Q.01

What does the Federal Hazardous Substances Act require?

The Federal Hazardous Substances Act (FHSA, 15 U.S.C. 1261 et seq.) requires household and children's products that are "hazardous substances" to carry cautionary labels. It also lets the Consumer Product Safety Commission (CPSC) ban products whose hazard labelling cannot adequately control. It does this by prohibiting interstate commerce in any "misbranded" or "banned" hazardous substance.

Approach: I read the FHSA in the official 2023 US Code edition on govinfo and CPSC's FHSA requirements page, and searched CPSC's 16 CFR Part 1500 lists (declared hazardous substances, strong sensitizers, special labelling, bans, exemptions, caustic poisons). Below, US Code section numbers are followed by the Act's own section numbers in brackets where the statute uses them.

1. What counts as a "hazardous substance" (15 U.S.C. 1261(f))

  • Two-part test: a substance or mixture that "(i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure", and that "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."
  • Also covered:
    • substances the CPSC declares hazardous by regulation;
    • certain radioactive substances;
    • toys or other children's articles the CPSC finds present an electrical, mechanical or thermal hazard;
    • solder with more than 0.2 percent lead.
  • Excluded:
    • pesticides under FIFRA;
    • foods, drugs and cosmetics under the FD&C Act;
    • fuels stored in containers and used in a house's heating, cooking or refrigeration system;
    • tobacco and tobacco products;
    • Atomic Energy Act materials.
  • Statutory definitions: "highly toxic" is defined by oral, inhalation and dermal LD50/LC50 cut-offs, and human data take precedence over animal data. "Corrosive", "irritant" and "strong sensitizer" are also defined. The CPSC must set the flammability definitions by regulation.
  • Declared by regulation (16 CFR 1500.12): charcoal in retail containers for cooking or heating [1]; candlewicks with a metal core containing more than 0.06% lead, and candles made with them [2].
  • Designated strong sensitizers (16 CFR 1500.13):
    • paraphenylenediamine [3]
    • powdered orris root [4]
    • certain epoxy resin systems [5]
    • formaldehyde at 1% or more [6]
    • oil of bergamot at 2% or more [7]

2. Cautionary labelling (15 U.S.C. 1261(p))

A hazardous substance intended, or packaged in a form suitable, for use in the household or by children is "misbranded" if it fails to bear a label that "states conspicuously":

  • (A) the name and place of business of the manufacturer, packer, distributor or seller;
  • (B) the common or usual name, or the chemical name, of the hazardous substance or of each component that contributes substantially to the hazard;
  • (C) the signal word "DANGER" for extremely flammable, corrosive or highly toxic substances;
  • (D) "WARNING" or "CAUTION" for all other hazardous substances;
  • (E) an affirmative statement of the principal hazard(s), such as "Flammable", "Vapor Harmful" or "Causes Burns";
  • (F) precautionary measures;
  • (G) first-aid instructions, when necessary or appropriate;
  • (H) the word "poison" for highly toxic substances;
  • (I) handling and storage instructions, where special care is needed;
  • (J) "Keep out of the reach of children" or its practical equivalent. For a children's article that is not banned, the label must instead give adequate directions for protecting children.

How the label must appear:

  • The statements must be prominent, in English, and in conspicuous, legible type that contrasts with other printed matter.
  • They must also appear on any outer container or wrapper, unless they can be read easily through it, and on all accompanying literature that gives directions for use (1261(n)).
  • A product is also misbranded if its packaging breaches a Poison Prevention Packaging Act regulation.

Other labelling powers and rules:

  • Additional or varied labels: the CPSC "may by regulation establish such reasonable variations or additional label requirements" for special hazards (1262(b)). Examples are the special labelling rules in 16 CFR 1500.14 [8].
  • Exemptions: the CPSC "shall" exempt products where full labelling is impracticable or unnecessary, for example because of package size or minor hazard (1262(c)).
  • Disclaimers: CPSC states that "The FHSA prohibits the use of deceptive disclaimers that negate or disclaim any of the statements required" (CPSC).
  • Federal pre-emption: a state or local cautionary labelling requirement aimed at the same risk must be identical to the federal one. The exceptions are requirements for a government's own use that give higher protection, and CPSC-granted exemptions (FHSA §18, note to 1261).
  • Other labelling sections: the Act's chapter also includes 1277 "Labeling of art materials", 1278 "Requirements for labeling certain toys and games" and 1278a "Children's products containing lead; lead paint rule". I did not open these sections.

