170 



(c) Expenses In connection with refused 

 articles. 

 1274. Repurchase of banned hazardous substances; pro- 

 cedure; definitions. 



§1261. Definitions. 

 For the purposes of this chapter — 



<c) The term "Department" means the Deiiart- 

 ment of Health, Education, and Welfare. 



(di The term "Secretary" means the Secretary of 

 Health. Education, and Welfare. 



(e) The term "person" includes an individual, 

 partnership, corporation, and association. 



(f) The term "hazardous substance" means: 



(1) (A) Any substance or mixture of substances 

 whicli (i) is toxic, (ii) Is corrosive, (Hi) is an Irri- 

 tant, (iv) is a strong sensitizer, (v) Is flammable 

 or combustible, or (vi) generates pressure through 

 decomposition, heat, or other means, if such sub- 

 stances or mixture of substances may cause sub- 

 stantial personal injury or substantial illness dur- 

 ing or as a proximate result of any customary or 

 reasonably foreseeable handling or use, including 

 reasonably foreseeable ingestion by children. 



(B) Any substances which the Secretary by 

 regulation finds, pursuant to the provisions of sec- 

 tion 1262(ai of this title, meet the requirements 

 of subparagraph (1)(A) of this paragraph. 



'C) Any radioactive substance, if, with resp>ect 

 to such substance as used in a particular class of 

 article or as packaged, the Secretary determines 

 by regulation that the substance is sufficiently 

 hazardous to require labeling in accordance with 

 this chapter in order to protect the public health. 

 (D) Any toy or other article intended for use by 

 children which the Secretary by regulation deter- 

 mines, in accordance with section 1262'e) of this 

 title, presents an electrical, mechanical, or thermal 

 hazard. 



(2 1 The term "hazardous substance" shall not 

 apply to pesticides subject to the Federal Insec- 

 ticide, FMngicide, and Rodenticide Act, nor to 

 foods, drugs and cosmetics subject to the Federal 

 Food, Drug, and Cosmetic Act, nor to substances 

 intended for use as fuels when stored In contain- 

 ers and used in the heating, cooking, or refrigera- 

 tion system of a house, nor to tobacco and tobacco 

 products, but such term shall apply to any article 

 which it not itself an economic poison within the 

 meaning of the Federal Insecticide, Fungicide, 

 and Rodenticide Act but which is a hazardous sub- 

 stance within the meaning of paragraph (1) of 

 this subsection by reason of bearing or containing 



such a pesticide. 



'3) The term "hazardous substance" shall not 

 Include any source material, special nuclear mate- 

 rial, or byproduct material as defined in the 

 Atomic Energy Act of 1954. as amended, and regu- 

 lations issued pursuant thereto by the Atomic 

 Energy Commission. 



'g) The term "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. 



<hi(i) The term "highly toxic" means any sub- 

 stance which falls within any of the following cate- 

 gories: (a) Produces death within fourteen days in 

 half or more than 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 (b) produces 

 death within fourteen days in half or more than 

 half of a group of ten or more laboratory white rats 

 each weighing between two hunderd and three hun- 

 dred 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 sub- 

 stance is used in any reasonably forseeable manner; 

 or (c) produces death within fourteen days In half 

 or more than 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. 



(2) If the Secretary finds that available data on 

 human experience with any substance Indicate re- 

 sults different from those obtained on animals In the 

 above-named dosages or concentrations, the human 

 data shall take precedence. 



(1) The term "corrosive" means any substance 

 which in contact with living tissue will cause de- 

 struction of tissue by chemical action; but shall not 

 refer to action on Inanimate surfaces. 



'ji The term "irritant" means any substance not 

 corrosive withm the meaning of subparagraph (1) of 

 this section which on immediate, prolonged, or re- 

 peated contact with normal living tissue will Induce 

 a local inflammatory reaction. 



(k) The term "strong sensitizer" means a sub- 

 stance which will cause on normal living tissue 

 through an allergic or photodynamic process a 

 hypersensitivity which becomes evident on reappU- 

 catlon of the same substance and which is desig- 

 nated as such by the Secretary. Before designating 

 any substance as a strong sensitizer, the Secretary, 

 upon consideration of the frequency of occurrence 

 and severity of the reaction, shall find that the sub- 

 stance has a significant potential for causing hyper- 

 sensitivity. 



(m) The term "radioactive substance" means a 

 substance which emits Ionizing radiation. 



(n)- the term "label" means a display of written, 

 printed, or graphic matter upon the immediate con- 

 tainer of any substance or. In the case of an article 

 which Is unpackaged or is not packaged in an imme- 

 diate container Intended or suitable for delivery to 

 the ultimate consumer, a display of such matter di- 

 rectly upon the article Involved or upon a tag or 

 other suitable material affixed thereto; and a re- 

 quirement made by or under authority of this chap- 

 ter that any word, statement, or other Information 



