108675-108680

HEALTH AND SAFETY CODE
SECTION 108675-108680




108675.  This chapter shall be known and may be cited as the
"California Poison Prevention Packaging Act."



108680.  Unless the provisions or the context otherwise requires,
these definitions, rules of construction, and general provisions
shall govern the construction of this chapter. As used in this
chapter:
   (a) "Department" means the State Department of Health.
   (b) "Household substance" means any substance that is customarily
produced or distributed for sale for consumption or use, or
customarily stored by individuals in or about the household and is
one of the following:
   (1) A hazardous substance as that term is defined in Section
108125.
   (2) A food, drug, or cosmetic, as those terms are defined in
Sections 109900, 109925, and 109935, that (A) is toxic, (B) is
corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is
flammable or combustible, or (F) generates pressure through
decomposition, heat, or other means; if it 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.
   (3) A substance intended for use as fuel when stored in a portable
container and used in the heating, cooking, or refrigeration system
of a residential dwelling.
   (c) "Package" means the immediate container or wrapping in which
any household substance is contained for consumption, use, or storage
by individuals in or about the household, and, for purposes of
household substances, also means any outer container or wrapping used
in the retail display of any such substance to consumers.
   "Package" does not include the following:
   (1) Any shipping container or wrapping used solely for the
transportation of any household substance in bulk or in quantity to
manufacturers, packers, or processors, or to wholesale or retail
distributors thereof.
   (2) Any shipping container or outer wrapping used by retailers to
ship or deliver any household substance to consumers unless it is the
only container or wrapping.
   (d) "Special packaging" means packaging that is designed or
constructed to be significantly difficult for children under five
years of age to open or obtain a toxic or harmful amount of the
substance contained therein within a reasonable time and not
difficult for normal adults to use properly, but does not mean
packaging that all such children cannot open or obtain a toxic or
harmful amount of within a reasonable time.
   (e) "Labeling" means all labels and other written, printed, or
graphic matter upon any household substance or its package, or
accompanying the substance.
   (f) "Federal act" means the Poison Prevention Packaging Act of
1970 (15 U.S.C. Sec. 1471 et seq.).