Bill Text: OR HB3313 | 2011 | Regular Session | Introduced
Bill Title: Relating to hazardous substances.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3313 Detail]
Download: Oregon-2011-HB3313-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2000
House Bill 3313
Sponsored by Representative HOLVEY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies definition of 'hazardous substance.' Requires Director
of Human Services to adopt standards for labeling articles that
contain hazardous substances. Clarifies exemption for food and
drugs. Clarifies provisions related to misbranded hazardous
substances.
A BILL FOR AN ACT
Relating to hazardous substances; creating new provisions; and
amending ORS 453.005, 453.015, 453.035 and 453.055.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 453.005, as amended by section 1, chapter 639,
Oregon Laws 2009, is amended to read:
453.005. As used in ORS 453.005 to 453.135 unless the context
requires otherwise:
(1) 'Combustible' means any substance that has a flash point
above 80 degrees Fahrenheit to and including 140 degrees, as
determined by the Tagliabue Open Cup Tester.
(2) 'Commerce' means any and all commerce within the State of
Oregon and subject to the jurisdiction thereof and includes the
operation of any business or service establishment.
(3) 'Corrosive' means any substance that in contact with living
tissue will cause destruction of tissue by chemical action, but
does not refer to action on inanimate surfaces.
(4) 'Electrical hazard' means an article that because of its
design or manufacture may cause personal injury or illness by
electric shock when in normal use or when subjected to reasonably
foreseeable damage or abuse.
(5) 'Extremely flammable' means any substance that has a flash
point at or below 20 degrees Fahrenheit as determined by the
Tagliabue Open Cup Tester.
(6) 'Flammable' means any substance that has a flash point of
above 20 degrees to and including 80 degrees Fahrenheit, as
determined by the Tagliabue Open Cup Tester.
(7) 'Hazardous substance' means:
(a) Any substance that is toxic, corrosive, an irritant, a
strong sensitizer, flammable { - , - } { + or + } combustible,
or { + that + } generates pressure through decomposition, heat
or other means, if such substance or mixture of substances may
cause substantial personal injury { - or - } { + , + }
substantial illness { + , irreversible harm or a chronic adverse
health effect + } during or as a proximate result of any
customary or reasonably foreseeable handling or use, { + or
through prolonged use or exposure, + } including reasonably
foreseeable ingestion by children, or any substance that the
Director of the Oregon Health Authority finds, pursuant to the
provisions of ORS 453.005 to 453.135, comes within the definition
of this paragraph.
(b) Any radioactive substance, if, with respect to such
substance as used in a particular class of article or as
packaged, the director determines that the substance is
sufficiently hazardous to require labeling in accordance with ORS
453.005 to 453.135 in order to protect the public health.
However, ' hazardous substance' does not include any source
material, special nuclear material, or by-product material as
defined in the Atomic Energy Act of 1954, as amended, and
regulations issued pursuant thereto by the Atomic Energy
Commission.
(c) Any toy or other article intended for use by children that
the director determines in accordance with ORS 453.055 presents
an electrical, thermal or mechanical hazard.
(d) Any article that is not pesticide within the meaning of the
Federal Insecticide, Fungicide, and Rodenticide Act or regulated
under ORS 616.335 to 616.385, but that is a hazardous substance
within the meaning of paragraph (a) of this subsection by reason
of bearing or containing pesticide.
(e) The following brominated flame retardant chemicals:
(A) Pentabrominated diphenyl ether;
(B) Octabrominated diphenyl ether; and
(C) Decabrominated diphenyl ether.
(8) 'Highly toxic' means any substance that falls within any of
the following categories:
(a) Produces death within 14 days in one-half or more of a
group of 10 or more laboratory white rats each weighing between
200 and 300 grams, at a single dose of 50 milligrams or less per
kilogram of body weight, when orally administered;
(b) Produces death within 14 days in one-half or more of a
group of 10 or more laboratory white rats each weighing between
200 and 300 grams, when inhaled continuously for a period of one
hour or less at an atmosphere 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 such
concentration is likely to be encountered by humans when the
substance is used in any reasonably foreseeable manner; or
(c) Produces death within 14 days in one-half or more of a
group of 10 or more rabbits 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.
(9) 'Immediate container' does not include package liners.
(10) 'Irritant' means any substance not corrosive within the
meaning of subsection (3) of this section, but that on immediate,
prolonged, or repeated contact with normal living tissue will
induce a local inflammatory reaction.