3. Banned hazardous substances (15 U.S.C. 1261(q))

Two kinds of product are banned:

  • (A) Children's products: any toy or other children's article that is a hazardous substance, or that contains one accessible to a child, is banned by the statute itself.
    • The CPSC "shall exempt" articles such as chemistry sets that need the hazardous substance for their purpose, carry adequate warnings and are meant for children mature enough to heed them.
    • It "shall exempt" common fireworks that can be adequately labelled.
  • (B) Household substances: a household substance is banned when the CPSC finds by regulation that labelling cannot adequately protect the public. If there is an imminent hazard, it can be banned on an interim basis by Federal Register order.
  • Small balls: a statutory note deems small balls of 1.75 inches or less intended for children under 3 to be banned.

Examples from the CPSC lists:

  • 16 CFR 1500.17 (banned substances):
    • extremely flammable water-repellent mixtures for interior masonry [9]
    • carbon tetrachloride [10]
    • liquid drain cleaners with 10% or more NaOH/KOH unless in special packaging [11]
    • soluble cyanide salts [12]
    • lead-containing household paint [13]
    • general-use asbestos garments [14]
    • vinyl chloride aerosols [15]
    • several categories of fireworks [16][17]
  • 16 CFR 1500.18 (banned toys and children's articles):
    • lawn darts [18]
    • small parts in toys for under-3s [19]
    • non-compliant pacifiers [20], rattles [21], bicycles [22] and bunk beds [23]
    • electrically operated toys not meeting Part 1505 [24]
    • aluminized-film kites [25]
  • Exemptions from the bans: 16 CFR 1500.85 (substances) and 1500.86 (articles) [26][27].

4. Prohibited acts and penalties (15 U.S.C. 1263, 1264)

The Act prohibits:

  • introducing (or delivering for introduction) into interstate commerce a misbranded or banned hazardous substance;
  • altering or removing labels so that the product becomes misbranded or banned;
  • receiving such products in interstate commerce and delivering them onward;
  • giving false guarantees;
  • refusing inspections or access to records;
  • packing hazardous substances in reused or identifiable food, drug or cosmetic containers;
  • failing to notify the CPSC of exports;
  • failing to comply with orders issued under 1274 (remedies for banned hazardous substances);
  • selling solder with more than 0.2% lead without the required warning label.

Penalties:

  • A violation is a misdemeanour: a fine of up to $500, up to 90 days' imprisonment, or both.
  • With intent to defraud or mislead, or for repeat offences, the penalty is up to 5 years' imprisonment and/or a fine under 18 U.S.C. 3571.
  • A good-faith seller is protected by a signed guarantee from a US supplier.

5. Caustic poisons (16 CFR 1500.129)

The CPSC lists these concentrated substances as caustic poisons:

  • hydrochloric acid ≥10% [28]
  • sulfuric acid ≥10% [29]
  • nitric acid ≥5% [30]
  • phenol ≥5% [31]
  • oxalic acid ≥10% [32]
  • salts of oxalic acid ≥10% [33]
  • acetic acid ≥20% [34]
  • hypochlorous acid yielding ≥10% available chlorine [35]
  • KOH ≥10% [36]
  • NaOH ≥10% [37]
  • silver nitrate ≥5% [38]
  • ammonia ≥5% [39]

Sources:

Q.02

Which household products need hazard labels?

Under the FHSA, there is no fixed list of household products that need hazard labels. A product needs a cautionary label if it meets the statute's two-part "hazardous substance" test and is intended, or packaged in a form suitable, for household use or use by children. The test, from 15 U.S.C. 1261(f) and (p) as covered in your previous question, is that the product is toxic, corrosive, an irritant, a strong sensitizer, flammable/combustible or pressure-generating, and may cause substantial injury or illness through reasonably foreseeable handling or use. On top of that general rule, CPSC's 16 CFR Part 1500 names specific products and substances that are hazardous or carry extra labelling requirements.

Approach: I searched CPSC's 16 CFR Part 1500 lists: declared hazardous substances (1500.12), special labelling (1500.14) and caustic poisons (1500.129). The 1500.13 strong-sensitizer entries came from the previous search and were not re-read this time. The FHSA definitions come from the 15 U.S.C. 1261 text already reviewed.

1. Products CPSC has declared hazardous (16 CFR 1500.12)

These count as hazardous substances, so the FHSA labelling rules apply to them:

  • Charcoal briquettes and other forms of charcoal in retail containers meant for cooking or heating [1]
  • Candles made with metal-cored wicks containing more than 0.06% lead in the metal core, and the wicks themselves [2]

