When used in this article the following terms shall have the following meanings:
(a) Advertisement means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase or use of a hazardous substance.
(b) Art material means any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any medium. The term does not include substances subject to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, or drugs, devices, or cosmetics subject to 24 RCNY Health Code Article 71.
(c) Combustible means having a flashpoint at or above 100 degrees Fahrenheit (37.8 degrees Celsius) to and including 150 degrees Fahrenheit (65.6 degrees Celsius) as determined by the test method described at 16 C.F.R. § 1500.43a or successor regulation.
(d) Corrosive means capable of causing destruction of living tissue by chemical action when placed in contact with such tissue but shall not refer to action on inanimate surfaces.
(e) Electrical hazard means an article that in normal use or when subjected to reasonably foreseeable damage or abuse may cause personal injury or illness by electric shock due to its design or manufacture.
(f) Extremely flammable means that a substance has a flashpoint at or below 20 degrees Fahrenheit (-6.7 degrees Celsius) as determined by the test method described at 16 C.F.R. § 1500.43a, or successor regulation.
(g) Flammable means that a substance has a flashpoint above 20 degrees Fahrenheit (-6.7 degrees Celsius) and below 100 degrees Fahrenheit (37.8 degrees Celsius), as determined by the method described at 16 C.F.R. § 1500.43a or successor regulation.
(h) Flashpoint means the lowest temperature of a product at standard conditions at which the product's vapors will ignite momentarily when subjected to a flame. Flashpoint temperatures shall be determined pursuant to the procedures set forth in 16 C.F.R. § 1500.43a or successor regulations.
(i) Hazardous substance means:
(1) Any substance or mixture of substances that is combustible, corrosive, extremely flammable, flammable, highly toxic, an irritant, a strong sensitizer, toxic, or generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause or has caused substantial personal injury, including developmental delay or cognitive impairment, or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;
(2) Any substance that the Federal Consumer Product Safety Commission determines is hazardous;
(3) Any radioactive substance if, with respect to such substance as used in a particular class of article or as packaged the Federal Consumer Product Safety Commission determines by regulation that the substance is sufficiently hazardous to require labeling to protect the public health;
(4) Any toy or other article which the Federal Consumer Product Safety Commission or the Commissioner determines presents an electrical hazard, mechanical hazard, or thermal hazard; and
(5) Any substance or product that contains a concentration or amount of lead that may cause or has caused substantial personal injury, including developmental delay or cognitive impairment, or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children. Such products include, but are not limited to:
(A) Jewelry that is found to contain more than 100 parts per million of total lead content in accessible parts or a concentration of lead greater than 0.009 percent (90 parts per million) in paint or any similar surface coatings; and
(B) Ceramic ware that is not suitable for use with foods because it leaches significant quantities of lead from potential food contact surfaces, as described by U.S. Food and Drug Administration Compliance Policy Guide Sections 545.450 and 545.500. The lead leaching limits for acceptable ceramic ware for use with foods is:
Product | Micrograms per milliliter limit |
Product | Micrograms per milliliter limit |
Ceramic ware: | |
Flatware (average of 6 units) | 3.0 |
Small hollowware other than cups and mugs (any 1 of 6 units) | 2.0 |
Large hollowware other than pitchers (any 1 of 6 units) | 1.0 |
Cups and mugs (any 1 of 6 units) | 0.5 |
Pitchers (any 1 of 6 units) | 0.5 |
Silver-plated hollow ware: | |
Product intended for use by adults (average of 6 units) | 7 |
Product intended for use by infants and children (any 1 of 6 units) | 0.5 |
(6) Hazardous substance shall not mean pesticides subject to the Federal Insecticide, Fungicide, and Rodenticide Act or State Environmental Conservation Law; substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house; and source material, special nuclear material, or byproduct materials defined and regulated in applicable federal, state and local law.
(j) Highly toxic means any substance which falls within the definition or description set forth in 16 C.F.R. § 1500.3 or successor regulation. If, pursuant to 16 C.F.R. § 1500.4 or successor regulation, available data on human experience with any substance indicates results different from those obtained on animals in the dosages and concentrations specified, human data shall take precedence.
(k) Human experience or data shall mean a report or evidence of exposure of one or more persons to a hazardous substance resulting in an adverse effect.
(l) Irritant means a substance that is not corrosive which on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction.
(m) Label or labeling means a display of written, printed, or graphic matter upon the immediate container of any hazardous substance or, in the cases of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto. A requirement of federal, State or local law that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears (i) on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and (ii) on all accompanying literature where there are directions for use, written or otherwise.
(n) Mechanical hazard means an article that in normal use or when subjected to reasonably foreseeable damage or abuse presents an unreasonable risk of personal injury or illness due to its design or manufacture:
(1) From fracture, fragmentation, or disassembly of the article;
(2) From propulsion of the article (or any part or accessory thereof);
(3) From points or other protrusions, surfaces, edges, openings, or closures;
(4) From moving parts;
(5) From lack or insufficiency of controls to reduce or stop motion;
(6) As a result of self-adhering characteristics of the article;
(7) Because the article (or any part or accessory thereof) may be aspirated or ingested; (8) Because of instability; or
(9) Because of any other aspect of the article's design or manufacture.
(o) Strong sensitizer means a substance that will cause a hypersensitivity-type reaction through an immunologically-mediated (allergic) response, including allergic photosensitivity, which offers a significant potential for causing injury and where the allergic reaction typically becomes evident upon reexposure to the same substance.
(p) Thermal hazard means an article or thing that in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces due to its design or manufacture.
(q) Toxic means a substance, other than a radioactive substance, that
(1) Has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface or any substance deemed to be toxic pursuant to the procedures as set forth in 16 C.F.R. § 1500.3 or successor regulation;.
(2) Is toxic (but not highly toxic) on the basis of human experience; or
(3) Presents a chronic hazard, if it is or contains a known or probable:
(A) Human carcinogen;
(B) Human neurotoxin; or
(C) Human developmental or reproductive toxicant.
(Amended City Record 6/19/2019, eff. 7/19/2019)