ARTICLE 1. General Provisions and Definitions

Article 1 added by Stats. 1995, Ch. 415, Sec. 6.

§§ 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…