CHAPTER 4. California Hazardous Substances Act
Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6.
§§ 108100–108515 · 69 sections
ARTICLE 1. General Provisions and Definitions §§ 108100–108225 · 26 sections
- § 108100 This chapter shall be known as the California Hazardous Substances Act.
- § 108105 Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this…
- § 108110 The term “art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or…
- § 108115 “Department” means the State Department of Health Services.
- § 108120 As used in this chapter, “federal act” means the Federal Hazardous Substances Act (74 Stats. 372; 15 U.S.C., Sec. 1261, et seq.).
- § 108125 The term “hazardous substance” means: (a) Any substance or mixture of substances that (1) is toxic, (2) is corrosive, (3) is an irritant, (4) is a strong…
- § 108130 The term “hazardous substance” shall not apply to any of the following: (a) Foods, drugs, or cosmetics subject to the Federal Food, Drug, and Cosmetic Act (52…
- § 108135 The term “hazardous substance” shall apply to any article that is not itself an economic poison within the meaning of the Federal Insecticide, Fungicide and…
- § 108140 The term “human carcinogen” means any substance listed as a human carcinogen by the International Agency for Research on Cancer. The term “potential human…
- § 108145 The term “toxic” shall apply to any substance, other than a radioactive substance, that has the capacity to produce personal injury or illness to man through…
- § 108150 The term “toxic substance causing chronic illness” means any of the following: (1) Human carcinogens. (2) Potential human carcinogens. (3) Any substance…
- § 108155 “Highly toxic” means any substance that falls within any of the following categories: (a) Produces death within 14 days in half or more than half of a group of…
- § 108160 If the department finds that available data on human experience with any substance indicate results different from those obtained on animals with the dosages…
- § 108165 “Corrosive” means any substance which in contact with living tissue will cause destruction of tissue by chemical action; but shall not refer to action on…
- § 108170 “Irritant” means any substance not corrosive within the meaning of Section 108165 that on immediate, prolonged, or repeated contact with normal living tissue…
- § 108175 “Strong sensitizer” means a substance that will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity that becomes…
- § 108180 The term “extremely flammable” shall apply to any substance that has a flashpoint at or below 20 degrees Fahrenheit, as determined by the Tagliabue open-cup…
- § 108185 “Radioactive substance” means a substance that emits ionizing radiation.
- § 108190 “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…
- § 108195 The term “immediate container” does not include package liners.
- § 108200 The term “misbranded hazardous substance” means a hazardous substance (including a toy or other article intended for use by children, that is a hazardous…
- § 108205 The term “banned hazardous substance” means either: (a) Any toy, or other article intended for use by children, that is a hazardous substance, or that bears or…
- § 108210 (a) An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or…
- § 108215 The department, by regulation, shall exempt from subdivision (a) of Section 108205 (1) articles such as chemical sets, that by reason of their functional…
- § 108220 Proceedings for the issuance, amendment, or repeal of regulations pursuant to subdivision (b) of Section 108205 and Section 108215 shall be in the manner…
- § 108225 Notwithstanding any other provision of this chapter, no substance or article shall be deemed to violate any provision of this chapter except Article 6…
ARTICLE 2. Articles For Children §§ 108230–108235 · 2 sections
- § 108230 A determination by the department that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made…
- § 108235 If, before or during the making of a determination pursuant to Section 108230, the department finds that, because of an electrical, mechanical, or thermal…
ARTICLE 3. Prohibitions §§ 108240–108305 · 14 sections
- § 108240 The manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the…
- § 108245 Any person who imports or receives from any other state or territory or the District of Columbia or from any foreign country, or who having so received…
- § 108250 The packing, selling, offering for sale, or keeping for sale of a hazardous substance in a reused food, drug, or cosmetic container or in a container that,…
- § 108255 The department may by regulation prohibit the use of any other container for hazardous substances if it determines that the container may be mistaken for a…
- § 108260 The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a…
- § 108265 It shall be unlawful to refuse to permit entry or inspection authorized by Section 108370 or to permit access to and copying of any record as authorized by…
- § 108270 No person shall be prosecuted under this chapter if, after receipt of a hazardous substance, he or she can establish a guarantee or undertaking signed by, and…
- § 108275 If the guarantee is to the effect that the article is not misbranded or banned within the meaning of the Federal Hazardous Substances Act (Public Law 86-813,…
