HRS §330C-1 Short title
330C-1. Short title
This chapter shall be cited as the "Hawaii Poison Prevention Packaging Act".
L
1974, c 216, pt of §1
Hawaii Poison Prevention Packaging Act
HRS div. 1, tit. 19, ch. 0330C
in effectHRS §330C-2 Purpose
330C-2. Purpose
The dangers arising from accidental ingestion of substances produced or distributed for sale for consumption, use, or storage by individuals in or about the household, particularly by young children necessitates legislation designed to help reduce injuries to, and illnesses of young children ingesting such substances. It is the purpose of this chapter to require household substances which are accessible to young children and which may cause injury or illness to be contained in special packaging that is designed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of such substances within a reasonable time, but not difficult for normal adults to use properly.
[L 1974, c 216, pt of §1]
HRS §330C-3 Definitions
330C-3. Definitions
For the purposes of this chapter:
(1) "Director" means the director of
health.
(2) "Household substance" means any
substance which is customarily produced or distributed for sale for consumption
or use, or customarily stored, by individuals in or about the household and
which is:
(A) A hazardous substance as defined by this
section;
(B) A pesticide as defined by this section;
(C) A food, drug, or cosmetic as those terms
are defined by section 328-1; or
(D) A substance intended for use as fuel when
stored in a portable container and used in the heating, cooking, or
refrigeration system of a house.
(3) "Hazardous substance" means:
(A) Any substance or mixture of substances
which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong
sensitizer, (v) is flammable or combustible, or (vi) 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 director by rule
finds pursuant to section 330C-4(1), meet the requirements of subparagraph (A)
of this paragraph.
(C) Any radioactive substances, if, with
respect to such substances as used in a particular class of article or as
packaged, the director determines by regulation that the substance is
sufficiently hazardous to require labeling in accordance with this chapter in
order to protect the public health.
(D) The term "hazardous substance"
shall not apply to pesticides subject to the Federal Insecticide, Fungicide,
and Rodenticide Act, nor to foods, drugs, and cosmetics subject to the Federal
Food, Drug, and Cosmetic Act, nor to substances intended for use as fuels when
stored in containers and used in the heating, cooking, or refrigeration system
of a house, but such term shall apply to any article which is not itself an
economic poison within the meaning of the Federal Insecticide, Fungicide, and
Rodenticide Act but which is a hazardous substance within the meaning of
subparagraph (A) of this paragraph by reason of bearing or containing such a
pesticide.
(E) The term "hazardous substance"
shall not include any source material, special nuclear material, or byproduct
material as defined in the Atomic Energy Act of 1954, as amended, and
regulations issued pursuant thereto by the Atomic Energy Commission.
(4) "Pesticide" means:
(A) Any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating any insects,
rodents, nematodes, fungi, weeds, and other forms of plant or animal life or
viruses, except viruses on or in living persons or other animals, which the
board of agriculture or the administrator of the Environmental Protection Agency
shall declare to be a pest, and
(B) Any substance or mixture of substances
intended for use as a plant regulator, defoliant, or desiccant.
(5) "Package" means the immediate container
or wrapping in which any household substance is contained for consumption, use,
or storage by individuals in or about the household, and, for purposes of
section 330C-5(a)(2), also means any outer container or wrapping used in the
retail display of any such substance to consumers. The term does not include:
(A) Any shipping container or wrapping used
solely for the transportation of any household substance in bulk or in quantity
to manufacturers, packers, or processors, or to wholesale or retail
distributors thereof, or
(B) Any shipping container or outer wrapping
used by retailers to ship or deliver any household substance to consumers
unless it is the only such container or wrapping.
(6) "Special packaging" means packaging
that is designed or constructed to be significantly difficult for children
under five years of age to open or obtain a toxic or harmful amount of the
substance contained therein within a reasonable time and not difficult for
normal adults to use properly, but does not mean packaging which all such
children cannot open or obtain a toxic or harmful amount within a reasonable
time.
(7) "Labeling" means all labels and other
written, printed, or graphic matter (A) upon any household substance or its
package, or (B) accompanying such substance.
(8) "Federal Act" means the Poison
Prevention Packaging Act of 1970 (Public Law 91-601).
