Or. Admin. Code § 333-016-0065

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-016-0065 - Products Requiring Special Labeling Under ORS 453.055(2)

(1) Based on human experience as reported in the scientific literature or to the Poison Control Centers or the National Clearing House for Poison Control Centers, together with opinions of informed medical experts, the Administrator finds that the following substances are hazardous:

(a) Diethylene glycol including mixtures containing ten percent or more by weight of diethylene glycol;

(b) Ethylene glycol, including mixtures containing ten percent or more by weight of ethylene glycol;

(c) Products containing five percent or more, by weight, of benzene (also known as benzol) and products containing ten percent or more, by weight, of toluene (also known as toluol), exylene (also known as xylol), or petroleum distillates such as kerosene, mineral seal oil, naptha, gasoline, mineral spirits, stoddard solvent, and related petroleum distillates;

(d) Methyl alcohol including mixtures containing four percent or more by weight of methyl alcohol;

(e) Turpentine, including gum turpentine, gum spirits of turpentine, steam-distilled wood turpentine, sulfate wood turpentine, and destructively distilled wood turpentine and mixtures containing ten percent or more by weight of such turpentine.

(2) The Administrator also finds that these substances present special hazards and that the labeling required by ORS 453.035 is not adequate for the protection of the public health. The following specific label statements are deemed necessary to supplement the labeling required by ORS 453.035:

(a) Methyl alcohol. Because death and blindness might result from the ingestion of methyl alcohol, the label for this substance (including mixtures) within the percentages specified in subsection (1)(d) of this rule shall include the word "danger", and the additional word "poison", and the skull and crossbones symbol. The statement of hazard shall include "vapor harmful" and "May be fatal or cause blindness if swallowed". The label shall also bear the statement "Cannot be made nonpoisonous";

(b) Benzene, toluene, xylene, petroleum distillates:

(A) Because inhalation of the vapors of products containing five percent or more by weight, of benzene may cause blood dyscrasias, such products shall be labeled with the signal word "danger", the statement of hazard "vapor harmful", and the word "poison", and the skull and crossbones symbol. If the product contains ten percent or more, by weight, of benzene, it shall bear the additional statement of hazard "Harmful or fatal if swallowed" and the additional statements, "If swallowed, do not induce vomiting. Call physician immediately";

(B) Because products containing ten percent or more, by weight, of toluene, xylene, or any of the other substances listed in subsection (1)(c) of this rule may be aspirated into the lungs, with resulting chemical pneumonitis, pneumonia, and pulmonary edema, such products shall be labeled with the signal word "danger", the statement of hazard "Harmful or fatal if swallowed", and the statements,"If swallowed, do not induce vomiting. Call physician immediately";

(C) Because inhalation of the vapor of products containing ten percent or more, by weight, of toluene or xylene may cause systemic injury, such products shall bear the statement of hazard "vapor harmful" in addition to the statements prescribed in paragraph (B) of this subsection.

(c) Ethylene glycol and diethylene glycol. Because these substances (including mixtures) within the percentages specified above are commonly marketed, stored, and used in a manner increasing the possibility of accidental ingestion, the signal word"warning" is specified. In addition, for ethylene glycol the statement "Harmful or fatal if swallowed" and for diethylene glycol the statement "Harmful if swallowed" are required;

(d) Turpentine. Because products containing ten percent or more, by weight, of turpentine, in addition to oral toxicity resulting in systemic poisoning, may be aspirated into the lungs, with resulting chemical pneumonitis, pneumonia, and pulmonary edema, such products shall be labeled with the signal word "danger" and the statement of hazard "Harmful or fatal if swallowed";

(e) Charcoal briquettes and other forms of charcoal in containers for retail sale and intended for cooking or heating:

(A) Because inhalation of the carbon monoxide produced by burning charcoal indoors or in confined areas may cause serious injury or death, containers of such products shall bear the following borderlined statement: WARNING: Do Not Use for Indoor Heating or Cooking Unless Ventilation is Provided for Exhausting Fumes to Outside. Toxic Fumes May Accumulate and Cause Death;

(B) For bags of charcoal the statement specified in paragraph (A) of this subsection shall appear within a heavy borderline in a color sharply contrasting to that of the background, on both front and back panels in the upper 25 percent of the panels of the bag at least two inches below the seam, and at least one inch above any reading material or design elements in type size as follows: The signal word "WARNING" shall appear in capital letters at least three-eights inch in height; the remaining text of the aforementioned warning statement shall be printed in letters at least 3/16-inch in height.

(f) Fluorocarbon propellants. Because sudden death may follow deliberate misuse by inhalation of self-pressurized products containing fluorocarbon propellants, containers of such products shall bear the statement: "WARNING -- USE ONLY AS DIRECTED; intentional misuse by deliberately concentrating and inhaling the contents can be harmful or fatal". This statement shall be in addition to any other required under the Act or these rules.

Or. Admin. Code § 333-016-0065

HD 40, f. 8-2-73, ef. 8-15-73

Stat. Auth.: ORS 453.095

Stats. Implemented: ORS 453.035 & 453.055