Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter B - FLAMMABILITY RULES › Section 205.22 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The definition of terms contained in the Act, §1,
					 shall be applicable also to such terms when used in sections promulgated under
					 the Act. The following words and terms, when used in this chapter, shall have
					 the following meanings, unless the context clearly indicates otherwise:
(1) Act--Senate Bill 362, 62nd Legislature,
				  and all amendments thereto (Texas Penal Code Article 726-3,
				  §1-12).
(2) Accompanying
				  literature--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 flammable substance intended for, or
				  packaged in a form suitable for, use in the household or by children.
(3) Banned hazardous substance--
(A) Any article of clothing (other than
				  diapers) intended for the use of children which is not in compliance with
				  flammability standards for such clothing established by the department shall be
				  declared to be a banned hazardous substance by the department. The
				  determination by the department that the Articles of clothing of a specified
				  range of sizes are intended for the use of a child 14 years or younger shall be
				  conclusive.
(B) Any toy or other
				  article other than clothing intended for use by children, which is a hazardous
				  substance, or which bears or contains a hazardous substance in a manner
				  susceptible of access by a child to whom the toy or other article is entrusted,
				  shall be declared to be a banned hazardous substance by the
				  department.
(C) Any hazardous
				  substance intended, or packaged in a form suitable for use in a household,
				  which, notwithstanding cautionary labeling required by this Act, is potentially
				  so dangerous or hazardous when present or used in a household, that the
				  protection of the public health and safety can be adequately served only by
				  keeping the substance out of the channels of commerce, shall be declared to be
				  a banned hazardous substance by the department.
(D) Any article subject to the provisions of
				  this Act which cannot be labeled adequately to protect the public health and
				  safety, or which presents an imminent danger to the public health and safety,
				  shall be declared a banned hazardous substance by the department.
(E) The provisions of this section do not
				  apply to any toy or article such as chemical sets which by reason of functional
				  purpose requires the inclusion of a hazardous substance, and which bears
				  labeling which in the judgment of the department gives adequate directions and
				  warnings for safe use, and is intended for use by children who have attained
				  sufficient maturity and may reasonably be expected to read and heed these
				  directions and warnings; nor do the provisions of this section apply to the
				  manufacture, sale, distribution, or use of fireworks of any class.