16 CFR Ch. II (1–1–09 Edition) §1500.1
1500.272Costs chargeable in connection with relabeling and reconditioning inadmis-
sible imports.
三乡A UTHORITY: 15 U.S.C. 1261–1278.
S OURCE: 38 FR 27012, Sept. 27, 1973, unless otherwi noted.
§1500.1Scope of subchapter.
Set forth in this subchapter C are the regulations of the Consumer Product Safety Commission issued pursuant to and for the implementation of the Fed-eral Hazardous Substances Act as amended (e §1500.3(a)(1)).
§1500.2Authority.
Authority under the Federal Haz-ardous Substances Act is vested in the Consumer Product Safety Commission by ction 30(a) of the Consumer Prod-uct Safety Act (15 U.S.C. 2079(a)).
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你为了爱我歌谱§1500.3Definitions.
(a) Certain terms ud in this part. As ud in this part:
(1) Act means the Federal Hazardous Substances Act (Pub. L. 86–613, 74 Stat. 372–81 (15 U.S.C. 1261–74)) as amended by:
(i) The Child Protection Act of 1966 (Pub. L. 89–756, 80 Stat. 1303–05).
(ii) The Child Protection and Toy Safety Act of 1969 (Pub. L. 91–113, 83 Stat. 187–90).
(iii) The Poison Prevention Pack-aging Act of 1970 (Pub. L. 91–601, 84 Stat. 1670–74).
(2) Commission means the Consumer Product Safety Commission estab-lished May 14, 1973, pursuant to provi-sions of the Consumer Product Safety Act (Pub. L. 92–573, 86 Stat. 1207–33 (15 U.S.C. 2051–81)).
(b) Statutory definitions. Except for the definitions given in ction 2 (c) and (d) of the act, which are obsolete, the definitions t forth in ction 2 of the act are applicable to this part and are repeated for convenience as follows (some of the statutory definitions are interpreted, supplemented, or provided with alternatives in paragraph (c) of this ction):
(1) Territory means any territory or posssion of the United States, includ-ing the District of Columbia and the Commonwealth of Puerto Rico but ex-cluding the Canal Zone.
(2) Interstate commerce means (i) com-merce between any State or territory and any place outside thereof and (ii) commerce within the District of Co-lumbia or within any territory not or-ganized with a legislative body.
(3) Person includes an individual, partnership, corporation, and associa-tion.
(4)(i) Hazardous substance means:
mercury无线网卡(A) Any substance or mixture of sub-stances which is toxic, corrosive, an ir-ritant, a strong nsitizer, flammable
or combustible, or generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cau substantial per-sonal injury or substantial illness dur-
ing or as a proximate result of any cus-tomary or reasonably foreeable han-dling or u, including reasonably fore-eable ingestion by children.
(B) Any substance which the Com-mission by regulation finds, pursuant
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to the provisions of ction 3(a) of the act, meet the requirements of ction
2(f)(1)(A) of the act (restated in (A) above).
(C) Any radioactive substance if, with respect to such substance as ud
in a particular class of article or as packaged, the Commission determines by regulation that the substance is suf-ficiently hazardous to require labeling
in accordance with the act in order to protect the public health.
(D) Any toy or other article intended for u by children which the Commis-sion by regulation determines, in ac-cordance with ction 3(e) of the act, prents an electrical, mechanical, or thermal hazard.
(ii) Hazardous substance shall not apply to pesticides subject to the Fed-eral Incticide, Fungicide, and Rodenticide Act, to foods, drugs, and cosmetics subject to the Federal Food, Drug, and Cosmetic Act, nor to sub-stances intended for u as fuels when stored in containers and ud in the heating, cooking, or refrigeration sys-tem of a hou. ‘‘Hazardous substance’’ shall apply, however, to any article which is not itlf a pesticide within the meaning of the Federal Incticide, F
ungicide, and Rodenticide Act but which is a hazardous substance within the meaning of ction 2(f)(1) of the
Consumer Product Safety Commission §1500.3
Federal Hazardous Substances Act (re-stated in paragraph (b)(4)(i) of this c-tion) by reason of bearing or con-taining such a pesticide.
(iii) Hazardous substance shall not in-clude any source material, special nu-clear material, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission.
(5) Toxic shall apply to any substance (other than a radioactive substance) which has the capacity to produce per-sonal injury or illness to man through ingestion, inhalation, or absorption through any body surface.
