S.C. Code Regs. § § 5-390
Current through Register Vol. 48, No. 10, October 25, 2024
Section 5-390 - Definitions(a) Act. "Act" as used in these regulations means the South Carolina Hazardous Substances Act.(b) Hazardous substances intended or packaged in a form suitable for use in the household. "Hazardous substances intended or packaged in a form suitable for use in the household" means any hazardous substance, whether or not packaged, that under any customary or reasonably foreseen condition of purchase, storage, or use may be brought into or around a house, apartment, or other place where people dwell, or in or around any related building or shed, including but not limited to a garage, carport, barn, or storage shed. The term includes such articles as polishes or cleaners designed primarily for professional use, but that are available in retail stores for nonprofessional use. Also included are such items as antifreeze and radiator cleaners that, although principally for car use, may be stored in or around dwelling places. The term does not include industrial supplies that might be taken into a home by a serviceman. An article labeled as and marketed solely for industrial use does not become subject to this act because of the possibility that an industrial worker may misappropriate a supply for his own use. Size is not the only index of whether the container is "suitable for use in or around the household". The test shall be whether under any reasonably foreseeable condition of purchase, storage, or use the article may be found in or around a dwelling.(c) Prominently and conspicuously. "Prominently" in Section 23-39-20(o)(2) and "conspicuously" in Section 23-39-20(o) (1, 2) means that, under customary conditions of purchase, storage, and use, the required information shall be visible, noticeable, and in clear and legible English. Some factors affecting a warning's prominence or conspicuousness are: Location, size of type, and contrast of printing against background. Also bearing on the effectiveness of a warning might be the effect of the package contents if spilled on the label. Unless impracticable because of the nature of the substance, the label shall be of such construction and finish as to withstand reasonably foreseeable spillage through foreseeable use. (See 5-408).(d) Highly toxic substances. "Highly toxic" is any substance falling within any of the following categories: (1) Any substance that produces death within 14 days in half or more than half of a group of white rats each weighing between 200 grams and 300 grams at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered.(2) Any substance that produces death within 14 days in half or more than half of a group of white rats each weighing between 200 grams and 300 grams when inhaled continuously for a period of 1 hour or less in an atmospheric concentration of 200 parts per million by volume or less of gas or vapor or 2 milligrams per liter by volume or less of mist or dust, provided that such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner.(3) Any substance that produces death within 14 days in half or more than half of a group of rabbits weighing between 2.3 kilograms each and 3.0 kilograms each, 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 by the method described in 5-397. The number of animals tested shall be sufficient to give a statistically significant result and be in conformity with good pharmacological practices.(4) Any substance determined by the Commissioner to be "highly toxic" on the basis of human experience.(e) Toxic substances. "Toxic substances" are any substances falling within any of the following categories. (1) Any substance that produces death within 14 days in one-half of a group of white rats each weighing between 200 grams and 300 grams, at a single dose of more than 50 milligrams per kilogram but not more than 5 grams per kilogram of body weight, when orally administered. Substances falling in the toxicity range between 500 milligrams and 5 grams per kilogram of body weight will be considered for exemption from some or all of the labeling requirements of the act, under 5-405, upon a showing that, because of the physical form of the substances (solid, a thick plastic, emulsion, etc.), the size or closure of the container, human experience with the article, or any other relevant factors, such labeling is not needed.(2) Any substance that produces death within 14 days in one-half of a group of white rats each weighing between 200 grams and 300 grams, when inhaled continuously for a period of 1 hour or less at an atmospheric 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 milligrams but not more than 200 milligrams per liter by volume of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner.(3) Any substance that produces death within 14 days in one-half of a group of rabbits weighing between 2.3 kilograms and 3.0 kilograms each, tested at a dosage of more than 200 milligrams per kilogram of body weight but not more than 2 grams per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours by the method described in 5-397. The number of animals tested shall be sufficient to give statistically significant results and be in conformity with good pharmacological practice.(4) Any substance that is "toxic" (but not "highly toxic") on the basis of human experience.(f) Irritants. The term "irritant" includes "primary irritant to the skin" as well as substances irritant to the eye or to mucous membranes.(1) The term "primary irritant" means a substance that is not corrosive and that the available data of human experience indicate is a primary irritant; or which results in an empirical score of five or more when tested by the method described in 5-398.(2) Eye irritants. A substance is an irritant to the eye mucosa if the available data on human experience indicate that it is an irritant for the eye mucosa, or when tested by the method described in 5-399 shows that there is at any of the readings made at 24, 48, and 72 hours discernable opacity or ulceration of the cornea or inflammation of the iris, or that such substance produces in the conjunctivae (excluding the cornea and iris) a diffuse deep-crimson red with individual vessels not easily discernible, or an obvious swelling with partial eversion of the lids.