Hazardous substance FHSA definition

US Consumer Product Safety Commission (CPSC) (1992) Labeling requirements for art materials presenting chronic hazards guidelines for determining chronic toxicity of products subject to the FHSA supplementary definition of toxic under the Federal Hazardous Substances Act final rules. Federal Register 57 46626—46674 (1992). 

In the 20-year history of the FHSA, there has been no litigation requiring judicial interpretation of the if clause. Judicial discussion of the definition of hazardous substance , however, has consistently included both aspects of the statutory standard. See, e.g.. Springs Mills, Inc. v. CPSC, 434 F. Supp. 416 (D.S. Car. 1977) United States v. Chalaire, 316 F. Supp. 543 (E.D. La. 1970) United States v. 7 Cases. . . Clacker Balls, 253 F. Supp. 771 (S.D. Tex. 1966). 

The main three compounds already used in the UK for fabric protection appear to be on the accepted list for the US standard. For cotton-based fabrics the major candidate is phosphonic acid (3-[hydroxymethyl]amino)-3-oxypropyl dimethyl ester, sold as Pyrovatex. It is already used for apparel and does not meet the definition of toxic under the Federal Hazardous Substances Act (FHSA). 

The definition of a hazardous substance under the FHSA is risk-based and the regulation addresses both acute and chronic hazards. Tb be considered a hazardous substance under the FHSA (15 U.S.C. ... 

Second, it must have the potential to cause substantial illness or substantial personal injury during or as a proximate result of any customary or reasonably foreseeable handling or use. Therefore, exposure and the likelihood of risk must be considered in addition to inherent toxicity when assessing whether a product meets the definition of a hazardous substance under the FHSA. 

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