Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.004 - Statutory Definitions

Current through Register 1525, July 5, 2024
Banned Hazardous Substance
, any toy,
				or other article intended for use by children, which is a hazardous substance,
				or which bears, contains a hazardous substance susceptible of access to a
				child, or is otherwise hazardous because it presents electrical, mechanical or
				thermal hazards; or any hazardous substance intended or packaged in a form
				suitable for use in households, which the commissioner by regulation classifies
				as a "banned hazardous substance" on the basis of a finding that
				notwithstanding cautionary labeling required under
				105 CMR
				650.000, the degree or nature of the hazard involved
				in the presence or use of the substance in households is such that the
				protection of the public health and safety can be adequately served only by
				keeping the substance out of the channels of commerce. The commissioner, by
				regulation, shall, however, exempt articles, such as chemical sets, which by
				reason of their functional purpose, require the inclusion of the hazardous
				substance involved or necessarily present an electrical, mechanical, or thermal
				hazard, and which bear labeling giving adequate direction and warnings for safe
				use and are intended for use by children who have attained sufficient maturity
				and who may reasonably be expected to read and heed these warnings.
Children's Reusable Food or Beverage Containers
				Containing Bisphenol-A
means reusable bottles or cups that contain
				bisphenol-A and that are designed and intended by a manufacturer to be filled
				with food or liquid and used by children age three or younger.
Combustible
, any substance or mixture
				of substances which has a flash point from 80° to and including 150°F,
				as determined by the Tagliabue Open Cup Tester.
Commerce
, any and all commerce within
				the commonwealth, including the operation of any business or service
				establishment.
Commissioner
, the Commissioner of
				Public Health.
Corrosive
, any substance which when in
				contact with living tissue will cause destruction of such tissue by chemical
				action.
Department
, the Department of Public
				Health.
Electrical Hazard
, an article which in
				normal use, or when subjected to reasonably foreseeable damage or abuse by its
				design or manufacture, may cause personal injury or illness by electrical
				shock.
Extremely Flammable
, when used with
				respect to a substance, any substance which has a flash point at or below
				20° as determined by the Tagliabue Open Cup Tester.
Flammable
, when used with respect to a
				substance, any substance which has a flash point of above 20° to and
				including 80°F, as determined by the Tagliabue Open Cup Tester; when used
				with respect to all items of wearing apparel in sizes 0 through 6X intended to
				be worn primarily for sleeping or activities related to sleeping and for fabric
				or related material intended or promoted for use in such wearing apparel, which
				exceeds the acceptance criteria specified in the federal children's sleepwear
				standard, DOC FF 3-71, and determined by an appropriate test performed in
				accordance with said standard; or when used with respect to all items of
				wearing apparel in sizes seven through 14 intended to be worn primarily for
				sleeping or activities related to sleeping and for fabric or related material
				intended or promoted for use in such wearing apparel, which exceeds the
				acceptance criteria specified in the federal children's sleepwear standard, FF
				5-74, and determined by an appropriate test performed in accordance with said
				standard; provided, that the flammability of solids and of the contents of
				self-pressurized containers shall be determined by methods generally recognized
				as applicable to such containers and established by regulations issued by the
				commissioner.
Hazardous Substance
, any substance or
				mixture of substances which is toxic, corrosive, an irritant, a strong
				sensitizer, flammable or which 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
				reasonable foreseeable ingestion by children, or any toy or other article
				intended for use by children which presents an electrical, mechanical or
				thermal hazard. It shall include any radioactive substance if, with respect to
				such substance as used in a particular class of article or as packaged, the
				commissioner determines by regulation that the substance is sufficiently
				hazardous to require labeling in accordance with
				105 CMR
				650.000 in order to protect the public health. It
				shall not include economic poisons subject to the Federal Insecticide,
				Fungicide and Rodenticide Act, unless the Commissioner finds that such economic
				poison is not adequately labeled for the protection of the public health, nor
				foods, drugs and cosmetics subject to the Federal Drug and Cosmetic Act or
				M.G.L. c. 94 nor substances intended for use as fuels when stored in containers
				and used in heating, cooking, or refrigeration systems. It shall include 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 this definition by reason of bearing or
				containing such economic poison.
Hazardous Substances Intended or Packaged in a Form
				Suitable for Use in the Household
, means any hazardous substance,
				whether or not packaged, that under any customary or reasonably foreseeable
				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.
Highly Toxic
, when used with respect
				to a substance, any substance which:
(a) 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 and 300 grams, at a single dose of 50 milligrams or less per
			 kilogram of body weight, when orally administered; or
(b) 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 and 300 grams, when inhaled continuously for a period of one hour
			 or less at an atmospheric concentration of two hundred parts per million by
			 volume or less of gas or vapor or two milligrams per liter or less of mist or
			 dust, provided such concentration is likely to be encountered by man when the
			 substance is used in any reasonably foreseeable manner; or
(c) produces death within 14 days in half or
			 more than half of a group of ten or more rabbits tests 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; provided that if the
			 commissioner finds that available data on human experience with any substance
			 indicate results different from those obtained on animals with the aforesaid
			 dosages or concentrations, the human data shall take precedence.
Immediate Container
, excludes a
				package liner.
