New Hampshire Revised Statutes 339-A:3 – Misbranded Package
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The term misbranded hazardous substance means a hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to N.H. Rev. Stat. § 339-A:5, fails to bear a label:
I. Which states conspicuously (a) the name and place of business of the manufacturer, packer, distributor or seller; (b) the common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the commissioner by rule permits or requires the use of a generic name; (c) the signal word “DANGER” on substances which are extremely flammable, corrosive, or highly toxic; (d) the signal word “WARNING” or “Caution” on all other hazardous substances; (e) an affirmative statement of the principal hazard or hazards, such as “Flammable,” “Vapor Harmful,” “Causes Burns,” “Absorbed Through Skin,” or similar wording description of the hazard; (f) precautionary measures describing the action to be followed or avoided, except when modified by rule of the commissioner pursuant to N.H. Rev. Stat. § 339-A:5; (g) instructions, when necessary or appropriate, for first aid treatment; (h) the word “poison” for any hazardous substance which is defined as “highly toxic” by N.H. Rev. Stat. § 339-A:2, IV; (i) instructions for handling and storage of packages which require special care in handling or storage; and (j) the statement “keep out of reach of children” or its practical equivalent, or if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard.
II. On which any statements required under paragraph I of this section are located prominently and are in English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.
I. Which states conspicuously (a) the name and place of business of the manufacturer, packer, distributor or seller; (b) the common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the commissioner by rule permits or requires the use of a generic name; (c) the signal word “DANGER” on substances which are extremely flammable, corrosive, or highly toxic; (d) the signal word “WARNING” or “Caution” on all other hazardous substances; (e) an affirmative statement of the principal hazard or hazards, such as “Flammable,” “Vapor Harmful,” “Causes Burns,” “Absorbed Through Skin,” or similar wording description of the hazard; (f) precautionary measures describing the action to be followed or avoided, except when modified by rule of the commissioner pursuant to N.H. Rev. Stat. § 339-A:5; (g) instructions, when necessary or appropriate, for first aid treatment; (h) the word “poison” for any hazardous substance which is defined as “highly toxic” by N.H. Rev. Stat. § 339-A:2, IV; (i) instructions for handling and storage of packages which require special care in handling or storage; and (j) the statement “keep out of reach of children” or its practical equivalent, or if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard.
Terms Used In New Hampshire Revised Statutes 339-A:3
- commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 339-A:2
- corrosive: means any substance which in contact with living tissue will cause destruction of tissue by chemical action; but shall not refer to action on inanimate surfaces. See New Hampshire Revised Statutes 339-A:2
- hazardous substance: means
(a) Any substance or mixture of substances which is toxic, is corrosive, is an irritant, is a strong sensitizer, is flammable or generates pressure through decomposition, heat, or other means, if such substance or mixture of substances 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;
(b) Any substance which the commissioner by regulation finds, pursuant to the provisions of N. See New Hampshire Revised Statutes 339-A:2 - label: means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the case 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. See New Hampshire Revised Statutes 339-A:2
- toxic: means any substance (other than a radioactive substance) which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface. See New Hampshire Revised Statutes 339-A:2
II. On which any statements required under paragraph I of this section are located prominently and are in English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.