[L 1974, c 216, pt of §1;
gen ch 1993]
HRS §330C-4 Rules; implementation
330C-4. Rules; implementation
The director shall carry out and effectuate the purpose of this chapter by rules adopted under chapter 91 including but not limited to the following:
(1) The director may establish in accordance with
this chapter, by rule, standards for the special packaging of any household
substance if the director finds that:
(A) The degree or nature of the hazard to
children in the availability of such substance, by reason of its packaging, is
such that special packaging is required to protect children from serious
personal injury or serious illness resulting from handling, using, or ingesting
such substance; and
(B) The special packaging to be required by
such standard is technically feasible, practicable, and appropriate for such
substance.
(2) In establishing a standard under this section,
the director shall consider:
(A) The reasonableness of such standard;
(B) Available scientific, medical, and
engineering data concerning special packaging and concerning childhood accidental
ingestions, illness, and injury caused by household substances;
(C) The manufacturing practices of industries
affected by this chapter; and
(D) The nature and use of the household
substance.
(3) In carrying out this chapter, the director shall
publish the director's findings, the director's reasons therefor, and citation
of the sections of statutes which authorize the director's action.
(4) Nothing in this chapter shall authorize the
director to prescribe specific packaging designs, product content, package
quantity, or, with the exception of authority granted in section 330C-5(a)(2),
labeling. In the case of a household substance for which special packaging is
required pursuant to a rule under this section, the director may in such rule
prohibit the packaging of such substance in packages which the director
determines are unnecessarily attractive to children.
(5) Compliance with federal regulations prescribing
standards issued pursuant to the Federal Act shall be deemed in compliance with
this chapter.
[L 1974, c 216, pt of §1; gen ch 1985]
HRS §330C-5 Conventional packages, marketing, labeling statements
330C-5. Conventional packages, marketing, labeling statements
(a) For the purposes of making any household substance which is subject to a standard established under section 330C-4 readily available to elder or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if:
(1) The manufacturer or packer also supplies such
substance in packages which comply with such standard; and
(2) The packages of such substance which do not meet
such standard bear conspicuous labeling stating: "This package for
households without young children"; except that the director may by rule
prescribe a substitute statement to the same effect for packaging too small to
accommodate such labeling.
(b) In the case of a household substance which
is subject to such a standard and which is dispensed pursuant to an order of a
physician, dentist, or other licensed medical practitioner authorized to
prescribe, such substance may be dispensed in noncomplying packages only when
directed in such order or when requested by the purchaser.
(c) In the case of a household substance
subject to such a standard which is packaged under subsection (a) in a
noncomplying package, if the director determines that such substance is not
also being supplied by a manufacturer or packer in popular size packages which
comply with such standard, the director may, after giving the manufacturer or
packer an opportunity to comply with the purposes of this chapter, by order
require such substance to be packaged by such manufacturer or packer
exclusively in special packaging complying with such standard if the director
finds, after opportunity for hearing, that such exclusive use of special
packaging is necessary to accomplish the purposes of this chapter.
[L 1974, c
216, pt of §1; gen ch 1985; am L 1990, c 67, §8]
HRS §330C-6 Special packaging standards, establishment
330C-6. Special packaging standards, establishment
(a) All rules prescribing standards for the special packaging of household substances now or hereafter adopted under authority of the Federal Act shall be the regulatory standards for special packaging of household substances in this State.
(b) Hearings authorized or required by this
chapter shall be conducted by the director or an officer, agent or employee
designated by the director pursuant to chapter 91.
(c) The authority to adopt rules for the
efficient enforcement of this chapter is vested in the director. The director
may make such rules conform, insofar as practicable, with those promulgated
under the Federal Act.
(d) A federal regulation adopted pursuant to
section 330C-6(a) shall take effect in this State on the date it becomes
effective as a federal regulation. No publication or hearing shall be
required.
(e) No standard shall be effective as to
household substances subject to this chapter packaged prior to the effective
date of such final rule.
[L 1974, c 216, pt of §1; gen ch 1985]
HRS §330C-7 Penalties
330C-7. Penalties
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor.
L 1974, c 216, pt of §1
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0330C/HRS_0330C-.htmFetched: 11/10/2026