Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter C - LABELING OF HAZARDOUS SUBSTANCES › Section 205.42 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Act--The
				  Texas Hazardous Substance Act, Health and Safety Code, Chapter 501.
(2) Commerce--Any and all commerce within the
				  State of Texas and subject to the jurisdiction thereof, and includes the
				  operation of any business or service establishment.
(3) Corrosive--Any substance which, in
				  contact with living tissue, will cause destruction of that tissue by chemical
				  action. It does not refer to chemical action on inanimate surfaces.
(4) Department--Department of State Health
				  Services.
(5) Federal Hazardous
				  Substances Act--The Federal Hazardous Substances Act,
				  15
				  United States Code §1261, et
				  seq.
(6) Flammable--Applies to any
				  substance which has a flash point of above 20 degrees Fahrenheit to and
				  including 80 degrees Fahrenheit, as determined by the tagliabue open cup
				  tester, a device for testing the flash point of volatile flammable materials
				  having flash points below 175 degrees Fahrenheit. Any substance which has a
				  flash point at or below 20 degrees Fahrenheit as determined by the tagliabue
				  open cup tester, shall be designated "extremely flammable." However, the
				  flammability of solids, children's clothing, and of the contents of
				  self-pressurized containers shall be determined by methods found by the
				  department to be generally applicable to these materials or containers, and
				  shall be established by rules issued by the department.
(7) Hazardous substance--
(A) any substance or mixture of substances
				  which is toxic, corrosive, extremely flammable, flammable, combustible, an
				  irritant, or a strong sensitizer, or that generates pressure through
				  decomposition, heat, or other means, if the substance or mixture of substances
				  may cause substantial personal injury or substantial illness during or as a
				  proximate result of any customary or reasonable foreseeable handling or use,
				  including reasonable foreseeable ingestion by children; or
(B) any toy or other article other than
				  clothing intended for use by children which presents an electrical, mechanical,
				  or thermal hazard; and
(C) any
				  radioactive substance if, with respect to the substance as used in a particular
				  class of article or as packaged, the department finds by rule that the
				  substance is sufficiently hazardous to require labeling in accordance with the
				  provisions of this Act in order to protect the public health. The term
				  "hazardous substance" does not apply to any one of the following:
(i) economic pesticides subject to the State
				  Pesticide Regulation Act, Agriculture Code, Chapter 76;
(ii) foods, drugs, and cosmetics subject to
				  the Federal Food, Drug, and Cosmetic Act,
				  21
				  United States Code §301, et
				  seq.;
(iii) beverages complying
				  with or subject to the Federal Alcohol Administration Act,
				  27
				  United States Code §201, et
				  seq.;
(iv) the Texas Food, Drug,
				  and Cosmetic Act, Health and Safety Code, Chapter 431;
(v) substances intended for use as fuels when
				  stored in containers and used in the heating, cooking, or refrigeration system
				  of a private residence; or
(vi) any
				  source material, special nuclear material, or by-product material as defined in
				  the Federal Atomic Energy Act of 1954,
				  42 United States Code
				  §2011, et seq., as amended, and
				  regulations issued pursuant thereto by the Atomic Energy Commission.