(11) 'Label' means a display of written, printed, or graphic
matter upon the immediate container of any substance, or in the
case of an article that is unpackaged or is not packaged in an
immediate container intended or suitable for delivery to the
ultimate consumer, a display of such matter directly on the
article involved or on a tag or other suitable material affixed
thereto, and a requirement made by or under authority of ORS
453.005 to 453.135 that any word, statement, or other information
appearing on the label shall not be considered to be complied
with unless such word, statement, or other information also
appears on the outside container or wrapper, if any, unless it is
easily legible through the outside container or wrapper and on
all accompanying literature where there are directions for use,
written or otherwise.
(12) 'Mechanical hazard' means an article that in normal use or
when subjected to reasonably foreseeable damage or abuse presents
an unreasonable risk of personal injury or illness, by its design
or manufacture:
(a) From fracture, fragmentation, or disassembly of the
article;
(b) From propulsion of the article or any part or accessory
thereof;
(c) From points or other protrusions, surfaces, edges,
openings, or closures;
(d) From moving parts;
(e) From lack or insufficiency of controls to reduce or stop
motion;
(f) As a result of self-adhering characteristics of the
article;
(g) Because the article or any part or accessory thereof may be
aspirated or ingested;
(h) Because of instability; or
(i) Because of any other aspect of the article's design or
manufacture.
(13) 'Misbranded hazardous substance' means a hazardous
substance that does not meet the labeling requirements of ORS
453.035.
(14) 'Poison' means:
(a) Arsenic and its preparations;
(b) Corrosive sublimate;
(c) Cyanides and preparations, including hydrocyanic acid;
(d) Hydrochloric acid and any preparation containing free or
chemically unneutralized hydrochloric acid (HCl) in a
concentration of 10 percent or more;
(e) Nitric acid or any preparation containing free or
chemically unneutralized nitric acid (HNO3) in a concentration of
five percent or more;
(f) Strychnine;
(g) Sulfuric acid and any preparation containing free or
chemically unneutralized sulfuric acid (H2SO4) in a concentration
of 10 percent or more;
(h) Solution of ammonia, U.S.P. 28 percent; or
(i) Carbolic acid.
(15) 'Radioactive substance' means a substance that emits
ionizing radiation.
(16) 'Strong sensitizer' means a substance that will cause on
normal living tissue, through an allergic or photodynamic
process, a hypersensitivity that becomes evident on reapplication
of the same substances and that is designated as such by the
director.
(17) 'Thermal hazard' means an article that, in normal use or
when subjected to reasonably foreseeable damage or abuse, because
of its design or manufacture presents an unreasonable risk of
personal injury or illness because of heat as from heated parts,
substances or surfaces.
(18) 'Toxic substance' means any substance, other than
radioactive substance, that has the capacity to produce personal
injury or illness to humans through ingestion, inhalation, or
absorption through any body surface.
SECTION 2. ORS 453.015 is amended to read:
453.015. ORS 453.005 to 453.135 and 453.990 (2) do not apply
to:
(1) Articles such as chemical sets which by reason of
functional purpose require the inclusion of the hazardous
substance involved or necessarily present an electrical,
mechanical or thermal hazard, and which bear labeling giving
adequate directions and warnings for safe use, and are intended
for use by children who have attained sufficient maturity and may
reasonably be expected to read and heed these directions and
warnings.
(2) Common fireworks regulated under ORS 480.110 to 480.165.
(3) Pesticides subject to the Federal Insecticide, Fungicide
and Rodenticide Act or regulated by ORS 616.335 to 616.385.
(4) Substances intended for use as fuels when stored in
containers and used in the heating, cooking or refrigeration
system of a house.
(5) Foods or drugs { - otherwise regulated by this state - }
. { + However, ORS 453.005 to 453.135 and 453.990 (2) do apply
to substances that come into contact with foods and that could
contaminate the foods, including but not limited to food
packaging. + }
(6) Poisons sold to the ultimate consumer for agricultural or
industrial uses in amounts of 10 pounds or more.
(7) Any substance for use in a scientific laboratory.
SECTION 3. ORS 453.035 is amended to read:
453.035. (1) The Director of the Oregon Health Authority shall
adopt standards for the labeling of hazardous substances { + and
for the labeling of articles that contain hazardous
substances + }. The director may permit or require the use of a
recognized generic name or may require the common or usual name
or the chemical name, if there is no common or usual name, of the
hazardous substance or of each component { - which - }
{ + that + } the director finds contributes substantially to its
hazard.
