P.R. Laws tit. 24, § 2702
For the purposes of this chapter, the words and phrases defined in this section, shall have the following meanings:
(a) Dangerous substance. —
(1) Any substance or mixture of substances having one (1) or more of the following characteristics: toxic, potent sensitizer, corrosive, irritant, combustible, inflammable, or which generates pressure through decomposition, heat or other means, if said substance or mixture of substances were capable of causing bodily injuries or illness as an immediate result of its use or handling, including ingestion by children.
(2) Any substance combining one (1) or more of the characteristics mentioned in clause (1) of this subsection and which the Secretary may determine by regulation.
(3) Any radioactive substance used in any article and which the Secretary may determine by regulation that is a dangerous substance, but which shall not include special nuclear materials regulated by §§ 251—251t of this title.
(4) Every toy or other article, intended to be used by children, which the Secretary may determine by regulation constitutes an electrical, mechanical or thermal risk.
(5) The term dangerous substance shall not apply to economic poisons regulated by §§ 1001—1013 of Title 5, to foods, drugs or cosmetics regulated by special laws; to substances used as fuels for cooking or refrigeration systems; provided, that the substances covered by this subsection are protected in special containers; or to controlled substances as defined in §§ 2101—2607 of this title.
(6) The term dangerous substance shall apply to every article that is not an economic poison as defined in §§ 1001—1013 of Title 5, but which is a dangerous substance containing an economic poison.
(b) Department. — The Department of Health of the Commonwealth of Puerto Rico.
(c) Secretary. — The Secretary of Health of the Commonwealth of Puerto Rico.
(d) Person. — Means a natural or juridical person.
(e) Toxic. — Any substance which may cause injury or illness to a human being by ingestion, inhalation or absorption through any outer part of the body.
(f) Highly toxic. —
(1) Every substance falling into any of the following categories:
(A) That causes death, within a lapse of fourteen (14) days, to half (½) or more than half of a group of ten (10) or more laboratory rats, each one weighing between two hundred (200) and three hundred (300) grams, when given an oral dose of fifty (50) milligrams or less for each kilogram of body weight.
(B) That causes death, within a lapse of fourteen (14) days, to half or more than half of a group of ten (10) or more laboratory rats, each one weighing between two hundred (200) and three hundred (300) grams, when inhaled continuously for a period of one (1) hour or less, in an atmospheric concentration of two hundred (200) parts or less per million in volume of gas or vapor; or two milligrams or less per litre in volume of sprinkling or dust.
(C) That causes death, within a lapse of fourteen (14) days, to half or more than half of a group of ten (10) or more rabbits in the test in which a dose of two hundred (200) milligrams or less per kilogram of body weight is administered to the skin, in a continuous contact for twenty-four (24) hours or less.
(D) Provided, That when the Secretary determines that the information obtained through clinical evidence with human beings is different from that obtained in experiments with animals, in the above-mentioned doses or concentrations, the results or information obtained with human beings shall prevail.
(g) Corrosive. — Any substance which causes destruction to living tissue through chemical action.
(h) Irritant. — Any noncorrosive substance producing a local reaction of inflammation when in direct, prolonged or repeated contact with normal living tissue.
(i) Potent sensitizer. — A substance that through an allergic or photodynamic process causes in the normal living tissue hypersensibility that manifests itself when reapplying the substance and that is thus designated by the Secretary through regulation. Before designating any substance as a potent sensitizer, the seriousness and the frequency of the reaction should be taken into consideration.
(j) Highly inflammable. — Highly inflammable is any substance with an ignition temperature in air of twenty (20) degrees Fahrenheit or less, as the Tagliabue Open Cup Flash Test indicates.
(k) The term inflammable shall apply to any substance with an ignition temperature in air between twenty (20) and eighty (80) degrees Fahrenheit, as the Tagliabue Open Cup Flash Test indicates.
(l) The term combustible shall apply to all substances with an ignition temperature in air of more than eighty (80) degrees Fahrenheit up to and including one hundred fifty (150) degrees as the Tagliabue Open Cup Flash Test indicates.
The inflammability and combustibility of solids and pressure containers can be determined by the Secretary through the methods that he may find applicable thereto and promulgated by regulation which can define the terms inflammable, highly inflammable and combustible for such solids or containers, pursuant to said methods.
(m) Radioactive substance. — A substance which emits ionic radiation.
