(a) Whenever in the judgment of the commissioner such action will promote the objectives of this part by avoiding or resolving uncertainty as to application, the commissioner may by regulation declare to be a hazardous substance, for the purposes of this part, any substance or mixture of substances that the commissioner finds meets the requirements of § 68-131-102(10)(A)(i).

Terms Used In Tennessee Code 68-131-103

  • Banned hazardous substance: means :
    (i) Any toy or other article intended for use by children, that:
    (a) Is a hazardous substance. See Tennessee Code 68-131-102
  • Commerce: means any and all commerce within the state of Tennessee and subject to the jurisdiction of the state of Tennessee, and includes the operation of any business or service establishment. See Tennessee Code 68-131-102
  • Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-102
  • Electrical: means of or pertaining to the flow of an electrical charge or to electrons in motion. See Tennessee Code 68-131-102
  • Hazardous substance: means :
    (i) Any substance or mixture of substances that:
    (a) Is toxic. See Tennessee Code 68-131-102
  • Label: means a display of written, printed, or graphic matter upon the immediate container of any substance, or in the case of an article that 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 to the article, and a requirement made by or under authority of this part 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:
    (A) On the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper. See Tennessee Code 68-131-102
  • Mechanical: means of or pertaining to the design, construction or structure of a substance. See Tennessee Code 68-131-102
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • 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 §. See Tennessee Code 68-131-102
  • Thermal: means of or pertaining to the transfer or manifestation of heat energy. See Tennessee Code 68-131-102
(b) If the commissioner finds that the requirements of § 68-131-102(16)(A) 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 such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, that fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance.
(c) If the commissioner finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained in the package, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this part is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner shall promulgate regulations exempting such substances from these requirements to the extent the commissioner determines to be consistent with adequate protection of the public health and safety.
(d) If the commissioner finds that the hazard of an article subject to this part is such that labeling adequate to protect the public health and safety cannot be devised, or the article presents an imminent danger to the public health and safety, the commissioner may declare the article to be a banned hazardous substance and require its removal from commerce.
(e) A regulation issued in accordance with § 3(e) of the Federal Hazardous Substances Act, compiled in 15 U.S.C. § 1261 et seq., which restricts the sale or labeling of a toy or other article intended for use by children because of an electrical, mechanical or thermal hazard, shall be an acceptable regulation for the purpose of this part.
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