2009 California Health and Safety Code - Section 108750-108785 :: Chapter 7. Children's Poison Prevention Packaging Act

HEALTH AND SAFETY CODE
SECTION 108750-108785

108750.  This chapter shall be known and may be cited as the
Children's Poison Protection Act of 1990.

108755.  As used in this chapter:
   (a) "Household" means any product used under any of the following
circumstances:
   (1) Directly on humans or pets.
   (2) In, on, or around any structure, vehicle, article, surface, or
area associated with the household, including, but not limited to,
nonagricultural outbuildings, noncommercial greenhouses, pleasure
boats, and recreational vehicles.
   (3) In or around any preschool or day care facility.
   (b) "Liquid" means a liquid preparation that flows readily in its
natural state at room temperature containing one or more soluble
chemical substances usually dissolved in water or other solvents.
"Solvent" includes, but is not limited to, aqueous acids (acetic,
hydrochloric, and nitric acids) and nonaqueous solutions (spirits,
liniments).
   (c) "Toxic household product" means any substance or mixture of
substances that are customarily produced or distributed for sale for
use in or about the household, or are customarily stored by
individuals in or about the household, and the substance or mixture
of substances have the capacity to produce significant personal
injury or illness to humans when orally ingested in moderate amounts.
   "Toxic household product" shall not include any of the following:
   (1) Products that contain hydrocarbons in which the only known
toxicity is through lung aspiration of minute amounts and not
absorption through the stomach.
   (2) Products that are intended for use in or around the mouth or
are reasonably expected to be used orally or ingested.
   (3) Economic poisons packaged in containers of more than one
gallon liquid or more than 10 pounds dry weight.
   (4) With the exception of products containing 2.5 percent or more
by weight camphor in liquid formulations, any drug, as defined in the
federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.)
and the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with
Section 109875)).
   (5) Products that, immediately upon ingestion, cause severe damage
or irritation to the mouth or tongue, or are fatal upon a single
taste.
   (6) Products packaged in pressurized aerosol containers.
   (7) Products containing ethylene glycol that are described in
paragraphs (7), (9), and (38) of subdivision (a) of Section 1500.83
of Part 1500 of Title 16 of the Code of Federal Regulations.

108760.  (a) Except as provided in subdivision (b), any toxic
household product that contains any substance listed in subdivision
(a) of Section 108765, and manufactured on and after January 1, 1992,
and sold in California, shall include within the product a bittering
agent that is nontoxic, in a concentration so as to render the
product aversively bitter, unless the product is packaged with
child-resistant safety closures in accordance with the federal Poison
Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and
regulations adopted thereunder (16 C.F.R. 1700.1 et seq.).
   (b) Any toxic household product that (1) is required to be
registered with the Environmental Protection Agency under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 135 et
seq.), (2) is formulated for outdoor or food use economic poisons
purposes, and (3) will be reformulated to include a bittering agent,
shall comply with subdivision (a) no later than two years from the
date when the Environmental Protection Agency has approved a
bittering agent for use in outdoor or food use economic poisons.

108765.  (a) Manufacturers of toxic household products that contain
any of the following substances shall comply with Section 108760,
unless the manufacturer documents that there are no signs of toxicity
at an oral dose of five grams of product per kilogram of body
weight, or the product's container, when full, contains a dose less
than that which has previously been documented by the manufacturer to
be nontoxic:
   (1) Acetonitrile.
   (2) Sodium bromate (600 mg or more).
   (3) Potassium bromate (50 mg or more).
   (4) Carbamates (used in insecticide formulations).
   (5) Chlorinated hydrocarbon insecticides and solvents (5 percent
or more by weight).
   (6) Cyanide.
   (7) Diquat.
   (8) Ethylene glycol (10 percent or more by weight).
   (9) Organophosphate insecticides.
   (10) Metaldehyde.
   (11) Methanol (methyl alcohol)(4 percent or more by weight).
   (12) Phenol (10 percent or more by weight).
   (13) Pine oil, in concentrations of 20 percent or more.
   (14) Strychnine formulations.
   (b) Due to the lack of long-term testing results for dermal
exposure of available bittering agents, manufacturers of toxic
household products that contain any of the following substances in
liquid formulations shall, in lieu of complying with Section 108760,
package their products with child-resistant safety closures in
accordance with the federal Poison Prevention Packaging Act of 1970
(15 U.S.C. Sec. 1471 et seq.) and regulations adopted thereunder (16
C.F.R. 1700.1 et seq.):
   (1) Camphor (2.5 percent or more by weight).
   (2) Diethyltoluamide (5 percent or more by weight).
   (3) Ethylhexanediol (5 percent or more by weight).

108770.  (a) It is unlawful for any person to distribute or sell a
toxic household product or cause a toxic household product to be
distributed or sold in this state if it does not meet the
requirements of this chapter.
   (b) The prohibition contained in subdivision (a) shall not apply
to a person engaged in the business of wholesale or retail
distribution of a toxic household product, unless the person is
engaged in the manufacture of the product, or has knowledge that a
toxic household product that he or she is distributing or selling is
in violation of this chapter.
   (c) Nothing in this section shall be construed to exempt a
distributor of a house brand from any provision of this chapter.

108775.  (a) Any person may bring a civil action in a court of
competent jurisdiction to enforce the requirements of this chapter.
The court may grant injunctive relief in any action brought pursuant
to this section.
   (b) Exemplary damages, as provided for in Section 3294 of the
Civil Code, may also be awarded in any action brought pursuant to
this section.
   (c) Whenever the person bringing the action pursuant to this
section is the prevailing party, he or she shall be awarded attorney'
s fees and costs by the court.

108780.  Any person who violates any provision of this chapter shall
be liable for a civil penalty not to exceed five thousand dollars
($5,000) for each day of violation, that shall be assessed and
recovered in a civil action brought in the name of the people of the
State of California by the Attorney General in any court of competent
jurisdiction.

108785.  All civil penalties collected pursuant to Section 108780
shall be deposited in the Children's Poison Protection Act of 1990
Fund, that is hereby created in the State Treasury. Money in the fund
shall be allocated by the Emergency Medical Services Authority, when
appropriated thereto by the Legislature, to the California Regional
Poison Control Centers for the purpose of their poisoning prevention
education programs.


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