(6)(i) Highly toxic means any sub-stance which falls within any of the following categories:
(A) Produces death within 14 days in half or more than half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, at a single do of 50 milligrams or less per kilogra
m of body weight, when orally administered; or
(B) Produces death within 14 days in half or more than half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when inhaled continuously for a period of 1 hour or less at an atmospheric con-centration of 200 parts per million by volume or less of gas or vapor or 2 mil-ligrams per liter by volume or less of mist or dust, provided such concentra-tion is likely to be encountered by man when the substance is ud in any rea-sonably foreeable manner; or
(C) Produces death within 14 days in half or more than half 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.
(ii) If the Commission finds that available data on human experience with any substance indicate results dif-ferent from tho obtained on animals in the dosages and concentrations spec-ified in paragraph (b)(6)(i) of this c-tion, the human data shall take prece-dence.
(7) Corrosive means any substance which in contact with living tissue will cau destruction of tissue by chemical action, but shall not refer to action on inanimate surfaces.
(8) Irritant means any substance not corrosive within the meaning of c-
tion 2(i) of the act (restated in para-graph (b)(7) of this ction) which on immediate, prolonged, or repeated con-
tact with normal living tissue will in-duce a local inflammatory reaction.
(9) Strong nsitizer means a substance which will cau on normal living tis-
sue through an allergic or photodynamic process a hyper-nsitivity which becomes evident on reapplication of the same substance and which is designated as such by the Commission. Before designating any substance as a strong nsitizer, the Commission, upon consideration of the frequency of occurrence and verity of
the reaction, shall find that the sub-stance has a significant potential for causing hypernsitivity.
(10) The terms extremely flammable, flammable, and combustible as they apply to any substances, liquid, solid,
or the contents of any lf-pressurized container, are defined by regulations issued by the Commission and pub-lished at §1500.3(c)(6).
(11) Radioactive substance means a substance which emits ionizing radi-ation.
(12) Label means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the cas of an article which is unpackaged or is not packaged in an immediate container intended or suit-able for delivery to the ultimate con-sumer, a display of such matter di-rectly upon the article involved or upon a tag or other suitable material affixed thereto. A requirement made by
or under authority of the act that any word, statement, or other information appear on the label shall not be consid-ered to be complied with unless such word, statement, or other information also appears (i) on the outside con-tainer or wrapper, if any there be, un-
less it is easily legible through the out-side container or wrapper and (ii) on all accompanying literature where there are directions for u, written or other-wi.
(13) I mmediate container does not in-clude package liners.
16 CFR Ch. II (1–1–09 Edition) §1500.3
(14) Misbranded hazardous substance means a hazardous substance (includ-ing a toy, or other article intended for u by children, which is a hazardous substance, or which bears or contains a ha
zardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is en-trusted) intended, or packaged in a form suitable, for u in the houhold or by children, if the packaging or la-beling of such substance is in violation of an applicable regulation issued pur-suant to ction 3 or 4 of the Poison Prevention Packaging Act of 1970 or if such substance, except as otherwi provided by or pursuant to ction 3 of the act (Federal Hazardous Substances Act), fails to bear a label:
(i) Which states conspicuously:
(A) The name and place of business of the manufacturer, packer, distributor, or ller;
(B) The common or usual name or the chemical name (if there be no com-mon or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the Commission by regulation permits or requires the u of a recog-nized generic name;
(C) The signal word ‘‘DANGER’’ on substances which are extremely flam-mable, corrosive, or highly toxic;
(D) The signal word ‘‘WARNING’’ or ‘‘CAUTION’’ on all other hazardous substances;
(E) An affirmative statement of the principal hazard or hazards, such as ‘‘Flammable,’’ ‘‘Combustible,’’ ‘‘Vapor Harmful,’’ ‘‘Caus Burns,’’ ‘‘Absorbed Through Skin,’’ or similar wording de-scriptive of the hazard;
(F) Precautionary measures describ-ing the action to be followed or avoid-ed, except when modified by regulation of the Commission pursuant to ction
3 of the act;
(G) Instruction, when necessary or appropriate, for first-aid treatment; (H) The word Poison for any haz-ardous substance which is defined as ‘‘highly toxic’’ by ction 2(h) of the act (restated in paragraph (b)(6) of this ction);
(I) Instructions for handling and stor-age of packages which require special care in handling or storage; and
(J) The statement (1) ‘‘Keep out of the reach of children’’ or its practical equivalent, or, (2) if the article is in-tended for u by children and is not a banned hazardous substance, adequate directions for the protection of chil-dren from the hazard; and
(ii) On which any statements re-quired under ction 2(p)(1) of the act (restated in paragraph (b)(14)(i) of this ction) are located prominently and are in the English language in con-spicuous and legible type in contrast by typography, layout, or color with other printed matter on the label. Misbranded hazardous substance also means a houhold substance as de-fined in ction 2(2)(D) of the Poison Prevention Packaging Act of 1970 if it is a substance described in ction 2(f)(1) of the Federal Hazardous Sub-stances Act (restated in paragraph (b)(4)(i)(A) of this ction) and its pack-aging or labeling is in violation of an applicable regulation issued pursuant to ction 3 or 4 of the Poison Preven-tion Packaging Act of 1970.