2. Products with prescribed label wording (16 CFR 1500.14(b))

Product / ingredientWhen it appliesWhat the label "shall" carry
Diethylene glycol10% or more by weight"warning" + "Harmful if swallowed" [8]
Ethylene glycol (e.g. antifreeze-type products)10% or more by weight"warning" + "Harmful or fatal if swallowed" [40]
Benzene5% or more by weight"danger", "Vapor harmful", "poison", skull and crossbones. At 10% or more, also "Harmful or fatal if swallowed" and "Call physician immediately" [41]
Toluene, xylene, petroleum distillates and the other substances listed in 1500.14(a)(3)10% or more by weight"danger", "Harmful or fatal if swallowed", "Call physician immediately". Toluene and xylene also need "Vapor harmful" [41]
Methyl alcohol (methanol)4% or more by weight"danger", "poison", skull and crossbones, "Vapor harmful", "May be fatal or cause blindness if swallowed", "Cannot be made nonpoisonous" [42]
Turpentine (gum, wood and distilled types)10% or more by weight"danger" + "Harmful or fatal if swallowed" [43]
Charcoal for cooking or heatingRetail containersBordered carbon-monoxide warning with set placement, type sizes and pictogram. A separate statement applied to bags packaged before 3 November 1997 [44]
Consumer fireworksFountains, California candles, Roman candles, rockets, wheels, sparklers, mines and shells, party poppers and othersDevice-specific warnings (e.g. "Use only under [close] adult supervision", "Light fuse and get away"). Any other fireworks device "shall carry a warning label" saying where and how to use it
Art materials (under the Labeling of Hazardous Art Materials Act)Any art material, for users of any ageA toxicologist must review the formulation. Chronic-hazard labelling follows ASTM D-4236, and a conformance statement is required. Containers of 1 fl oz (30 ml) or 1 oz (28 g) or smaller need only the signal word and a list of the hazardous and sensitizing components [45]

The table lists only the substances that 1500.14(b)(3) names in its own text. Its wider list in 1500.14(a)(3) was not among the entries I could retrieve.

On art materials, CPSC says adhesives, glues and putties for general repair or construction are not subject to LHAMA. Kit paints and glues, and art or craft adhesives sold separately, are. CPSC adds that this enforcement policy does not change the general rule that any household hazardous substance must be labelled under FHSA section 2(p) [45].

3. Caustic and corrosive household chemicals (16 CFR 1500.129)

CPSC lists these concentrated substances as caustic poisons:

SubstanceConcentration
Hydrochloric acid10% or more [28]
Sulfuric acid10% or more [29]
Nitric acid5% or more [30]
Phenol5% or more [31]
Oxalic acid and its salts10% or more [32][33]
Acetic acid20% or more [34]
Hypochlorite/hypochlorous preparationsYielding 10% or more available chlorine [35]
Potassium hydroxide (caustic potash)10% or more [36]
Sodium hydroxide (lye, caustic soda)10% or more [37]
Silver nitrate5% or more [38]
Ammonia water / ammonium hydroxide5% or more [39]

4. Strong sensitizers (16 CFR 1500.13)

Household products containing a designated strong sensitizer also count as hazardous. The designated sensitizers are:

  • paraphenylenediamine
  • powdered orris root
  • certain epoxy resin systems
  • formaldehyde at 1% or more
  • oil of bergamot at 2% or more

Each entry is cited in the previous answer.

5. Products outside FHSA labelling

These are excluded from the definition (15 U.S.C. 1261(f)) and labelled under other laws instead:

  • FIFRA pesticides
  • foods, drugs and cosmetics under the FD&C Act
  • tobacco
  • Atomic Energy Act materials
  • fuels stored in containers used in a house's heating, cooking or refrigeration system

Within the FHSA, CPSC can also exempt products where full labelling is impracticable or unnecessary (1262(c)).

If you share a product's formulation or intended use, I can work through whether it meets the hazardous-substance test and which of these label requirements apply.

Q.03

Which hazardous substances are banned?

Under the FHSA, CPSC's banned hazardous substances fall into two lists in 16 CFR Part 1500. Section 1500.17 has 13 banned household substances and products. Section 1500.18 has 16 banned toys and children's articles, which are banned because of mechanical, electrical or thermal hazards.

Approach: I read every entry of 16 CFR 1500.17 and 1500.18 in CPSC's current eCFR list of FHSA bans. 1500.18 skips some paragraph numbers. The entries shown below are all that the list holds for that section.

