two feet long and marked in inches is supported horizontally on the side of the base and about six inches above it. A paraffin candle one inch or more in diameter and of such height that the top third of the flame is at the height of the horizontal rule, is placed at the zero point in the base. (2) Procedure. The test is conducted in a draft-free area that can be ventilated and cleared after each test. Place the self-pressurized container at a distance of six inches from the flame source. Spray for periods of 15 seconds to 20 seconds (one observer noting the extension of the flame and the other operating the container) through the top third of the flame and at a right angle to the flame. The height of the flame should be approximately two inches. Take three readings for each test, and average. As a precaution, do not spray large quantities in a small, confined space. Free space of previously discharged material. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0050 Method for Determining Flashpoint of Extremely Flammable Contents of Self-Pressurized Containers The apparatus used in the Tagliabue Open-Cup Flashpoint Apparatus as described in OAR 333-016-0035. Some means such as dry ice in an open container is used to chill the pressurized container. The container, the flash cup, and the bath solution of the apparatus (brine or glycol may be used) are chilled to a temperature of about 25°F below zero. The chilled container is punctured to exhaust the propellant. The chilled formulation is transferred to the test apparatus and tested in accordance with the method described in OAR 333-016-0035. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0060 Products Declared to be Hazardous Substances Under ORS 453.055(1) The Administrator finds that the following articles are hazardous substances within the meaning of ORS 453.055(1) and 453.005 because they are capable of causing substantial person injury or illness during or as approximate result of any customary or reasonably foreseeable handling or use: (1) Charcoal Briquettes and other forms of charcoal in containers for retail sale that may be used for cooking or heating indoors with inadequate ventilation. (2) Paraphenylenediamine and products containing it. (3) Powdered orris root and products containing it. (4) Epoxy resins systems containing in any concentration ethylenediamine, diethylenetriamine, and diglycidyl ethers of molecular weight of less than 200. (5) Formaldehyde and products containing one percent or more of formaldehyde. (6) Oil of bergamot products containing two percent or more of oil of bergamot. (7) Fluorocarbons when used as propellants for self-pressurized products. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0070 Labeling of Fire Extinguishers (1) When a substance or mixture of substances labeled for use in or as a fire extinguisher produces substances that are toxic within the meaning of OAR 333-016-0005(5) and (6) when used according to label directions to extinguish a fire, the containers for such substances shall bear the following labeling: (a) When substances are produced which meet the definition of highly toxic within the meaning of OAR 333-016-0005(5), the signal word “danger” and the statement of hazard “Poisonous gases formed when used to extinguish flame or on contact with heat” are specified; (b) When substances are produced which meet the definition of toxic within the meaning of OAR 333-016-0005(6), the signal word “caution” or “warning,” and the statement of hazard “Dangerous gas formed when used to extinguish flame or on contact with heat” are specified; (c) Regardless of whether subsection (a) or (b) of this section apply, any substance or mixture of substances labeled for use as a fire extinguisher that if applied to an electrical fire would subject the user to the likelihood of electrical shock shall be conspicuously labeled, “Caution: Do not use on electrical fires.” (2) These statements shall be in addition to any other that may be required under the Act or this section. All such substances or mixture of substances shall also bear the additional statements: “Use in an enclosed place may be fatal,” and “Do not enter area until well ventilated and all odor of chemical has disappeared.” Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0077 Pointed Objects in Food Items of Particular Appeal to Children (1) Under the authority of ORS 453.005(7)(c) and pursuant to provisions of ORS 453.055(3), the Administrator has determined that the following types of articles intended for use by children present a mechanical hazard within the meaning of ORS 453.005(12) because in normal use or when subjected to reasonably foreseeable abuse, they present an unreasonable risk of personal injury by their design and such articles are therefore banned and shall be removed from commerce: (a) Pointed objects used or intended to be used as handles when contained in food items having particular appeal to children; (b) A pointed object shall mean an object made of wood, plastic, metal, or other rigid material, any end of which has been sharpened, molded, or otherwise shaped in such a way that: (A) If the longitudinal axis of the object is round and the tip is flat, the cross section of the tip or the end surface is less than 0.0123 square inches in area (approximately 1/8 of an inch in diameter), or if the tip is rounded, the radius of the arc of the rounded sphere at the tip is less than 1/16 of an inch; or (B) If the longitude axis is flat, or shaped other than round, the thickness of the cross section at the end is less than 1/16 of an inch and if the dimensions of the end are such that the surface area of the tip is less than 0.0123 square inches, or if such tip is rounded, the arc of this roundness is less than 1/16 inch in radius. (2) The pointed objects defined in paragraphs (1)(b)(A) and (B) of this rule are illustrated in Figure 17. [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.055 History: HD 89, f. 7-31-75, ef. 8-25-75 HD 60, f. 5-16-74, ef. 6-11-74
333-016-0082 Repurchase of Banned Hazardous Substances Banned hazardous toys and other banned hazardous substances shall be repurchased in accordance with ORS 453.075. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.055 & 453.075 History: HD 40-1973, f. 8-2-73, ef. 8-15-73
