justicedao/ipfs_state_laws huggingface dataset:
333-016-0105 Exemptions from Classification as Banned Hazardous Substances The term “banned hazardous substances” as used in ORS 453.055 shall not apply to the following articles, provided that these articles bear labeling giving adequate directions and warnings for safe use: (1) Chemistry sets and other science education sets intended primarily for juveniles, and replacement components for such sets when labeled in accordance with ORS 453.015 and 453.035 and OAR 333-016-0095(23). (2) Educational materials such as art materials, preserved biological specimens, laboratory chemicals, and other articles intended and used for educational purposes. (3) Liquid fuels containing more than four percent by weight of methyl alcohol that are intended and used for operation of miniature engines for model airplanes, boats, cars, etc. (4) Novelties consisting of a mixture of polyvinyl acetate, U.S. certified colors, and not more than 25 percent by weight of acetone, and intended for blowing plastic balloons. (5) Games containing, as the sole hazardous component, a self-pressurized container of soap solution or similar foam-generating mixture, provided that the foam-generating component has no hazards other than being in a self-pressurized container. (6) Model rocket propellant devices designed for use in light-weight, recoverable, and reflyable model rockets, provided such devices: (a) Are designed to be ignited by electrical means; (b) Contain no more than 62.5 grams (2.2 ounces) of propellant material and produce less than 80 newton-seconds (17.92 pound-seconds) of total impulse with thrust duration not less than 0.050 second; (c) Are constructed such that all chemical ingredients are preloaded into a cylindrical paper or similarly constructed nonmetallic tube that will not fragment into sharp, hard pieces; (d) Are designed so that they will not burst under normal conditions of use, are incapable of spontaneous ignition, and do not contain any type of explosive or pyrotechnic warhead other than a small parachute or recovery-system activation charge. (7) Separate delay train and/or recovery system activation devices intended for use with premanufactured model rocket engines wherein all of the chemical ingredients are preloaded so the user does not handle any chemical ingredient and are so designed that the main casing or container does not rupture during operation. (8) Self-pressurized products containing fluorocarbon propellants, provided that the product has no hazards other than being self-pressurized and containing a fluorocarbon propellant and is labeled in accordance with OAR 333-016-0150. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.015, 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
333-016-0120 Deceptive Use of Disclaimers A hazardous substance shall not be deemed to have met the requirements of ORS 453.035(2)(a) through (i) if there appears in or on the label or in accompanying literature, words, statements, designs, or other graphic material that in any manner negates or disclaims any of the label statements required by the Act; for example, a statement on a toxic or irritant substance, such as “harmless” or “safe around pets.” Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0125 Condensation of Label Information Whenever the statement of the principal hazard or hazards itself provides the precautionary measures to be followed or avoided, a clear statement of the principal hazard will satisfy both the provisions of ORS 453.035(2)(c) and (d). When the statement of precautionary measures in effect provides instruction for first-aid treatment the statement of the precautionary measures will satisfy both ORS 453.035(2)(d) and (e). Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0130 Labeling Requirements for Accompanying Literature When any accompanying literature includes or bears any directions for use (by printed word, picture, design, or combination of such methods), such placard, pamphlet, booklet, book, sign, or other graphic or visual device shall bear all the information required by ORS 453.035(2). Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0135 Substances Determined to be “Special Hazards” (e.g., to children) Whenever the Administrator determines that for a particular hazardous substance intended or packaged in a form suitable for use in the household or by children, the requirements of ORS 453.035(2) are not adequate for the protection of the public health and safety because of some special hazard, he shall issue an order by an appropriate means, which specifies such reasonable variations or additional label requirements that he finds are necessary for the protection of the public health and safety. Such order shall specify a date that is not less than 90 days after the order is published (unless emergency conditions stated in the order specify an earlier date) after which any such hazardous substance intended, or packaged in a form suitable for use in the household or by children, that fails to bear a label in accordance with such order shall be deemed as a misbranded hazardous substance. