South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-390 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Act. "Act" as used in these regulations means the South Carolina Hazardous Substances Act.
(b) Hazardous substances intended or packaged in a form suitable for use in the household. "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 foreseen 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 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 as 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 is not the only index of whether the container 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 found in or around a dwelling.
(c) Prominently and conspicuously. "Prominently" in Section 23-39-20(o)(2)  and "conspicuously" in Section 23-39-20(o) (1, 2) 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. (See 5-408).
(d) Highly toxic substances. "Highly toxic" is any substance falling within any of the following categories:
(1) Any substance that produces death within 14 days in half or more than half of a group of 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.
(2) Any substance that produces death within 14 days in half or more than half of a group of white rats each weighing between 200 grams and 300 grams when inhaled continuously for a period of 1 hour or less in an atmospheric concentration of 200 parts per million by volume or less of gas or vapor or 2 milligrams per liter by volume or less of mist or dust, provided that such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner.
(3) Any substance that produces death within 14 days in half or more than half of a group of rabbits weighing between 2.3 kilograms each 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 5-397. The number of animals tested shall be sufficient to give a statistically significant result and be in conformity with good pharmacological practices.
(4) Any substance determined by the Commissioner to be "highly toxic" on the basis of human experience.