333-016-0085 Exemptions for Foods, Drugs, Cosmetics, and Fuels (1) Foods and drugs otherwise regulated by this state are exempted by ORS 453.015(5); but where a food, drug, or cosmetic offers a substantial risk of injury or illness from any handling or use that is customary or usual, it may be regarded as misbranded under the laws of this state because its label fails to reveal material facts with respect to consequences that may result from use of the article when its label fails to bear information to alert the householder to this hazard. (2) Fuels. A substance intended to be used as a fuel is exempt from the requirements of the Act when in containers that are intended to be or are installed as part of the heating, cooking, or refrigeration system of a house. A portable container used for delivery or temporary or additional storage, and containing a substance that is a hazardous substance as defined in ORS 453.005(7)(a), is not exempt from the labeling prescribed in ORS 453.015(2) even though it contains a fuel to be used in the heating, cooking, or refrigeration system of a house. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.015 History: HD 40-1973, f. 8-2-73, ef. 8-15-73
333-016-0090 Exemption from Full Labeling and Other Requirements (1) Any person who believes a particular hazardous substance intended or packaged in a form suitable for use in the household or by children should be exempted from full label compliance otherwise applicable under the Act, because of the size of the package or because of the minor hazard presented by the substance, or for other good and sufficient reason, may submit to the Administrator a request for exemption under ORS 453.035(4), presenting facts in support of the view that full compliance is impracticable or is not necessary for the protection of the public health. The Administrator shall determine on the basis of the facts submitted and all other available information whether the requested exemption is consistent with the adequate protection of the public health and safety. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means. (2) The Administrator may on his own initiative determine on the basis of facts available to him that a particular hazardous substance intended or packaged in a form suitable for use in the household or by children should be exempted from full labeling compliance otherwise applicable under the Act because of the size of the package or because of minor hazard presented by the substance or for other good and sufficient reason. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means. (3) Any person who believes a particular article should be exempted from being classified as a “banned hazardous substance” as provided by ORS 453.055 because it falls within the provisions of ORS 453.035(4) may submit to the Administrator a request for exemption presenting facts in support of his contention. The Administrator shall determine on the basis of the facts submitted, and all other available information, whether the requested exemption is consistent with the purposes of the Act. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means. (4) On his own initiative the Administrator may determine on the basis of available facts that a particular banned hazardous substance should be exempted from ORS 453.055, because it falls within the provisions of ORS 453.035(4). If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means. (5) Any person who believes that a particular toy should be temporarily exempted from the labeling provisions of these rules promulgated in 1975 because of the minor hazard presented by the toy or for other good and sufficient reason may submit to the Administrator a request for such temporary exemption from the 1975 labeling requirements until March 30, 1976, provided that the labeling requirements of the rules in effect between August 15, 1973, and the 1975 rules will apply during the temporary exemption. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.035 & 453.055 History: HD 89, f. 7-31-75, ef. 8-25-75 HD 40, f. 8-2-73, ef. 8-15-73
333-016-0100 Exemption for Unlabeled Containers (1) Except as provided by sections (2) and (3) of this rule, a shipment or other delivery of a hazardous substance that, in accordance with the practice of the trade is to be labeled in substantial quantity at an establishment other than that where originally manufactured or packed, shall be exempt during the time of introduction into the movement in commerce within this state during the time of holding in that establishment from compliance with the labeling requirement of ORS 453.035(2) if: (a) The person who introduced the shipment or delivery into commerce within this state is the operator of the establishment where the hazardous substance is to be received and labeled; or (b) The person who introduced the shipment or delivery is not the operator, and the shipment or delivery is made to the establishment under a written agreement, signed by and containing the post office address of the person and the operator, and containing whatever specifications for the labeling of the hazardous substance that are necessary to insure, if such specifications are followed, that the hazardous substance will not be misbranded within the meaning of the Act upon completion of the labeling. The person and the operator shall each keep a copy of the agreement until two years after the final shipment or delivery under the agreement has been completed and shall make copies of the agreement available for inspection upon request of any properly authorized officer or employee of the Public Health Division. (2) An exemption of a shipment or delivery of a hazardous substance under subsection (1)(a) of this rule shall, at the beginning of the act of removing the shipment or delivery or any part thereof from the establishment, become void ab initio if the hazardous substance comprising the shipment, delivery, or part is misbranded within the meaning of the Act when so removed. (3) An exemption of a shipment or delivery of a hazardous substance under subsection (1)(b) of this rule shall become void ab initio with respect to the person who introduced the shipment or delivery into commerce within this state upon refusal by that person to make available for inspection a copy of the agreement as required by subsection (1)(b) of this rule. (4) An exemption of a shipment or other delivery of a hazardous substance under subsection (1)(b) of this rule shall expire: (a) At the beginning of the act of removing the shipment or delivery, or any part thereof, from the establishment if the hazardous substance comprising the shipment, delivery, or part is misbranded within the meaning of the Act when so removed; or (b) Upon refusal by the operator of the establishment where the hazardous substance is to be labeled, to make available for inspection a copy of the agreement required by subsection (1)(b) of this rule. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73