Toxicity 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). 

Definition of Toxic Section 2(g) of the FHSA defines the term toxic to include any substance which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface. At 16 C.F.R. 1500.3(c)(2), CPSC regulations elaborate on this definition as follows ... 

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). 

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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