(15)(i) Banned hazardous substance means:
(A) Any toy, or other article intended for u by children, which is a haz-ardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted; or
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(B) Any hazardous substance in-tended, or packaged in a form suitable, for u in the houhold, which the Commission by regulation classifies as a ‘‘banned hazardous substance’’ on the basis of a finding that, notwith-standing such cautionary labeling as is or may be required under the act for that
substance, the degree or nature of the hazard involved in the prence or u of such substance in houholds is such that the objective of the protec-tion of the public health and safety can be adequately rved only by keeping such substance, when so intended or packaged, out of the channels of inter-state commerce; Provided, That the Commission by regulation (1) shall ex-empt from ction 2(q)(1)(A) of the act (restated in paragraph (b)(15)(i)(A) of this ction) articles, such as chem-istry ts, which by reason of their
Consumer Product Safety Commission §1500.3
functional purpo require the inclu-sion of the hazardous substance in-volved, or necessarily prent an elec-trical, mechanical, or thermal hazard, and which bear labeling giving ade-quate directions and warnings for safe u and are intended for u by chil-dren who have attained sufficient ma-turity, and may reasonably be ex-pected, to read and heed such direc-tions and warnings, and (2) shall ex-empt from ction 2(q)(1)(A) of the act (restated in paragraph (b)(15)(i)(A) of this ction), and provide for the label-ing of, common fireworks (including toy paper caps, cone fountains, cyl-inder fountains, whistles without re-port, and sparklers) to the extent that the Commission determines that such articles can be adequately labeled to protect the purchars and urs there-of.
(ii) Proceedings for the issuance, amendment, or repeal of regulations pursuant to ction 2(q)(1)(B) of the act (restated in paragraph (b)(15)(i)(B) of this ction) shall be governed by the provisions of ction 701 (e), (f), and (g) of the Federal Food, Drug, and Cos-metic Act: Provided, That if the Com-mission finds that the distribution for houhold u of the hazardous sub-stance involved prents an imminent hazard to the public health, the Com-mission may by order published in the F EDERAL R EGISTER give notice of such finding, and thereupon such substance when intended or offered for houhold u, or when so packaged as to be suit-able for such u, shall be deemed to be a ‘‘banned hazardous substance’’ pend-ing the completion of proceedings re-lating to the issuance of such regula-tions.
(16) ‘‘Electrical hazard’’—an article may be determined to prent an elec-trical hazard if, in normal u or when subjected to reasonably foreeable damage or abu, its design or manu-facture may cau personal injury or illness by electric shock.
(17) ‘‘Mechanical hazard’’—an article may be determined to prent a me-chanical hazard if, in normal u or when subjected to reasonably foree-able damage or abu, its design or manufacture prents an unreasonable risk of personal injury or illness:
(i) From fracture, fragmentation, or disasmbly of the article;
(ii) From propulsion of the article (or any part or accessory thereof);
(iii) From points or other protru-sions, surfaces, edges, openings, or clo-sures;
(iv) From moving parts;
(v) From lack or insufficiency of con-trols to reduce or stop motion;
(vi) As a result of lf-adhering char-acteristics of the article;
(vii) Becau the article (or any part or accessory thereof) may be aspirated or ingested;
三分球投篮技巧(viii) Becau of instability; or
(ix) Becau of any other aspect of the article’s design or manufacture. (18) ‘‘Thermal hazard’’—an article may be determined to prent a ther-mal hazard if, in normal u or when subjected to reasonably foreeable damage or abu, its design or manu-facture prents an unreasonable risk of personal injury or illness becau of heat as from heated parts, substances, or surfaces.
