Okla. Stat. tit. 63, § 63-1-1601

For the purposes of this article:

(a) The term "hazardous substance" means:

(1) a. any substance or mixture of substances intended or

suitable for household use which (1) is toxic, (2) is corrosive, (3)

is an irritant, (4) is a strong sensitizer, (5) is flammable, or (6)

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 substances which the State Board of Health by regulation

finds, pursuant to the provisions of Section 1602(a), meet the

requirements of subparagraph 1.a. of this paragraph.

c. any radioactive substance, if, with respect to such

substance as used in a particular class of article or as packaged,

the Board determines by regulation that the substance is

sufficiently hazardous to require labeling in accordance with this

article in order to protect the public health.

(2) The term "hazardous substance" shall not apply (1) to

economic poisons subject to the provisions of 2 O.S.1961, Section 3-

63; (2) to foods subject to the provisions of Article 11 of this

Code; (3) to drugs and cosmetics subject to the provisions of

Article 14 of this Code; (4) to substances intended for use as fuels

when stored in containers and used in heating, cooking, or

refrigeration system of a house.

(3) The term "hazardous substance" shall not include any source

material, special nuclear material, or by-product material as

defined in the Act of Congress known as the Atomic Energy Act of

1954, as amended, and regulations issued pursuant thereto by the

Atomic Energy Commission.

(b) The term "toxic" shall apply to 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.

(c) (1) The term "highly toxic" means any substance which falls

within any of the following categories: a. produces death within

Oklahoma Statutes - Title 63. Public Health and Safety Page 642

fourteen (14) days in half or more than half of a group of ten or

more laboratory white rats each weighing between two hundred (200)

and three hundred (300) grams, at a single dose of fifty (50)

milligrams or less per kilogram of body weight, when orally

administered; or b. produces death within fourteen (14) days in

half or more than half of a group of ten or more laboratory white

rats each weighing between two hundred (200) and three hundred (300)

grams, when inhaled continuously for a period of one (1) hour or

less at an atmospheric concentration of two hundred (200) parts per

million by volume or less of gas or vapor or two (2) milligrams per

liter by volume or less of mist or dust, provided such concentration

is likely to be encountered by man when the substance is used in any

reasonably foreseeable manner; or c. produces death within fourteen

(14) days in half or more than half of a group of ten or more

rabbits tested in a dosage of two hundred (200) milligrams or less

per kilogram of body weight, when administered by continuous contact

with the bare skin for twenty-four (24) hours or less.

(2) If the Board finds that available data on human experience

with any substance indicates results different from those obtained

on animals in the above-named dosages or concentrations, the human

data shall take precedence.

(d) The term "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.

(e) The term "irritant" means any substance not corrosive within

the meaning of the preceding subparagraph which on immediate,

prolonged, or repeated contact with normal living tissue will induce

a local inflammatory reaction.
sive" 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.

(e) The term "irritant" means any substance not corrosive within

the meaning of the preceding subparagraph which on immediate,

prolonged, or repeated contact with normal living tissue will induce

a local inflammatory reaction.

(f) The term "strong sensitizer" means a substance which will

cause on normal living tissue through an allergic or photodynamic

process a hypersensitivity which becomes evident on reapplication of

the same substance and which is designated as such by the Board.

Before designating any substance as a strong sensitizer, the Board,

upon consideration of the frequency of occurrence and severity of

the reaction, shall find that the substance has a significant

potential for causing hypersensitivity.

(g) The term "extremely flammable" shall apply to any substance

which has a flash point at or below twenty degrees Fahrenheit (20F.)

as determined by the Tagliabue Open Cup Tester, and the term

"flammable" shall apply to any substance which has a flash point of

above twenty degrees (20) to and including eighty (80) (80F.)

degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester;

except that the flammability of solids and of the contents of self-

pressurized containers shall be determined by methods found by the

Board to be generally applicable to such materials or containers,

respectively, and established by regulations issued by the Board,

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which regulations shall also define the terms "flammable" and

"extremely flammable" in accord with such methods.

(h) The term "radioactive substance" means a substance which

emits ionizing radiation.

(i) The term "label" means a display of written, printed, or

graphic matter upon the immediate container of any substance; and a

requirement made by or under authority of this article that any

word, statement, or other information appearing on the label shall

not be considered to be complied with unless such word, statement,

or other information also appears (1) on the outside container or

wrapper, if any there be, unless it is easily legible through the

outside container or wrapper, and (2) on all accompanying literature

where there are directions for use, written or otherwise.

(j) The term "immediate container" does not include package

liners.

(k) The term "misbranded package" or "misbranded package of a

hazardous substance" means a hazardous substance in a container

intended or suitable for household use which, except as otherwise

provided by or pursuant to Section 1602, fails to bear a label:

(1) 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 Board by

regulation permits or requires the use of a recognized 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 descriptive of the hazard; (f) precautionary measures

describing the action to be followed or avoided, except when

modified by regulation of the Board pursuant to Section 1602; (g)

instruction, when necessary or appropriate, for first aid treatment;
statement of the principal hazard or hazards, such as "Flammable,"

"Vapor Harmful," "Causes Burns," "Absorbed Through Skin," or similar

wording descriptive of the hazard; (f) precautionary measures

describing the action to be followed or avoided, except when

modified by regulation of the Board pursuant to Section 1602; (g)

instruction, when necessary or appropriate, for first aid treatment;

(h) the word "Poison" for any hazardous substance which is defined

as "Highly Toxic" by subsection (c) (1); (i) instructions for

handling and storage of packages which require special care in

handling or storage; and (j) the statement "Keep out of the reach of

children" or its practical equivalent, and

(2) On which any statements required under subparagraph (1) of

this paragraph are located prominently and are in the English

language in conspicuous and legible type in contrast by typography,

layout, or color with other printed matter on the label.