(d) Highly toxic substances. “Highly toxic” is any substance falling within any of the following categories:

1. (1) Any substance that produces death within 14 days in half or more than half of a group of white rats each weighing between 200 grams and 300 grams at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered.
2. (2) Any substance that produces death within 14 days in half or more than half of a group of white rats each weighing between 200 grams and 300 grams when inhaled continuously for a period of 1 hour or less in an atmospheric concentration of 200 parts per million by volume or less of gas or vapor or 2 milligrams per liter by volume or less of mist or dust, provided that such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner.
3. (3) Any substance that produces death within 14 days in half or more than half of a group of rabbits weighing between 2.3 kilograms each and 3.0 kilograms each, tested in a dosage of 200 milligrams, or less, per kilogram of body weight when administered by continuous contact with the bare skin for 24 hours or less by the method described in 5-397. The number of animals tested shall be sufficient to give a statistically significant result and be in conformity with good pharmacological practices.
4. (4) Any substance determined by the Commissioner to be “highly toxic” on the basis of human experience.

(e) Toxic substances. “Toxic substances” are any substances falling within any of the following categories.

1. (1) Any substance that produces death within 14 days in one-half of a group of white rats each weighing between 200 grams and 300 grams, at a single dose of more than 50 milligrams per kilogram but not more than 5 grams per kilogram of body weight, when orally administered. Substances falling in the toxicity range between 500 milligrams and 5 grams per kilogram of body weight will be considered for exemption from some or all of the labeling requirements of the act, under 5-405, upon a showing that, because of the physical form of the substances (solid, a thick plastic, emulsion, etc.), the size or closure of the container, human experience with the article, or any other relevant factors, such labeling is not needed.
2. (2) Any substance that produces death within 14 days in one-half of a group of white rats each weighing between 200 grams and 300 grams, when inhaled continuously for a period of 1 hour or less at an atmospheric concentration of more than 200 parts per million but not more than 20,000 parts per million by volume of gas or vapor or more than 2 milligrams but not more than 200 milligrams per liter by volume of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner.
3. (3) Any substance that produces death within 14 days in one-half of a group of rabbits weighing between 2.3 kilograms and 3.0 kilograms each, tested at a dosage of more than 200 milligrams per kilogram of body weight but not more than 2 grams per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours by the method described in 5-397. The number of animals tested shall be sufficient to give statistically significant results and be in conformity with good pharmacological practice.
4. (4) Any substance that is “toxic” (but not “highly toxic”) on the basis of human experience.

(f) Irritants. The term “irritant” includes “primary irritant to the skin” as well as substances irritant to the eye or to mucous membranes.

1. (1) The term “primary irritant” means a substance that is not corrosive and that the available data of human experience indicate is a primary irritant; or which results in an empirical score of five or more when tested by the method described in 5-398.
2. (2) Eye irritants. A substance is an irritant to the eye mucosa if the available data on human experience indicate that it is an irritant for the eye mucosa, or when tested by the method described in 5-399 shows that there is at any of the readings made at 24, 48, and 72 hours discernable opacity or ulceration of the cornea or inflammation of the iris, or that such substance produces in the conjunctivae (excluding the cornea and iris) a diffuse deep-crimson red with individual vessels not easily discernible, or an obvious swelling with partial eversion of the lids.

(i) Extremely Flammable and Flammable Substances.

1. (1) Extremely flammable substances. The term “extremely flammable” means any substance that has a flashpoint at or below 20° F., as determined by the method described in 5-400.
2. (2) Flammable substances. The term “flammable” means any substance that has a flashpoint of above 20° F., to and including 80° F., as determined by the method described in 5-400.

(j) Extremely Flammable and Flammable Solids.

1. (1) Extremely flammable solids. A solid substance is “extremely flammable” if it ignites and burns at an ambient temperature of 80° F. or less when subjected to friction, or to percussion, or to an electrical spark.
2. (2) Flammable solids. A solid substance is “flammable” if, when tested by the method described in 5-401, it ignites and burns with a self-sustained flame at a rate greater than 1/10 of an inch per second along its major axis.

(k) Extremely Flammable and Flammable Contents of Self-pressurized Containers.

1. (1) Extremely flammable contents. Contents of self-pressurized containers are “extremely flammable” if when tested by the method prescribed in 5-402, flashback (a flame extending back to the dispenser) is obtained at any degree of valve opening and the flashpoint, when tested by the method described in HS 1.16, is less than 20° F.
2. (2) Flammable contents. Contents of self-pressurized containers are “flammable” if when tested by the method described in 5-403, a flame projection exceeding 18 inches is obtained at full valve opening or a flashback (a flame extending back to the dispenser) is obtained at any degree of valve opening.

(l) Substances That Generate Pressure. A substance is hazardous because it “generates pressure through decomposition, heat, or other means” if:

1. (1) It explodes when subjected to an electrical spark, or to percussion, or to the flame of a burning paraffin candle for 5 seconds or less; or
2. (2) It expels the closure of its container, or bursts its container in 2 days or less when held at or below 130° F. for 2 days or less; or
3. (3) It erupts from its opened container at a temperature of 130° F. or less, after having been held in the closed container at 130° F. for 2 days.
4. (4) If it comprises the contents of a self-pressurized container.

(r) Banned Hazardous Substance. The term “banned hazardous substance” means:

1. (1) Any toy or other article intended for use by children that is a hazardous substance within the meaning of Section 23-39-20(e)(1) or any regulation in this part, or bears or contains such a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted; or
2. (2) Substances other than those defined in subparagraph (1) of this paragraph that are intended or packaged in a form suitable for use in the household and that the Commissioner finds and classifies by regulation as being so hazardous in nature that the objective of protecting the public health and safety can be adequately served only by keeping such substance when so intended or packaged out of the channels of intrastate commerce.