(c) Certain statutory definitions inter-preted, supplemented, or provided with al-ternatives. The followi
ng items inter-pret, supplement, or provide alter-natives to definitions t forth in c-tion 2 of the act (and restated in para-graph (b) of this ction):
(1) To provide flexibility as to the number of animals tested, the fol-lowing is an alternative to the defini-tion of ‘‘highly toxic’’ in ction 2(h) of the act (and paragraph (b)(6) of this ction); Highly toxic means:
(i) A substance determined by the Commission to be highly toxic on the basis of human experience; and/or
(ii) A substance that produces death within 14 days in half or more than half of a group of:
(A) White rats (each weighing be-tween 200 and 300 grams) when a single do of 50 milligrams or less per kilo-gram of body weight is administered orally;
(B) White rats (each weighing be-tween 200 and 300 grams) when a con-centration of 200 parts per million by volume or less of gas or vapor, or 2 mil-ligrams per liter by volume or less of mist or dust, is inhaled continuously for 1 hour or less, if such concentration is likely to be encountered by man
16 CFR Ch. II (1–1–09 Edition) §1500.3
when the substance is ud in any rea-sonably foreeable manner; and/or
(C) Rabbits (each weighing between
2.3 and
3.0 kilograms) when a dosage of 200 milligrams or less per kilogram of body weight is administered by contin-uous contact with the bare skin for 24 hours or less by the method described in §1500.40.
The number of animals tested shall be sufficient to give a statistically signifi-cant result and shall be in conformity with good pharmacological practices. (2) To give specificity to the defini-tion of ‘‘toxic’’ in ction 2(g) of the act (and restated in paragraph (b)(5) of this ction), the following supple-ments that definition. The following categories are not intended to be inclu-sive.
(i) Acute toxicity. Toxic means any substance that produces death within 14 days in half or more than half of a group of:
(A) White rats (each weighing be-tween 200 and 300 grams) when a single do of from 50 milligrams to 5 grams per kilogram of body weight is admin-istered orally. Substances falling in the toxicity range between 500 milligrams and 5 grams per kilogram of body weight will be considered fo
r exemp-tion from some or all of the labeling requirements of the act, under §1500.82, upon a showing that such labeling is not needed becau of the physical form of the substances (solid, a thick plastic, emulsion, etc.), the size or clo-sure of the container, human experi-ence with the article, or any other rel-evant factors;
(B) White rats (each weighing be-tween 200 and 300 grams) when an at-mospheric concentration of more than 200 parts per million but not more than 20,000 parts per million by volume of gas or vapor, or more than 2 but not more than 200 milligrams per liter by volume of mist or dust, is inhaled con-tinuously for 1 hour or less, if such concentration is likely to be encoun-tered by man when the substance is ud in any reasonably foreeable manner: and/or
(C) Rabbits (each weighing between
2.3 and
3.0 kilograms) when a dosage of more than 200 milligrams but not more than 2 grams per kilogram of body weight is administered by continuous contact with the bare skin for 24 hours by the method described in §1500.40.
The number of animals tested shall be sufficient to give a statistically signifi-cant result and shall be in conformity with good pharmacological practices. ‘‘Toxic’’ also applies to any substance that is ‘‘toxic’’ (but not ‘‘highly toxic’’) on the basis of human experience.
(ii) Chronic toxicity. A substance is toxic becau it prents a chronic haz-ard if it falls into one of the following categories. (For additional information e the chronic toxicity guidelines at
情劫一般几年16 CFR 1500.135.)
(A) For Carcinogens. A substance is toxic if it is or contains a known or probable human carcinogen.
(B) For Neurotoxicological Toxicants. A substance is toxic if it is or contains a known or probable human neurotoxin. (C) For Developmental or Reproductive Toxicants. A substance is toxic if it is or contains a known or probable human developmental or reproductive toxicant.
(3) The definition of corrosive in c-tion 2(i) of the act (restated in para-graph (b)(7) of this ction) is inter-preted to also mean the following: Cor-rosive means a substance that caus visible destruction or irreversible al-terations in the tissue at the site of contact. A test for a corrosive sub-stance is whether, by human experi-ence, such tissue destruction occurs at the site of application. A
substance would be considered corrosive to the skin if, when tested on the intact skin of the albino rabbit by the technique described in §1500.41, the structure of the tissue at the site of contact is de-stroyed or changed irreversibly in 24 hours or less. Other appropriate tests should be applied when contact of the substance with other than skin tissue is being considered.
(4) The definition of irritant in ction 2(j) of the act (restated in paragraph (b)(8) of this ction) is supplemented by the following: Irritant includes ‘‘pri-mary irritant to the skin’’ as well as substances irritant to the eye or to mucous membranes. Primary irritant means a substance that is not corrosive and that human experience data indi-cate is a primary irritant and/or means a substance that results in an empir-ical score of five or more when tested