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0140 Substances with Multiple Hazards or Other Special Hazards (1) Any article that presents more than one type of hazard (for example, if the article is both “toxic” and “flammable”) must be labeled with an affirmative statement of each such hazard; precautionary measures describing the action to be followed or avoided for each such hazard; instructions, when necessary or appropriate, for first-aid treatment of persons suffering from the ill effects that may result from each such hazard; instructions for handling and storage of articles that require special care in handling and storage because of more than one type of hazard presented by the article, or for any other reason, as well as the common or usual name (or the chemical name if there is no common or usual name) for each hazardous component present in the article. (2) Label information referring to the possibility of one hazard may be combined with parallel information concerning any additional hazards presented by the article, provided that the resulting condensed label statement shall contain all of the information needed for dealing with each type of hazard presented by the article. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0145 For the Following Substances and at the Following Concentrations, the Word “Poison” Is Necessary Instead of Any Signal Word (1) Hydrochloric acid and any preparation containing free or chemicallyunneutralized hydrochloric acid (HC1) in a concentration of ten percent or more. (2) Sulfuric acid and any preparation containing free or chemically unneutralized sulfuric acid (HSO4) in a concentration of ten percent or more. (3) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more. (4) Carbolic acid (C6H5OH), also known as phenol, and any preparation containing carbolic acid in a concentration of five percent or more. (5) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (COOH22H2O) in a concentration of ten percent or more. (6) Any salt of oxalic acid and any preparation containing any such salt in a concentration of ten percent or more. (7) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (CH3COOH) in a concentration of 20 percent or more. (8) Hypochlorous acid, either free or combined and any preparation containing the same in a concentration that will yield ten percent or more by weight of available chlorine. (9) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH) including caustic potash and vienna paste (vienna caustic) in a concentration of ten percent or more. (10) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH) including caustic soda and lye in a concentration of ten percent or more. (11) Silver nitrate, sometimes known as lunar caustic and any preparation containing silver nitrate (AgNO3) in a concentration of five percent or more. (12) Ammonia water and any preparation containing free or chemically uncombined ammonia (NH3) including ammonium hydroxide and “hartshorn” in a concentration of five percent or more. (13) Arsenic and its preparations, in concentrations that fall within the definition of toxic substance described in OAR 333-016-0005(6)(a). (14) Corrosive sublimate (mercuric-chloride), in concentrations that fall within the definition of toxic substance described in OAR 333-016-0005(6)(a). (15) Cyanides and preparations of cyanides, including hydrocyanic acid, in concentrations that fall within the definition toxic substance described in OAR 333-016-0005(6)(a). (16) Strychnine (C2H22N2O2) in concentrations that fall within the definition of toxic substance described in OAR 333-016-0005(6)(a). Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0150 Self-Pressurized Containers; Labeling (1) Self-pressurized containers that fail to bear a warning statement adequate for the protection of the public health and safety may be misbranded under the Act, except as otherwise provided pursuant to ORS 453.035. (2) The following warning statement will be considered as meeting the requirements of ORS 453.035 if the only hazard associated with an article is that the contents are under pressure: “WARNING — CONTENTS UNDER PRESSURE. Do not puncture or incinerate container. Do not expose to heat or store at temperatures above 120 degrees Fahrenheit. Keep out of the reach of children.” The word “CAUTION” may be substituted for the word “WARNING.” A practical equivalent may be substituted for the statement “Keep out of the reach of children.” (3) That portion of the warning statement set forth in section (2) of this rule in capital letters should be printed on the main (front) panel of the container in capital letters of the type size specified in OAR 333-016-0115. The balance of the cautionary statements may appear together on another panel, provided that the front panel also bears a statement such as, “Read carefully other cautions on ________ panel.” (4) If an article has additional hazards, such as skin or eye irritancy, toxicity, or flammability, appropriate additional front and rear panel precautionary labeling is required. (5) If the article contains a fluorocarbon propellant, it shall bear on its label the additional statement, “WARNING — Use only as directed; intentional misuse by deliberately concentrating and inhaling the contents can be harmful or fatal,” and “contains fluorocarbons.” Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0155 Methyl Alcohol-Base Radiator Antifreeze; Labeling (1) Methyl alcohol-base (methanol-base) radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the Act if the containers fail to bear a warning statement adequate to the protection of the public health and safety, except as otherwise provided pursuant to ORS 453.025. (2) The following warning statement will be considered as meeting the requirements of ORS 453.005 to 453.135 with respect to methyl alcohol-base radiator antifreeze when the only hazard foreseeable is that caused by the methyl alcohol content and when the article has a flashpoint in the “flammable” range as that term is defined in ORS 453.005: “DANGER — POISON (Skull and Crossbones Symbol) MAY BE FATAL OR CAUSE BLINDNESS IF SWALLOWED FLAMMABLE — VAPOR HARMFUL Contains methyl alcohol (methanol). Cannot