(2) The director shall require:
(a) The word 'Danger' on substances { + , or on articles
containing substances, that + } { - which - } are extremely
flammable, corrosive or highly toxic;
(b) The word 'Warning' or 'Caution' on other hazardous
substances { + or on other articles containing hazardous
substances + };
(c) An affirmative statement of the principal hazard or
hazards, such as 'Flammable,' 'Combustible,' 'Vapor Harmful,'
'Causes Burns,' 'Absorbed Through Skin,' or similar wording
descriptive of the hazard;
(d) Precautionary measures describing the action to be followed
or avoided, except when modified by rule of the director pursuant
to subsection (4) of this section;
(e) Instruction, when necessary or appropriate, for first-aid
treatment;
(f) The word 'Poison' for any hazardous substance { + , or for
articles containing any hazardous substance, that + }
{ - which - } is defined as 'highly toxic' in ORS 453.005;
(g) Instructions for handling and storage of packages
{ - which - } { + that + } require special care in handling or
storage;
(h) Adequate directions for the protection of children from the
hazard if the article is intended for use by children and is not
a banned hazardous substance, or the statement 'Keep out of the
reach of children,' or its practical equivalent, if the article
is not intended for use by children; and
(i) The name and place of business of the manufacturer, packer,
distributor or seller.
(3) Any statement required by this section must be in the
English language, located prominently and in conspicuous and
legible type in contrast by typography, layout or color with
other printed matter on the label.
(4) If the director finds that, because of the size of the
package involved or because of the minor hazard presented by the
substance contained { - therein - } { + in the package + },
or for other good and sufficient reasons, full compliance with
the labeling requirements otherwise applicable under ORS 453.005
to 453.135 and 453.990 (2) is impracticable or is not necessary
for the adequate protection of the public health and safety, the
director may authorize the exemption of such substance { + , or
article containing such substance, + } from the requirements, to
an extent consistent with adequate protection of the public
health and safety.
SECTION 4. ORS 453.055 is amended to read:
453.055. (1) The Director of the Oregon Health Authority shall
declare to be a hazardous substance any substance or mixture of
substances { - which - } { + that + } the director finds to
be within the definition of { + ' + } hazardous substance { +
' + } in ORS 453.005.
(2) If the director finds that any hazardous substance is a
misbranded hazardous substance { + or that any article contains
a misbranded hazardous substance + }, the director shall require
such reasonable variations or labeling requirements in addition
to those required by ORS 453.035 as the director finds necessary
for the protection of the public health and safety. However, if
the director finds that any hazardous substance { + or article
containing a hazardous substance + } cannot be labeled adequately
to protect the public health and safety, or the article presents
an imminent danger to the public health and safety, the director
may declare the article to be a banned hazardous substance and
require its removal from commerce.
(3) If the director finds that a toy or other article intended
for use by children is a hazardous substance, bears or contains a
hazardous substance in a manner as to be susceptible of access by
a child to whom the toy or other article is entrusted or presents
an electrical, mechanical or thermal hazard, the director shall
declare a toy or other article to be a banned hazardous substance
and require its removal from commerce.
(4) If the director finds that any hazardous substance { + , or
article containing any hazardous substance, + } intended, or
packaged in a form suitable, for { + personal use or + } use in
a household, notwithstanding cautionary labeling as required
under ORS 453.005 to 453.135 and 453.990 (2), involves a degree
or nature of the hazard by its presence or use { - in
households - } { + such + } that the protection of the public
health and safety can be adequately served only by keeping the
substance { + or article + } out of the channels of commerce,
the director shall declare the hazardous substance to be a banned
hazardous substance { + , or shall declare the article containing
the hazardous substance to be a banned article, + } and require
its removal from commerce.
(5) Any hazardous substance { + , or article containing any
hazardous substance, + } intended, or packaged in a form
suitable { + , + } for use in the household or by children,
{ - which - } { + that + } fails to bear a label in accordance
with ORS 453.035 and the standards of the director shall be
deemed to be a misbranded hazardous substance { + or an article
that contains a misbranded hazardous substance + }.
(6) Any hazardous substance contained in a reused food, drug or
cosmetic container is a misbranded hazardous substance.
{ + (7) In adopting rules under this section pursuant to ORS
453.095, the director shall review scientific data, which may
include laboratory findings, epidemiologic studies and public
surveillance, and shall consider whether the weight of the
scientific evidence supports a finding that a substance is a
hazardous substance. + }
SECTION 5. { + (1) For purposes of ORS 30.492 (1), the
amendments to ORS 453.005 by section 1 of this 2011 Act apply
only to causes of action that arise on or after the effective
date of this 2011 Act.
(2) For the purposes of ORS 31.610 (6)(a), the amendments to
ORS 453.005 by section 1 of this 2011 Act apply to violations
related to the spill, release or disposal of hazardous substance
occurring on or after the effective date of this 2011 Act. + }
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