§ 23-24-2 - Definitions.
SECTION 23-24-2
§ 23-24-2 Definitions. – For the purposes of this chapter:
(1) "Banned hazardous substance" means:
(A) Any toy or other article intended for use by children,which is a hazardous substance, or which bears or contains a hazardoussubstance in a manner as to be susceptible of access by a child to whom the toyor other article is entrusted; or
(B) Any hazardous substance intended, or packaged in a formsuitable, for use in the household, which the council by regulation classifiesas a "banned hazardous substance" on the basis of a finding that,notwithstanding any cautionary labeling that is or may be required under thischapter for that substance, the degree or nature of the hazard involved in thepresence or use of that substance in households is such that the objective ofthe protection of the public health and safety can be adequately served only bykeeping that substance when so intended or packaged out of the channels ofintrastate commerce; provided, that the council, by regulation:
(I) Shall exempt from subdivision (1)(i)(A) of this sectionarticles, such as chemical sets, which by reason of their functional purposerequire the inclusion of the hazardous substance involved, or necessarilypresent an electrical, mechanical, or thermal hazard and which bear labelinggiving adequate directions and warnings for safe use and are intended for useby children who have attained sufficient maturity, and may reasonably beexpected, to read and heed the directions and warnings; and
(II) Shall exempt from subdivision (1)(i)(A) of this section,and provide for the labeling of, common fireworks (including toy paper caps,cone fountains, cylinder fountains, whistles without report, and sparklers) tothe extent that he or she determines that those articles can be adequatelylabeled to protect the purchasers and users of these articles.
(ii) Proceedings for the issuance, amendment, or repeal ofregulations pursuant to subdivision (1)(i)(B) of this section shall be governedby the provisions of § 42-35-3 (other than subsection 42-35-3(b));provided, that if the council finds that the distribution for household use ofthe hazardous substance involved presents an imminent hazard to the publichealth, it may, by order published in a daily newspaper with statewidecirculation, give notice of that finding, and upon giving notice the substancewhen intended or offered for household use, or when packaged as to be suitablefor that use, shall be deemed to be a "banned hazardous substance" pending thecompletion of proceedings relating to the issuance of those regulations.
(2) "Corrosive" means any substance which in contact withliving tissue will cause destruction of tissue by chemical action, but shallnot refer to action on inanimate surfaces.
(3) "Consumer protection unit" means the consumer protectionunit of the department of attorney general;
(4) "Director" means the head of the consumer protection unitof the department of attorney general;
(5) "Extremely flammable" applies to any substance which hasa flash point at or below twenty degrees Fahrenheit (20° F.) as determinedby the tagliabue open cup tester; the term "flammable" applies to any substancewhich has a flash point of above twenty degrees (20° F.) to and includingeighty degrees Fahrenheit (80° F.), as determined by the tagliabue open cuptester; and the term "combustible" applies to any substance which has a flashpoint above eighty degrees Fahrenheit (80° F.) to and including one hundredand fifty degrees (150° F.) as determined by the tagliabue open cup tester;except that the flammability or combustibility of solids and of the contents ofself-pressurized containers shall be determined by methods found by thedirector to be generally applicable to those materials or containers,respectively, and established by regulations issued by him or her or whichregulations shall also define the terms "flammable", "combustible", and"extremely flammable" in accord with those methods.
(6) "Hazardous substance" means:
(i) Any substance or mixture of substances which:
(I) Is toxic;
(II) Is corrosive;
(III) Is an irritant;
(IV) Is a strong sensitizer;
(V) Is flammable or combustible; or
(VI) Generates pressure through decomposition, heat, or othermeans, if the substances or mixture of substances may cause substantialpersonal injury or substantial illness during or as a proximate result of anycustomary or reasonably foreseeable handling or use, including reasonablyforeseeable ingestion by children.
(B) Any substance which the consumer protection unit byregulation finds, pursuant to the provisions of § 23-24-3(a), meet therequirements of subdivision (6)(i)(A) of this section.
(C) Any radioactive substance, if, with respect to thissubstance as used in a particular class of article or as packaged, the directordetermines by regulation that the substance is sufficiently hazardous torequire labeling in accordance with this chapter in order to protect the publichealth.
(D) Any toy or other article intended for use by childrenwhich the consumer protection unit by regulation determines, in accordance with§ 23-24-3(a), presents an electrical, mechanical, or thermal hazard.
(ii) "Hazardous substance" does not apply to pesticidessubject to the Pesticide Control Act, chapter 25 of this title, nor to foods,drugs, and cosmetics subject to the Food, Drug and Cosmetic Act, chapter 31 oftitle 21, nor to substances intended for use as fuels when stored in containersand used in the heating, cooking, or refrigeration system of a house, nor tomanufactured goods in process or waste in transit for proper disposal; but theterm applies to any article which is not itself an economic poison but which isa hazardous substance within the meaning of subdivision (6)(i) of this sectionby reason of bearing or containing an economic poison.
(iii) The consumer protection unit shall make no ruling ororder that restricts the manufacture or sale of firearms, firearms ammunition,or components of firearms ammunition including black powder or gunpowder forfirearms.