be made nonpoisonous. Avoid contact with eyes. Use only in a well-ventilated area. Keep away from heat and open flame. Do not store in open or unlabeled containers. First-aid: In case of contact with eyes, flush thoroughly with water. If swallowed, induce vomiting (give a tablespoonful of salt in a glass of warm water). Repeat until vomit fluid is clear. Call a physician immediately. Keep out of reach of children.” (3) The words that are in capital letters in the warning statement set forth in section (2) of this rule shall be printed on the main (front) panel or panels of the container in capital letters of the type size specified in OAR 333-016-0115, except that the word “POISON” and the skull and crossbones symbol may appear on another panel with the balance of the cautionary information. The balance of the cautionary statements may appear together on another panel, provided the front panel bears a statement such as, “Read carefully other cautions on _____ panel.” Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005, 453.015, 453.025, 453.035, 453.045, 453.055, 453.065, 453.075, 453.085, 453.095, 453.105, 453.115, 453.125 & 453.135 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0160 Ethylene Glycol-Base Radiator Antifreeze; Labeling (1) Ethylene glycol-base radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the Act if the containers fail to bear the following warning statements which the Administrator considers necessary for the protection of the public health and safety, and which will be considered as meeting the requirements of ORS 453.005 to 453.135 with respect to ethylene glycol-base radiator antifreeze, with and without added sodium arsenite of over 0.01 percent by weight, when the only hazard foreseeable is by the ethylene glycol and (if present) the added sodium arsenite: (a) Ethylene glycol antifreeze containing less than 0.01 percent by weight of sodium arsenite: “WARNING — HARMFUL OR FATAL IF SWALLOWED Do not drink antifreeze or solution. If swallowed, induce vomiting immediately. Call a physician. Ethylene glycol base. Do not store in open or unlabeled containers. Keep out of reach of children.” (b) Ethylene glycol antifreeze containing 0.01 percent but no more than one percent by weight of sodium arsenite: “WARNING — HARMFUL OR FATAL IF SWALLOWED “Do not drink antifreeze or solution. If swallowed, induce vomiting immediately. Call a physician. Ethylene glycol base containing sodium arsenite (less than one percent). Antidote for sodium arsenite: Dimercaprol (BAL) to be administered only by a physician. Do not store in open or unlabeled containers. Keep out of reach of children.” (2) The words that are in capital letters in the warning statements set forth in subsection (b) of this section shall be printed on the main (front) panel or panels of the container in capital letters of the type size specified in OAR 333-016-0115. The balance of the cautionary statements may appear together on another panel, provided the front panel bears a statement such as, “Read carefully other cautions on __________ panel.” Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005, 453.015, 453.025, 453.035, 453.045, 453.055, 453.065, 453.075, 453.085, 453.095, 453.105, 453.115, 453.125 & 453.135 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0165 Extremely Flammable Contact Adhesives; Labeling (1) Extremely flammable contact adhesives, also known as contact bonding cements, when distributed in containers intended or suitable for household use may be misbranded under the Act if the containers fail to bear a warning statement adequate for the protection of the public health and safety. (2) The following warning statement is considered as a minimum cautionary labeling adequate to meet the requirements of ORS 453.005 to 453.135 of the Act with respect to containers of more than one-half pint of contact adhesive and similar liquid or semiliquid articles having a flashpoint at or below 20°F as determined by the method in 333-016-0035 when the only hazard foreseeable is that caused by the extreme flammability of the mixture: “DANGER EXTREMELY FLAMMABLE VAPORS MAY CAUSE FLASH FIRE Vapors may ignite explosively. Prevent build-up of vapors — open all windows and doors — use only with cross ventilation. Keep away from heat, sparks, and open flame. Do not smoke, extinguish all flames and pilot lights, and turn off stoves, heaters, electric motors, and other sources of ignition during use and until all vapors are gone. Close container after use. Keep out of the reach of children.” (3) The words that are in capital letters in the warning statement set forth in section (2) of this rule shall be printed on the main (front) panel or panels of the container in capital letters of the type size specified in OAR 333-016-0115. The balance of the cautionary information may appear together on another panel, provided the front panel bears a statement such as, “Read carefully other cautions on ______ panel,” the blank being filled in with the identification of the specific label panel bearing the balance of the cautionary labeling. It is recommended that a borderline be used in conjunction with the cautionary labeling. (4) If an article has additional hazards, or contains ingredients listed in OAR 333-016-0065 as requiring special labeling, appropriate additional front and rear panel precautionary labeling is required. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005, 453.015, 453.025, 453.035, 453.045, 453.055, 453.065, 453.075, 453.085, 453.095, 453.105, 453.115, 453.125 & 453.135 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0170 Procedural Rules Procedure for the issuance, amendment, or repeal of rules declaring particular substances to be hazardous substances or banned hazardous substances shall be as specified in ORS Chapter 183 and the Attorney General’s Model Rules of Procedure thereunder. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.095 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0175 Prohibited Acts and Penalties The provisions of these rules with respect to the doing of any act shall be applicable also to the causing of such act to be done. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.085 & 453.095 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0180 Guaranty In case of the giving of a guaranty or undertaking referred to in ORS 453.085(5), each person signing such guaranty or undertaking or causing it to be signed, shall be considered to have given it. Each person causing a guaranty or undertaking to be false is chargeable with violation of ORS 453.085(5). Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.085 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0185 Examinations and Investigations; Samples When any officer or employee of the Public Health Division collects a sample of a hazardous substance for analysis under the Act, the sample shall be designated as an official sample if records or other evidence is obtained by him or any other officer or employee of the Public Health Division, indicating that the shipment or other lot of the article from which such sample was collected was introduced or delivered for introduction into this state or was in or was received in this state. Only samples so designated by an employee of the Public Health Division shall be considered to be official samples. All employees shall pay or offer to pay the owner, operator, or agent in charge, their cost for any such sample and give a receipt describing the sample obtained. For the purpose of determining whether or not a sample is collected for analysis, the term “analysis” includes examinations and tests. The owner of a hazardous substance of which an official sample is collected is the person who owns the shipment or other lot of the article from which the sample is collected. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.105 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-0190 “Administrator” Intended to Include “State Public Health Officer” Wherever in the foregoing rules OAR 333-016-0005 through 333-016-0185 the term “Administrator” is used, it is intended to also include and shall be deemed to additionally refer to the “State Public Health Officer” as defined in ORS 431.045. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 431.045 History: HD 40, f. 8-2-73, ef. 8-15-73
333-016-2001 Toxic Free Kids Program; Effective Date (1) OAR 333-016-2001 to 333-016-3080 implement the Toxic Free Kids Act established by the Legislature in ORS 431A.253 to 431A.280. The presence of a high priority chemical of concern in a children’s product does not necessarily mean that the product is harmful to human health or that there is any violation of existing safety standards or laws. The information required to be reported in these rules will help fill a data gap that exists for both consumers and agencies. (2) These rules apply to any children’s product sold or offered for sale in Oregon by a manufacturer on or after January 1, 2017 that contains a high priority chemical listed in OAR 333-016-2020. Statutory/Other Authority: ORS 431A.253 - 431A.280 & ORS 413.042 Statutes/Other Implemented: ORS 431A.253 - 431A.280 History: PH 9-2021, adopt filed 02/28/2021, effective 03/01/2021
333-016-2035 Manufacturer Disclosure of High Priority Chemicals of Concern for Children’s Health Used in Children’s Products: Practical Quantification Limits (1) The practical quantification limit for a chemical that is a contaminant is 100 parts per million. (2) The practical quantification limits for intentionally added chemicals are the limits established in Exhibit A, incorporated by reference. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 431A.253 – 431A.280 History: PH 119-2024, amend filed 12/22/2024, effective 01/01/2025 PH 91-2021, amend filed 12/29/2021, effective 01/01/2022 PH 9-2021, amend filed 02/28/2021, effective 03/01/2021 PH 280-2018, amend filed 12/10/2018, effective 01/01/2019 PH 10-2017, minor correction filed 10/12/2017, effective 10/12/2017 PH 34-2016, f. & cert. ef. 12-1-16
333-016-2065 Formal Communications Regarding Toxic Free Kids Formal communication between manufacturers or trade associations and the Authority relating to waiver, chemical substitution, chemical removal, or exemption requests, and their fees, shall be to and from ToxicFreeKids.Program@dhsoha.state.or.us . Statutory/Other Authority: ORS 413.042 & ORS 431A.258 Statutes/Other Implemented: ORS 431A.258 History: PH 9-2021, adopt filed 02/28/2021, effective 03/01/2021
333-016-3070 Trade Secrets (1) If a manufacturer submits information to the Authority in order to comply with these rules that the manufacturer believes is a trade secret, the manufacturer must mark the information "confidential – trade secret." (2) If the Authority receives a public records request for information submitted by a manufacturer, it will review all documents submitted by the manufacturer to determine whether the documents contain trade secrets that would be exempt from disclosure under Oregon’s Public Records Act, ORS 192.501. (3) For purposes of this rule "trade secret" has the meaning given that term in ORS 192.501. Statutory/Other Authority: ORS 192.501, ORS 413.042 & ORS 431A.253 - 431A.280 Statutes/Other Implemented: ORS 431A.253 - 431A.280 History: PH 9-2021, adopt filed 02/28/2021, effective 03/01/2021