§ 25-5-502 — Definitions

As used in this part 5, unless the context otherwise
requires:

(1) Banned hazardous substance means:

(a) (I) Any toy, or other article intended for use by children, which is a
hazardous 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.

(II) The department shall exempt by regulation articles, such as chemical
sets, which by reason of their 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 such directions and
warnings. Proceedings for the issuance, amendment, or repeal of exemption
regulations shall be governed by the provisions of section 25-5-508.

(b) Any hazardous substance intended, or packaged in a form suitable, for
use in the household which the department by regulation classifies as a banned
hazardous substance on the basis of a finding that, notwithstanding such
cautionary labeling as is or may be required under this article for that substance,
the degree or nature of the hazard involved in the presence or use of such
substance in households is such that the objective of the protection of the public
health and safety can be adequately served only by keeping such substance, when
so intended or packaged, out of the channels of commerce.

(2) Combustible means any substance which has a flash point above eighty
degrees Fahrenheit to and including one hundred and fifty degrees, as determined
by the Tagliabue open cup tester. This definition shall not apply to the flammability
or combustibility of solids and of the contents of self-pressurized containers which
shall be determined by methods generally applicable to such materials or
containers and established by regulations issued by the department.

(3) Commerce means any and all commerce within the state of Colorado,
and subject to the jurisdiction thereof, and includes the operation of any business or
service establishment.

(4) Corrosive substance means any substance which, in contact with living
tissue, will cause destruction of tissue by chemical action but shall not refer to
action on inanimate surfaces.

(5) Department means the department of public health and environment.

(6) Electrical hazard means an article, the design or manufacture of which,
in normal use or when subjected to reasonably foreseeable damage or abuse, may
cause personal injury or illness by electric shock.

(7) Executive director means the executive director of the department of
public health and environment.

(8) Extremely flammable substance is a substance which has a flash point
at or below twenty degrees Fahrenheit as determined by the Tagliabue open cup
tester. This definition shall not apply to the flammability or combustibility of solids
and of the contents of self-pressurized containers which shall be determined by
methods generally applicable to such materials or containers and established by
regulations issued by the department.

(9) Flammable substance is a substance which has a flash point above
twenty degrees Fahrenheit to and including eighty degrees Fahrenheit as
determined by the Tagliabue open cup tester. This definition shall not apply to the
flammability or combustibility of solids and of the contents of self-pressurized
containers which shall be determined by the methods generally applicable to such
materials or containers and established by regulation issued by the department.

(10) (a) Hazardous substance means 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 other means, if such
substance or mixture of substances may cause substantial personal injury or
substantial illness during or as a proximate result of any customary or reasonably
foreseeable handling or use, including reasonably foreseeable ingestion by
children.

(b) Hazardous substance also means:

(I) Any substances which the department by regulation finds, pursuant to the
provisions of section 25-5-508, meet the requirements of paragraph (a) of this
subsection (10);

(II) Any radioactive substance, if, with respect to such substance as used in a
particular class of article or as packaged, the department determines by regulation
that the substance is sufficiently hazardous to require labeling in accordance with
this article in order to protect the public health;

(III) Any toy or other article intended for use by children which the
department by regulation determines, in accordance with section 25-5-508,
presents an electrical, mechanical, or thermal hazard.

(c) The term hazardous substance shall not apply to an economic poison
subject to regulation by the federal government; to a substance regulated by the
Pesticide Act; to food, drugs, and cosmetics subject to regulation by the federal
government or the Colorado Food and Drug Act; or to anhydrous ammonia as an
agricultural fertilizer as regulated by article 13 of title 35, C.R.S. Hazardous
substance shall not include a substance intended for use as fuels when stored in
containers and used in the heating, cooking, or refrigeration system of a house or
any source material, special nuclear material, or byproduct material as defined in
the federal Atomic Energy Act of 1954, as amended, and regulations issued
pursuant thereto by the atomic energy commission.

