Oregon Revised Statutes Chapter 453 § 453.235 — Distribution of material containing toxic substances; warnings required;

Distribution of material containing toxic substances; warnings required; exemptions. (1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person: (a) Has failed to affix a conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects. (b) Has failed to affix a conspicuous label warning of the health-related dangers of the art or craft material. If a product contains: (A) A human carcinogen, the warning shall contain the statement: “CANCER HAZARD! Overexposure may create cancer risk.” (B) A potential human carcinogen and does not contain a human carcinogen, the warning shall contain the statement: “POSSIBLE CANCER HAZARD! Overexposure might create cancer risk.” (C) A toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable: (i) “May cause sterility or damage to reproductive organs.” (ii) “May cause birth defects or harm to developing fetus.” (iii) “May be excreted in human milk causing harm to nursing infant.” (iv) “May cause central nervous system depression or injury.” (v) “May cause numbness or weakness in the extremities.” (vi) “Overexposure may cause damage to (specify organ).” (vii) “Heating above (specify degrees) may cause hazardous decomposition products.” (D) More than one chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement. (c) Has failed to affix on the label a list of ingredients that are toxic substances causing chronic illness. (d) Has failed to affix on the label a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are applicable: (A) “Keep out of reach of children.” (B) “When using, do not eat, drink or smoke.” (C) “Wash hands after use and before eating, drinking or smoking.” (D) “Keep container tightly closed.” (E) “Store in well-ventilated area.” (F) “Avoid contact with skin.” (G) “Wear protective clothing (specify type).” (H) “Wear National Institute of Occupational Safety and Health (NIOSH) certified masks for dusts, mists or fumes.” (I) “Wear NIOSH certified respirator with appropriate cartridge for (specify type).” (J) “Wear NIOSH certified supplied air respirator.” (K) “Use window exhaust fan to remove vapors and ensure adequate ventilation (specify explosion proof if necessary).” (L) “Use local exhaust hood (specify type).” (M) “Do not heat above (specify degrees) without adequate ventilation.” (N) “Do not use or mix with (specify material).” (e) Has failed to affix on the label a statement on where to obtain more information, such as “call your local poison control center for more health information.” (f) Has failed to affix on the label the name and address of the manufacturer. (2)(a) If the information listed in subsection (1)(d) of this section cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as “CAUTION: See package insert before use.” The language on this insert shall be nontechnical and nonpromotional in tone and content. (b) For purposes of this subsection, “package insert” means a display of written, printed or graphic matter upon a leaflet or suitable material accompanying the art supply. (3) The requirements set forth in this section shall not be considered to be complied with unless the required words, statements or other information appear on the outside container or wrapper, or on a package insert that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product. (4) The Oregon Health Authority may exempt a material from full compliance with ORS 453.205 to 453.275. In considering this exemption, the authority shall take into consideration the potential for reasonably foreseeable misuse of a material by a child. (5) If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with the provisions of ORS 453.205 to 453.275, unless the authority determines that the label on an art or craft material does not satisfy the purposes of ORS 453.205 to 453.275. [1985 c.539 §4; 2003 c.14 §277; 2009 c.595 §892]