16 CFR 1500.17: Banned hazardous substances (household products)

Para.What is bannedMain condition or exception
(a)(1)Water-repellent mixtures for interior masonry walls, floors, etc.Only if "extremely flammable" under section 2(l) of the Act [9]
(a)(2)Carbon tetrachloride and mixtures containing it, including in fire extinguishersExcludes unavoidable manufacturing residues that do not produce more than 10 ppm in air [10]
(a)(3)Audible-effect fireworks such as cherry bombs and M-80 salutes, with kits and componentsBanned if the charge is more than 2 grains of pyrotechnic composition. Exception for supply through a wildlife management program [16]
(a)(4)Liquid drain cleaners with 10% or more sodium and/or potassium hydroxide by weightDoes not apply if packed in special packaging under the Poison Prevention Packaging Act [11]
(a)(5)Products containing soluble cyanide saltsExcludes unavoidable manufacturing residues that give no more than 25 ppm cyanide [12]
(a)(6)Household paint over set lead limits, and children's articles bearing such paintLimits: over 0.5% lead in the dried film (shipped after 31 Dec 1972); over 0.06% (shipped after 31 Dec 1973). Artists' paints are excluded. Revoked for products made after 27 Feb 1978, because 16 CFR Part 1303 now covers them [13]
(a)(7)General-use garments containing asbestosExcludes genuine thermal-protection garments built so fibres do not become airborne [14]
(a)(8)Firecrackers with more than 50 mg of pyrotechnic composition (except those in rockets); aerial bombs; devices that look like candy, such as "dragon eggs" and "cracker balls"Same wildlife-program exception [46]
(a)(9)All other fireworks (not firecrackers) that do not meet 16 CFR Part 1507Same wildlife-program exception [17]
(a)(10)Household aerosols with vinyl chloride monomer as an ingredient or in the propellantApplies to products made or imported on or after 7 Oct 1974 [15]
(a)(11)Reloadable tube aerial shell fireworks with shells larger than 1.75 in outer diameterApplies to products imported on or after 8 Oct 1991 [47]
(a)(12)Large multiple-tube mine and shell devices: any tube 1.5 in (3.8 cm) inner diameter or more, with a tip angle under 60° (tested under §1507.12)Applies to products entering commerce on or after 26 Mar 1997 [48]
(a)(13)Candles with metal-cored wicks, and metal-cored wicks, made or imported on or after 15 Oct 2003Not banned if lead is no more than 0.06% of the metal core and the shipping container is labelled "Conforms to 16 CFR 1500.17(a)(13)" [49]

16 CFR 1500.18: Banned toys and other children's articles

Para.What is banned
(a)(1)Toy rattles with rigid wires, sharp protrusions or loose small objects that could cause injury (but see §1500.86(a)(1)) [50]
(a)(2)Toys with noisemaker parts that can come loose or be removed by a child [51]
(a)(3)Dolls, stuffed animals and similar toys with parts that could cause lacerations or puncture wounds (but see §1500.86(a)(2)) [52]
(a)(4)Lawn darts and similar sharp-pointed outdoor toys [18]
(a)(6)Baby bouncers, walker-jumpers and similar articles with scissoring, pinching, exposed-spring or collapse hazards. Infant walkers under Part 1216 are excluded [53]
(a)(7)Clacker balls, unless the balls are on integrally moulded rods pivoting in a single plane (but see §1500.86(a)(5)) [54]
(a)(8)Pacifiers that do not meet 16 CFR Part 1511 and entered commerce after 26 Feb 1978 [20]
(a)(9)Toys and articles for children under 3 that have small parts as determined under Part 1501, introduced after 1 Jan 1980 [19]
(a)(12)Bicycles that do not meet Part 1512, introduced on or after 11 May 1976. Track bicycles and one-of-a-kind bicycles are excluded [22]
(a)(15)Rattles that do not meet Part 1510, introduced on or after 21 Aug 1978 [21]
(a)(16)Infant cushions or pillows that have a flexible fabric cover, are loosely filled with granular material, flatten easily, can conform to an infant's face, and are meant for children under 1 (but see §1500.86(a)(9)) [55]
(a)(17)Balls for children under 3 that pass entirely through a 1.75 in (44.4 mm) template hole. Dice and permanently enclosed balls are excluded [56]
(a)(18)Bunk beds that do not meet Part 1513 [23]
(a)(19)Dive sticks and similar articles that sink and rest on the pool bottom. Exempt: those resting at more than 45° from vertical, those keeping less than 5 lbf of compressive force, and ring- or disk-shaped items [57]
(b)(1)Electrically operated toys and children's articles that do not meet Part 1505 (electrical and thermal hazards) [24]
(c)(1)Kites 10 in or more in any dimension made of aluminized polyester film, or with a tail or part of that film 10 in or more (risk of electric shock from power lines) [25]

Exemptions from the bans

  • Several entries point to exemptions for specific articles in 16 CFR 1500.86, as the "but see" notes above show.
  • Exemptions for banned substances, such as some fireworks, are in 16 CFR 1500.85.
  • The statute also bans any toy or children's article that is itself a hazardous substance, or contains one a child can reach (15 U.S.C. 1261(q)(1)(A), covered in the first answer). That ban applies whether or not the article is on these lists.

I can also go through the 1500.85 and 1500.86 exemption entries if you need them.

Q.04