(11) (a) Highly toxic means any substance which falls within any of the
following categories:

(I) Produces death within fourteen days in one-half or more than one-half of
a group of ten or more laboratory white rats each weighing between two hundred
and three hundred grams, at a single dose of fifty milligrams or less per kilogram of
body weight, when orally administered; or

(II) Produces death within fourteen days in one-half or more than one-half of
a group of ten or more laboratory white rats each weighing between two hundred
and three hundred grams when inhaled continuously for a period of one hour or less
at an atmospheric concentration of two hundred 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 man when the substance
is used in any reasonably foreseeable manner; or

(III) Produces death within fourteen days in one-half or more than one-half of
a group of ten or more rabbits tested in a dosage of two hundred milligrams or less
per kilogram of body weight when administered by continuous contact with the
bare skin for twenty-four hours or less.

(b) If the department finds that available data on human experience with any
substance indicate results different from those obtained on animals in the above-named dosages or concentrations, the human data shall take precedence.

(12) Irritant means any substance not corrosive within the meaning of
subsection (4) of this section which on immediate, prolonged, or repeated contact
with normal living tissue will induce a local inflammatory reaction.

(13) Label means a display of written, printed, or graphic matter upon the
immediate container (not including package liners) of any substance or, in the case
of an article which 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 upon the article involved or upon a tag or other suitable material affixed
thereto. A requirement made by or under authority of this part 5 that any word,
statement, or other information appear 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 there be, 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.

(14) Mechanical hazard means an article, the design or manufacture of
which, in normal use or when subjected to reasonably foreseeable damage or
abuse, presents an unreasonable risk of personal injury or illness from fracture,
fragmentation, or disassembly of the article; from propulsion of the article or any
part or accessory thereof; from points or other protrusions, surfaces, edges,
openings, or closures of the article; from moving parts of the article; from lack or
insufficiency of controls to reduce or stop the motion of the article; as a result of
self-adhering characteristics of the article; because the article, or any part or
accessory thereof, may be aspirated or ingested; because of the instability of the
article; or because of any other aspect of the article's design or manufacture.

(15) Misbranded hazardous substance means a hazardous substance
(including a toy, or other article intended for use by children, which is a hazardous
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)
intended, or packaged in a form suitable, for use in the household or by children,
which substance, except as otherwise provided by or pursuant to section 25-5-508,
fails to bear a label:

(a) Which states conspicuously:

(I) The name and place of business of the manufacturer, packer, distributor,
or seller;

(II) The common or usual name or the chemical name (if there be no common
or usual name) of the hazardous substance or of each component which contributes
substantially to its hazard, unless the department by regulation permits or requires
the use of a recognized generic name;

(III) The signal word DANGER on substances which are extremely
flammable, corrosive, or highly toxic;

(IV) The signal word WARNING or CAUTION on all other hazardous
substances;

(V) 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;

(VI) Precautionary measures describing the action to be followed or avoided,
except when modified by regulation of the department pursuant to section 25-5-508;

(VII) Instruction, when necessary or appropriate, for first-aid treatment;

(VIII) The word poison for any hazardous substance which is highly toxic;

(IX) Instructions for handling and storage of packages which require special
care in handling or storage; and

(X) The statement Keep out of the reach of children or its practical
equivalent or, if the article is intended for use by children and is not a banned
hazardous substance, adequate directions for the protection of children from the
hazard.

(b) On which any statement required under paragraph (a) of this subsection
(15) is located prominently and is in the English language in conspicuous and legible
type in contrast by typography, layout, or color with other printed matter on the
label.

(16) Person means an individual, partnership, corporation, or association or
its legal representative or agent.

(17) Radioactive substance means a substance which emits ionizing
radiation.

(18) Strong sensitizer means a substance which will cause, on normal living
tissue, through an allergic or photodynamic process, a hypersensitivity which
becomes evident on reapplication of the same substance and which is designated
as such by the department. Before designating any substance as a strong
sensitizer, the department, upon consideration of frequency of occurrence and
severity of the reaction, shall find that the substance has significant potential for
causing hypersensitivity.

(19) Thermal hazard means an article, the design, or manufacture of which,
in normal use or when subjected to reasonably foreseeable damage or abuse,
presents an unreasonable risk of personal injury or illness because of heat, as from
heated parts, substances, or surfaces.

(20) Toxic shall apply to any substance (other than a radioactive
substance) which has the capacity to produce personal injury or illness to man
through ingestion, inhalation, or absorption through any body surface.

Legislative History

Source: L. 73: R&RE, p. 697, � 1. C.R.S. 1963: � 66-21-2. L. 94: (5) and (7) amended, p. 2778, � 484, effective July 1.