- § 108280 The giving of a guarantee referred to in Section 108270 that is false, is prohibited, except by a person who relied upon a guarantee to the same effect signed…
- § 108285 No person shall be prosecuted under this chapter if the hazardous substance is shipped or delivered for shipment for export to any foreign country, in a…
- § 108290 The use by any person to his or her own advantage, or revealing other than to the department or any agent of the department or to the courts when relevant in…
- § 108295 Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than…
- § 108300 For the purpose of enforcing this chapter, carriers engaged in commerce, and persons receiving or holding hazardous substances shall upon the request of an…
- § 108305 Before any violation of this chapter is reported to the district attorney of the county, or the prosecuting officer of the city, for institution of a criminal…
ARTICLE 4. Repurchase §§ 108310–108315 · 2 sections
- § 108310 For the purposes of this article, the following terms have the following meanings: (a) “Manufacturer” includes an importer for resale. (b) A dealer who sells…
- § 108315 In the case of any article or substance sold on or after the effective date of this section by its manufacturer, distributor, or dealer that is a banned…
ARTICLE 5. Administration §§ 108320–108420 · 21 sections
- § 108320 The department may adopt regulations regarding hazardous substances as it determines are necessary to adequately enforce and administer this chapter. Any…
- § 108325 Whenever in the judgment of the department the action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application,…
- § 108330 If the department finds that the requirements of Section 108200 are not adequate for the protection of the public health and safety in view of the special…
- § 108335 The regulations shall be adopted by the department in the manner prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2…
- § 108340 To the extent that the requirements of this chapter are identical with the federal act, all regulations and any amendments to regulations adopted pursuant to…
- § 108345 A federal regulation adopted pursuant to this chapter takes effect in this state 30 days after it becomes effective as a federal regulation. Any person who…
- § 108350 If substantial objections are made to a federal regulation within 30 days prior to its becoming effective in this state or to a proposed regulation within 30…
- § 108355 If the department finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for…
- § 108360 The department may exempt from the requirements established by, or pursuant to, this chapter any container of a hazardous substance with respect to which it…
- § 108365 The department may appoint agents as it may deem necessary.
- § 108370 The department or its duly authorized agent shall have free access to all reasonable hours to any factory, warehouse, or establishment in which hazardous…
- § 108375 Whenever a duly authorized agent of the department finds, or has probable cause to believe, that any hazardous substance is so misbranded as to be dangerous or…
- § 108380 Whenever the findings of the department show, after investigation and examination, that any hazardous substance found in the possession of any person is…
- § 108385 A hazardous substance found to be misbranded, or to be a banned hazardous substance may, by order of a court or judge, or in the absence of the order, with the…
- § 108390 When a misbranded hazardous substance or a banned hazardous substance is detained or quarantined under this article, the department shall commence proceedings…
- § 108395 If the court finds that a detained or quarantined article is misbranded, after entry of the decree the article shall be destroyed at the expense of the…
- § 108400 If the misbranding can be corrected by proper labeling or processing of the article, after entry of the decree and after costs, fees, and expenses have been…
- § 108405 The bond shall be returned to the claimant of the article on representation to the court by the department that the article is no longer in violation of this…
- § 108410 The department shall cause to be published from time to time reports summarizing any judgments, decrees, or court orders that have been rendered under this…
- § 108415 In addition to the remedies heretofore provided, the department is hereby authorized to bring an action in superior court and the court shall have jurisdiction…
- § 108420 If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the…
ARTICLE 6. Art or Craft Materials §§ 108500–108515 · 4 sections
- § 108500 For the purposes of this article, an art or craft material shall be presumed to contain an ingredient that is a toxic substance causing chronic illness if the…
- § 108505 The Legislature finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material that contains…
- § 108510 No person shall distribute, sell, offer for sale, or expose for sale any art or craft material containing toxic substances causing chronic illness on which the…
- § 108515 (a) The manufacturer of any art or craft material sold, distributed, offered for sale, or exposed for sale in this state shall supply to a national poison…