It is unlawful for any person to distribute, sell or offer for sale within the State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any of the following: [PL 1965, c. 65 (NEW).]
1. Household use. Any hazardous substance intended or suitable for household use, unless there is affixed to the container, a label bearing:
A. The name and address of the manufacturer, packer or distributor; [PL 1965, c. 65 (NEW).]
B. The common or usual name, or the chemical name or the recognized generic name, not trade name only, of the hazardous substance or of each component which contributes substantially to its hazard; [PL 1965, c. 65 (NEW).]
C. One of the following words: “Danger,” “Warning” or “Caution.” The word “Danger” shall be used for substances which are highly toxic, extremely flammable or corrosive. The word “Warning” or “Caution” shall be used on all other hazardous substances; [PL 1965, c. 65 (NEW).]
D. An affirmative statement of the principal hazard, such as “flammable,” “vapor harmful,” “causes burns,” “absorbed through skin,” or similar wording descriptive of the hazard; [PL 1965, c. 65 (NEW).]
E. Precautionary measures describing the action to be followed or avoided; [PL 1965, c. 65 (NEW).]
F. Instructions, when necessary, for the first aid treatment in case of contact or exposure, if the substance is hazardous through contact or exposure; [PL 1965, c. 65 (NEW).]
G. Instructions for handling and storage of packages which require special care in handling or storage; [PL 1965, c. 65 (NEW).]
H. A statement, “Keep out of reach of children,” or its practical equivalent; [PL 1965, c. 65 (NEW).]
I. The word “Poison” for any hazardous substance which is highly toxic; and [PL 1965, c. 65 (NEW).]
J. A hazardous substance upon which a stop-sale order has been placed by the commissioner. [PL 1965, c. 65 (NEW).]

[PL 1965, c. 65 (NEW).]

Terms Used In Maine Revised Statutes Title 7 Sec. 507

  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry and the commissioner's agents. See Maine Revised Statutes Title 7 Sec. 502
  • Corrosive: means any substance which in contact with living tissue causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces. See Maine Revised Statutes Title 7 Sec. 502
  • Flammable: means any substance which has a flashpoint of above 20 degrees to and including 80 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester, except that the flammability of solids and of the contents of self-pressurized containers is determined by methods generally applicable to such containers and established by regulations issued by the commissioner and "extremely flammable" means any substance which has a flashpoint at or below 20 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester. See Maine Revised Statutes Title 7 Sec. 502
  • Hazardous substance: means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, or which generates pressure through decomposition, heat or other means and which may cause substantial personal injury or illness during any customary or reasonable anticipated handling or use including reasonably foreseeable ingestion by children and also means any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the commissioner determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this subchapter in order to protect the public health. See Maine Revised Statutes Title 7 Sec. 502
  • Highly toxic: means any substance which produces death within 14 days in at least half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when a single dose of 50 milligrams or less per kilogram of body weight, is orally administered or when inhaled continuously for a period of one hour or less at an atmospheric concentration of 200 parts per million by volume or less of gas, vapor, mist or dust, or which produces death within 14 days in at least half of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less. See Maine Revised Statutes Title 7 Sec. 502
  • Household use: means any use, or intended use of an article in or about the living area or living quarters of a house, apartment house or other place of abode. See Maine Revised Statutes Title 7 Sec. 502
  • Label: means a display of written, printed or graphic matter upon or attached to the immediate package or container of any substance; and a requirement made by or under authority of this subchapter 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 on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper, and on all accompanying literature where there are directions for use, written or otherwise. See Maine Revised Statutes Title 7 Sec. 502
  • misbranded: as used in this chapter or chapter 103 applies to all articles of commercial feeding stuff, commercial fertilizer or food, the package or label of which bears any statement, design or device regarding such article, or the ingredients or substances contained therein, that is false or misleading in any particular or that is falsely branded in any particular. See Maine Revised Statutes Title 7 Sec. 484
  • Person: means and includes any corporation, association, copartnership or one or more individuals. See Maine Revised Statutes Title 7 Sec. 502
  • Toxic: means any substance other than a radioactive substance that has the inherent capacity to produce bodily injury or illness to humans through ingestion, inhalation or absorption through any body surface. See Maine Revised Statutes Title 7 Sec. 502
2. Statement. Any statements required under this subchapter shall be located prominently and shall be in the English language in conspicuous and legible type in contrast by typography, layout or color with other printed matter on the label.

[PL 1965, c. 65 (NEW).]

If the commissioner finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this subchapter is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner shall promulgate regulations exempting such substance from these requirements to the extent the commissioner determines to be consistent with adequate protection of the public health and safety, or if the commissioner finds that the requirements of this section are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, the commissioner may by regulation establish such reasonable variations or additional label requirements as the commissioner finds necessary for the protection of the public health and safety; and any container of such hazardous substance, intended or suitable for household use, that fails to bear a label in accordance with such regulations is a misbranded package of a hazardous substance. [RR 2021, c. 1, Pt. B, §82 (COR).]
Whenever in the judgment of the commissioner, such action will promote the objectives of this subchapter by avoiding or resolving uncertainty as to its application, the commissioner may by regulation declare to be a hazardous substance, for the purposes of this subchapter, any substance or mixture of substances that the commissioner finds meets the requirements of section 502, subsection 5. [RR 2021, c. 1, Pt. B, §83 (COR).]
SECTION HISTORY

PL 1965, c. 65 (NEW). RR 2021, c. 1, Pt. B, §§82, 83 (COR).