(7) "Highly toxic" means any substance which falls within anyof the following categories:
(A) Produces death within fourteen (14) days in half or morethan half of a group of ten (10) or more laboratory white rats each weighingbetween two hundred (200) and three hundred (300) grams at a single dose offifty (50) milligrams or less per kilogram of body weight, when orallyadministered; or
(B) Produces death within fourteen (14) days in half or morethan half of a group of ten (10) or more laboratory white rats each weighingbetween two hundred (200) and three hundred (300) grams, when inhaledcontinuously for a period of one hour or less at an atmospheric concentrationof two hundred (200) parts per million by volume or less of gas or vapor or two(2) milligrams per liter by volume or less of mist or dust, provided thatconcentration is likely to be encountered by humans when the substance is usedin any reasonably foreseeable manner; or
(C) Produces death within fourteen (14) days in half or morethan half of a group of ten (10) or more rabbits tested in a dosage of twohundred (200) milligrams or less per kilogram of body weight, when administeredby continuous contact with the bare skin for twenty-four (24) hours or less.
(ii) If the director finds that available data on humanexperience with any substance indicate results different from those obtained onanimals in the above named dosages or concentrations, the human data shall takeprecedence.
(8) "Immediate container" does not include package liners.
(9) "Intrastate commerce" means commerce within the state ofRhode Island.
(10) "Irritant" means any substance not corrosive within themeaning of subdivision (2) which on immediate, prolonged, or repeated contactwith normal living tissue will induce a local inflammatory reaction.
(11) "Label" means a display of written, printed, or graphicmatter upon the immediate container of any substance or, in the case of anarticle which is unpackaged or is not packaged in an immediate containerintended or suitable for delivery to the ultimate consumer, a display of thatmatter directly upon the article involved or upon a tag or other suitablematerial affixed to it; and a requirement made by or under authority of thisact that any word, statement, or other information that appears on the labelshall not be considered to be complied with unless that word, statement, orother information also appears:
(i) On the outside container or wrapper, if there be any,unless it is easily legible through the outside container or wrapper; and
(ii) On all accompanying literature where there aredirections for use, written or otherwise.
(12) "Misbranded hazardous substance" means a hazardoussubstance (including a toy, or other article intended for use by children,which is a hazardous substance or which bears or contains a hazardous substancein a manner as to be susceptible of access by a child to whom that toy or otherarticle is entrusted) intended, or packaged in a form suitable, for use in thehousehold or by children, if the packaging or labeling of that substance is inviolation of an applicable regulation issued pursuant to § 23-24.1-3 or23-24.1-4 or if the substance, except as provided by or pursuant to §23-24-3, fails to bear a label:
(i) Which states conspicuously:
(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 thereis no common or usual name, of the hazardous substance or of each componentwhich contributes substantially to its hazard, unless the director byregulation permits or requires the use of a recognized generic name;
(C) The signal word "DANGER" on substances which areextremely flammable, corrosive, or highly toxic;
(D) The signal word "WARNING" or "CAUTION" on all otherhazardous substances;
(E) An affirmative statement of the principal hazard orhazards, such as "flammable", "combustible", "vapor harmful", "causes burns","absorbed through skin", or similar wording descriptive of the hazard;
(F) Precautionary measures describing the action to befollowed or avoided except when modified by regulation of the consumerprotection unit pursuant to § 23-24-3;
(G) Instruction, when necessary or appropriate, for first-aidtreatment;
(H) The word "poison" for any hazardous substance which isdefined as "highly toxic" by subdivision (7) of this section;
(I) Instructions for handling and storage of packages whichrequire special care in handling or storage; and
(J) The statement:
(I) "Keep out of the reach of children" or its practicalequivalent; or
(II) If the article is intended for use by children and isnot a banned hazardous substance, adequate directions for the protection ofchildren from the hazard; and
(ii) On which any statements required under paragraph (i) ofthis subdivision are located prominently and are in the English language inconspicuous and legible type in contrast by typography, layout, or color withother printed matter on the label.
(iii) "Misbranded hazardous substance" also includes ahousehold substance as defined in § 23-24.1-2(3)(i), if it is a substancedescribed in subdivision (6)(i) of this section and its packaging or labelingis in violation of an applicable regulation issued pursuant to § 23-24.1-3or 23-24.1-4.
(13) "Person" includes an individual, partnership,corporation, and association.
(14) "Radioactive substance" means a substance which emitsionizing radiation.
(15) "Strong sensitizer" means a substance which will causeon normal living tissue through an allergic or photodynamic process ahypersensitivity which becomes evident on reapplication of the same substanceand which is designated as such by the director; before designating anysubstance as a strong sensitizer, the director, upon consideration of thefrequency of occurrence and severity of the reaction, shall find that thesubstance has a significant potential for causing hypersensitivity.
(16) "Toxic" applies to any substance (other than aradioactive substance) which has the capacity to produce personal injury orillness to humans through ingestion, inhalation, or absorption through any bodysurface.
(17) An article may be determined to present an electricalhazard if in normal use or when subjected to reasonably foreseeable damage orabuse, its design or manufacture may cause personal injury or illness byelectric shock.
(18) An article may be determined to present a mechanicalhazard if, in normal use or when subjected to reasonably foreseeable damage orabuse, its design or manufacture presents an unreasonable risk of personalinjury or illness:
(i) From fracture, fragmentation, or disassembly of thearticle;
(ii) From propulsion of the article (or any part or accessoryof it);
(iii) From points or other protrusions, surfaces, edges,openings, or closures;
(iv) From moving parts;
(v) From lack or insufficiency of controls to reduce or stopmotion;
(vi) As a result of self-adhering characteristics of thearticle;
(vii) Because the article (or any part or accessory of it)may be aspirated or ingested;
(viii) Because of instability; or
(ix) Because of any other aspect of the article's design ormanufacture.
(19) An article may be determined to present a thermal hazardif, in normal use or when subjected to reasonably foreseeable damage or abuse,its design or manufacture presents an unreasonable risk of personal injury orillness because of heat as from heated parts, substances, or surfaces.