OAR 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 (Standards for labeling of hazardous substances) 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 (Standards for labeling of hazardous substances):

(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.

Source: Rule 333-016-0065 — Products Requiring Special Labeling Under ORS 453.055(2), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-0065.

333–016–0005
Definitions 333–016–0010
Human Experience with Hazardous Substances 333–016–0015
Hazardous Mixtures 333–016–0020
Testing Procedures for Hazardous Substances 333–016–0025
Method of Testing Primary Irritant Substances 333–016–0030
Test for Eye Irritants 333–016–0035
Tentative Method of Test for Flashpoint of Volatile Flammable Materials by Tagliabue Open-Cup Apparatus 333–016–0040
Method for Determining Extremely Flammable and Flammable Solids 333–016–0045
Method for Determining Extremely Flammable and Flammable Contents of Self-Pressurized Containers 333–016–0050
Method for Determining Flashpoint of Extremely Flammable Contents of Self-Pressurized Containers 333–016–0055
Method for Determining the Sound Pressure Level Produced by Toy Caps 333–016–0056
Test Methods for Simulating Use and Abuse, Toys, Games, and Other Articles Intended for Use by Children 333–016–0057
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children 18 Months of Age or Less 333–016–0058
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children Over 18 But not Over 36 Months of Age 333–016–0059
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children Over 36 But Not Over 96 Months of Age 333–016–0060
Products Declared to be Hazardous Substances Under ORS 453.055(1) 333–016–0065
Products Requiring Special Labeling Under ORS 453.055(2) 333–016–0070
Labeling of Fire Extinguishers 333–016–0075
Banned Hazardous Substances 333–016–0077
Pointed Objects in Food Items of Particular Appeal to Children 333–016–0080
Toys and Other Articles Intended for Use by Children 333–016–0082
Repurchase of Banned Hazardous Substances 333–016–0085
Exemptions for Foods, Drugs, Cosmetics, and Fuels 333–016–0090
Exemption from Full Labeling and Other Requirements 333–016–0095
Exemptions for Small Packages, Minor Hazards, and Special Circumstances 333–016–0100
Exemption for Unlabeled Containers 333–016–0105
Exemptions from Classification as Banned Hazardous Substances 333–016–0110
Labeling of Toys, Including Games 333–016–0115
Labeling Requirements, Placement, Conspicuousness, Contrast 333–016–0120
Deceptive Use of Disclaimers 333–016–0125
Condensation of Label Information 333–016–0130
Labeling Requirements for Accompanying Literature 333–016–0135
Substances Determined to be “Special Hazards” (e.g., to children) 333–016–0140
Substances with Multiple Hazards or Other Special Hazards 333–016–0145
For the Following Substances and at the Following Concentrations, the Word “Poison” Is Necessary Instead of Any Signal Word 333–016–0150
Self-Pressurized Containers 333–016–0155
Methyl Alcohol-Base Radiator Antifreeze 333–016–0160
Ethylene Glycol-Base Radiator Antifreeze 333–016–0165
Extremely Flammable Contact Adhesives 333–016–0170
Procedural Rules 333–016–0175
Prohibited Acts and Penalties 333–016–0180
Guaranty 333–016–0185
Examinations and Investigations 333–016–0190
“Administrator” Intended to Include “State Public Health Officer” 333–016–2001
Toxic Free Kids Program 333–016–2010
Definitions 333–016–2020
Chemicals of High Concern to Children 333–016–2030
Modifications to the List of High Priority Chemicals of Concern for Children’s Health 333–016–2035
Manufacturer Disclosure of High Priority Chemicals of Concern for Children’s Health Used in Children’s Products: Practical Quantification Limits 333–016–2060
Notification Requirements 333–016–2065
Formal Communications Regarding Toxic Free Kids 333–016–2070
Exemptions from Notice Requirement 333–016–2080
Fees 333–016–3010
Removal or Substitution of High Priority Chemicals 333–016–3015
Exemptions from Removal or Substitution Requirements 333–016–3020
Requirements for Chemical Substitution 333–016–3030
Hazard Assessment for Substitute Chemicals 333–016–3040
Waiver from Removal or Substitution Requirement 333–016–3050
Quantitative Exposure Assessment 333–016–3060
Alternatives Assessment 333–016–3070
Trade Secrets 333–016–3080
Enforcement and Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-016-0065’s source at or​.us