Irritant
, any substance not corrosive
				which on immediate, prolonged or repeated contact with normal living tissue
				will induce a local inflammatory reaction. "Irritant" includes "primary
				irritant to the skin" as well as substances irritant to the eye or to mucous
				membranes. "Primary irritant" means a substance that is not corrosive and that
				human experience data indicate is a primary irritant. "Eye irritant" means a
				substance that human experience data indicate is an irritant to the eye.
Label
, a display of written, printed
				or graphic matter upon the immediate container of any substance, or in the case
				of an article which is unpackaged or is not packaged in an immediate container
				intended or suitable for delivery to the ultimate consumer, a display of such
				matter directly on the article involved or on a tag or other suitable material
				affixed thereto. A requirement made by or under the authority of
				105 CMR
				650.000 that any word, statement, or other information
				appear on the label shall not be considered to be complied with unless such
				word, statement or other information also appears on the outside container or
				wrapper, if any there be, unless it is easily legible through the outside
				container or wrapper and on all accompanying literature where there are
				directions for use, written or otherwise.
Mechanical Hazard
, an article which,
				in normal use or when subjected to reasonable foreseeable damage or abuse, by
				its design or manufacturer presents an unreasonable risk of personal injury or
				illness from fracture, fragmentation or disassembly of the article, from
				propulsion of the article or any part or accessory thereof, from points or
				other protrusions, surfaces, edges, openings or closures, from moving parts,
				from lack or insufficiency of controls to reduce or stop motion, as a result of
				self-adhering characteristics of the article, because the article or any part
				or accessory thereof may be aspirated or ingested, because of instability, or
				any other aspect of the article's design or manufacture.
Misbranded Package
or
Misbranded Package of a Hazardous Substance
, a
				hazardous substance in a container, or not in a container if the substance can
				be handled or transported without one, which is intended or suitable for
				household use or personal use and which, except as otherwise provided by or
				pursuant to
				105 CMR 650.002, fails
				to bear a label which states prominently in the English language, in
				conspicuous and legible type in contrast by typography, layout or color with
				other printed matter on the label,
(a)
			 the name and place of business of the manufacturer, packer, distributor or
			 seller;
(b) the common or usual
			 name or the chemical name, if there be no common or usual name, of the
			 hazardous substance or of each component which contributes substantially to its
			 hazard, unless the commissioner by regulation permits or requires the use of a
			 recognized generic name;
(c) the
			 signal word "DANGER" on substances which are corrosive, extremely flammable or
			 highly toxic;
(d) the signal word
			 "WARNING" or "CAUTION" on all other hazardous substances;
(e) an affirmative statement of the principal
			 hazard or hazards, such as "FLAMMABLE", "VAPOR HARMFUL", "CAUSES BURNS",
			 "ABSORBED THROUGH SKIN", or similar wording descriptive of the
			 hazard;
(f) precautionary measures
			 describing the action to be followed or avoided; except when modified by
			 regulations of the commissioner pursuant to
			 105 CMR
			 650.002;
(g) instructions, when necessary or
			 appropriate, for first-aid treatment;
(h) the word "POISON" for any hazardous
			 substance which is defined as "HIGHLY TOXIC" by 105 CMR 650.004;
(i) instructions for handling and storage of
			 packages which require special care in handling or storage; and
(j) the statement "KEEP OUT OF THE REACH OF
			 CHILDREN", or its practical equivalent.
Person
, includes an individual,
				partnership, corporation, association, or legal representative or agent.
Proximate Result
means a result that
				follows in the course of events without an unforeseeable, intervening,
				independent cause.
Radioactive Substance
, a substance
				which emits ionizing radiation.
Reasonably Foreseeable Handling or Use
includes the reasonably foreseeable accidental handling or use, not only by the
				purchaser or intended user of the product, by all others in a household,
				specially children.
Snuff
, is a form of smokeless tobacco,
				often referred to as such, which is a finely ground or cut tobacco mixture that
				is intended to be placed in the oral cavity.
Strong Sensitizer
, a substance which
				will cause on normal living tissue, through an allergic or photodynamic
				process, a hypersensitivity which becomes evident on reapplication of the same
				substance and which is designated as such by the commissioner. Before
				designating any substance as a strong sensitizer, the commissioner, upon
				consideration of the frequency of occurrence and severity of the reaction,
				shall find that the substance has a significant potential for causing
				hypersensitivity.
(a)
Strong Allergic Sensitizer
, is a substance that
			 produces an allergenic senitization 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 or prior exposure to the substance in question. The sensitized tissue
			 exhibits a greatly increased capacity to react to subsequent exposures of the
			 offending agent. Subsequent exposures may therefore produce severe reactions
			 with little correlation to the amount of excitant involved.
(b)
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 of
			 contact so that when these areas are subsequently exposed to ordinary sunlight
			 (or equivalent radiant energy) an inflammatory reaction will develop.
Substantial Personal Injury or Illness
means any injury or illness of a significant nature. It need not be severe or
				serious. What is excluded by the word "substantial" is a wholly insignificant
				or negligible injury or illness.
Thermal Hazard
, an article which, in
				normal use or when subjected to reasonably foreseeable damage or abuse, by its
				design or manufacture presents an unreasonable risk of personal injury or
				illness because of heat as from heated parts, substances or surfaces.
Toxic
, when used with respect to a
				substance, any substance, other than a radioactive substance, which has the
				capacity to produce personal injury or illness to man through ingestion,
				inhalation, or absorption through any body surface.