Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Act" as used
			 in these rules means ORS 453.005 to ORS 453.135 relating to hazardous
			 substances.
(2) "Administrator"
			 means the Administrator of the Public Health Division of the Oregon Health
			 Authority.
(3) "Hazardous
			 Substances Intended or Packaged in a Form Suitable for Use in the Household" or
			 "Hazardous Household Substances" means any hazardous substances as defined in
			 the Act, whether or not packaged, that under any customary or reasonably
			 forseeable 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
			 such as hobby shops 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
			 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 of unit or container is not the only index of
			 whether the article 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 likely to be found in or around a
			 dwelling.
(4) "Prominently" and
			 "Conspicuously" 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.
(5) "Highly Toxic Substance"
			 is any substance falling within any of the following categories:
(a) Any substance that 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 grams and 300 grams, at a single dose of 50
			 milligrams or less per kilogram of body weight, when orally
			 administered;
(b) Any substance
			 that 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 grams and 300 grams
			 when inhaled continuously for a period of one hour or less in an atmospheric
			 concentration of 200 parts per million by volume or less of gas or vapor or two
			 milligrams per liter by volume or less of mist or dust, provided that such
			 concentration is likely to be encountered by humans when the substance is used
			 in any reasonably foreseeable manner;
(c) Any substance that produces death within
			 14 days in half or more than half of a group of ten or more rabbits weighing
			 between 2.3 kilograms 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 OAR
			 333-016-0020.
			 The number of animals tested shall be sufficient to give a statistically
			 significant result and be in conformity with good pharmacological
			 practices;
(d) Any substance
			 determined by the Administrator to be "highly toxic" on the basis of human
			 experience.