(g) Corrosive. A "corrosive substance" is one that causes visible destruction or irreversible alterations in the tissue at the site of contact. A test for a corrosive substance is whether, by human experience, 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 5-398, the structure of the tissue at the site of contact is destroyed or changed irreversibly in the 24 hours or less. Other appropriate tests should be applied when contact of the substance with other than skin tissue is being considered.(h) Strong sensitizer. A "strong allergic sensitizer" is a substance that produces an allergenic sensitization in a substantial number of persons who come into contact with it. An allergic sensitization develops by means of an "antibody mechanism" in contradistinction to a primary irritant reaction which does not arise because of the participation of an "antibody mechanism". An allergic reaction ordinarily does not develop on first contact because of necessity of prior exposure to the substance in question. The sensitized tissue exhibits a greatly increased capacity to react to subsequent exposures of the offending agent. Thus, subsequent exposures may produce severe reactions with little correlation to the amount of excitant involved. A "photodynamic sensitizer" is a substance that causes a laceration in the skin or mucous membranes, in general, or to the skin or mucous membrane at the site to which it has been applied, so that when these areas are subsequently exposed to ordinary sunlight or equivalent radiant energy an inflammatory reaction will develop.(i) Extremely Flammable and Flammable Substances.(1) Extremely flammable substances. The term "extremely flammable" means any substance that has a flashpoint at or below 20° F., as determined by the method described in 5-400.(2) Flammable substances. The term "flammable" means any substance that has a flashpoint of above 20° F., to and including 80° F., as determined by the method described in 5-400.(j) Extremely Flammable and Flammable Solids. (1) Extremely flammable solids. A solid substance is "extremely flammable" if it ignites and burns at an ambient temperature of 80° F. or less when subjected to friction, or to percussion, or to an electrical spark.(2) Flammable solids. A solid substance is "flammable" if, when tested by the method described in 5-401, it ignites and burns with a self-sustained flame at a rate greater than 1/10 of an inch per second along its major axis.(k) Extremely Flammable and Flammable Contents of Self-pressurized Containers. (1) Extremely flammable contents. Contents of self-pressurized containers are "extremely flammable" if when tested by the method prescribed in 5-402, flashback (a flame extending back to the dispenser) is obtained at any degree of valve opening and the flashpoint, when tested by the method described in HS 1.16, is less than 20° F.(2) Flammable contents. Contents of self-pressurized containers are "flammable" if when tested by the method described in 5-403, a flame projection exceeding 18 inches is obtained at full valve opening or a flashback (a flame extending back to the dispenser) is obtained at any degree of valve opening.(l) Substances That Generate Pressure. A substance is hazardous because it "generates pressure through decomposition, heat, or other means" if:(1) It explodes when subjected to an electrical spark, or to percussion, or to the flame of a burning paraffin candle for 5 seconds or less; or(2) It expels the closure of its container, or bursts its container in 2 days or less when held at or below 130° F. for 2 days or less; or(3) It erupts from its opened container at a temperature of 130° F. or less, after having been held in the closed container at 130° F. for 2 days.(4) If it comprises the contents of a self-pressurized container.(m) Radioactive Substance. The term "radioactive substance" means a substance which, because of nuclear instability, emits electromagnetic and/or particulate radiation that is capable of producing ions in its passage through matter. Source materials, special nuclear material, and byproduct materials described in Section 23-39-20(e)(3) are exempt.(n) Accompanying Literature. "Accompanying literature" as used in Section 23-39-20(m)(2) means any placard, pamphlet, booklet, book, sign, or other written, printed, or graphic matter or visual device which provides directions for use, written or otherwise, and is used in connection with the display, sale, demonstration, or merchandising of a hazardous substance in a container intended or suitable for household use.(o) Substantial Personal Injury or Illness. This term means any illness or injury of a significant nature. It need not be severe or serious. What is excluded by the word "substantial" is wholly insignificant or negligible injury or illness.(p) Proximate Result. A proximate result is one that follows in the course of events without an unforeseeable, intervening, independent cause.(q) Reasonably Foreseeable Handling or Use. This includes the reasonably foreseeable accidental handling or use, not only by the purchaser or intended user of the product, but by all others in a household, especially children.(r) Banned Hazardous Substance. The term "banned hazardous substance" means: (1) Any toy or other article intended for use by children that is a hazardous substance within the meaning of Section 23-39-20(e)(1) or any regulation in this part, or bears or contains such 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(2) Substances other than those defined in subparagraph (1) of this paragraph that are intended or packaged in a form suitable for use in the household and that the Commissioner finds and classifies by regulation as being so hazardous in nature that the objective of protecting the public health and safety can be adequately served only by keeping such substance when so intended or packaged out of the channels of intrastate commerce.