(n) Label. — The written, printed or graphic information on the immediate container of any substance. For the purposes of any unpacked article or not packed in the immediate container for the ultimate consumer, the term label shall mean the written, printed or graphic information placed on the article, tag or any adequate material attached thereto. Any word or information appearing on the label shall not be considered as complying with the requirements of this chapter unless such word or information also appears:
(1) On the outside wrapping, if any, unless it is legible through the outside wrapping, and
(2) in the literature attached to the product where the instructions for its use are stated.
(ñ) Immediate container. — This term does not include the exterior linings of packages.
(o) Unduly-labeled dangerous substance. — Dangerous substance, including any toy or article made to be used by children or being or containing a dangerous substance, which may be within the reach of children; made or packaged properly for household or child use, and not bearing a label:
(1) Which indicates in a conspicuous form:
(A) The trade name and business address of the manufacturer, packer, distributor or seller.
(B) The common or chemical name; if it should not have a common name, the name of the dangerous substance, or the name of each and every one of the components which contribute to its dangerous condition, unless the Secretary, through regulation, permits or requires the use of the recognized generic name.
(C) The word “Danger” in letters more prominent than those on the rest of the label in those substances that are highly inflammable, corrosive or highly toxic.
(D) The word “Warning” or “Precaution” in letters more prominent than those on the rest of the label in all the other dangerous substances.
(E) Warnings of the danger or the main dangers such as: “inflammable”, “combustible”, “noxious vapor”, “causes burns”, “absorbed through the skin” in letters more prominent than those on the rest of the label.
(F) Measures of precaution advising of the action to be followed or avoided, except when modified through regulation by the Secretary.
(G) First aid instructions.
(H) The word “Poison” in letters more prominent than those on the rest of the label for any substance which is highly toxic.
(I) Instructions for the handling and warehousing of those packages requiring special care.
(J) The warning:
(i) “Keep out of the reach of children” or its equivalent, or
(ii) if the article is made to be used by children and does not consist of a prohibited dangerous substance, adequate instructions for the protection of children against the danger.
Any information contained in the label required in the preceding subparagraph (i) of this paragraph shall be written in Spanish in a conspicuous, prominent, legible type which will differ for its design, location or color from the rest of the material printed on the label.
(p) Prohibited dangerous substance. —
(1) Any toy or other article made to be used by children that is, carries or contains a dangerous substance which is within the reach of the child to whom such article is handed.
(2) Any dangerous substance for household use when classified by the Secretary through regulation as a prohibited substance on the basis of the determination that, in spite of the warning of precaution required or that may be required by this chapter or by regulation for said substance, the grade of danger is such that the protection of public health and security can only be attained by maintaining said substance out of trade. Provided, That the Secretary shall grant exemption from the provisions of this part to those articles which necessarily represent an electrical, mechanical or thermal risk and to those other articles, such as chemical kits, which, on account of their functional purpose, require that the dangerous substance be included, as long as it bears the proper labeling with instructions and warnings for its use without risk and which are intended for use by matured children who are expected to pay attention to such instructions and warnings.
(q) Electrical risk. — Any article shall represent a mechanical risk [sic] if in its normal usage, or when subject to abuse or reasonable foreseeable deterioration, or on account of a defect of design or manufacture, it can cause damage, injury or illness due to an electrical discharge.
(r) Mechanical risk. — Any article shall represent an electrical risk [sic] if in its normal usage, or when subject to abuse or reasonable foreseeable deterioration, or on account of a defect of design or manufacture, it represents a risk of physical harm, injury or illness:
(1) Due to breakage, fragmentation or disassembly of the article;
(2) propelling the article or any of its parts;
(3) protuberances, edges, openings or lockings;
(4) movable parts;
(5) inadequate controls for reducing or stopping motion;
(6) as a result of its adhesion characteristics;
(7) because the article or any part thereof might be inhaled or swallowed;
(8) on account of instability, or
(9) because of other aspects of design or manufacture of the article.
(s) Thermal risk. — Any article shall represent a thermal risk if by its normal usage or when subject to abuse or reasonable foreseeable deterioration or due to the design or construction it represents a risk of physical harm, injury or illness caused by heat.
(t) Ultimate consumer. — Means the person who has obtained a dangerous substance for his own use, including children.
History —July 23, 1974, No. 233, Part 2, p. 207, § 2, eff. 60 days after July 23, 1974.