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HomeHealth and Safety CodeDiv. 104Pt. 3Ch. 4Art. 1§ 108205 Banned Hazardous Household Substances

§ 108205 Banned Hazardous Household Substances

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 108205 Banned Hazardous Household Substances

This law defines what counts as a banned hazardous substance, covering toys or children's items that contain dangerous chemicals and household products that are so risky they must be removed from state commerce.

Key Takeaways

  • •Banned hazardous substances include any toy or children's product that contains a dangerous chemical that a child could reach.
  • •Household chemicals can also be banned if they are so hazardous that labeling alone cannot protect public health.
  • •The ban is based on a state finding that the risk cannot be managed by warnings, requiring removal from state commerce.

Example

A children's plastic toy is found to have lead paint that kids can chew off, and a cleaning spray sold in a spray bottle is so toxic that even with warnings it poses a serious health risk.

The toy would be banned because it is a children's item with a hazardous substance that can be accessed by a child. The cleaning spray could be banned because, despite any warning label, its hazard is so severe that the state must keep it out of intrastate commerce to protect public health.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 108205 Banned Hazardous Household Substances

The term “banned hazardous substance” means either: (a)  Any toy, or other article intended for use by children, that is a hazardous substance, or that bears or contains a hazardous substance in the manner as to be susceptible of access by a child to whom the toy or other article is entrusted. (b)  Any hazardous substance intended or packaged in a form suitable, for use in the household, that the department by regulation classifies as a “banned hazardous substance” on the basis of a finding that, notwithstanding the cautionary labeling as is or may be required under this chapter for that substance, the degree or nature of the hazard involved in the presence or use of that substance in households is that the objective of the protection of the public health and safety can be adequately served only by keeping that substance, when so intended or packaged, out of the channels of intrastate commerce. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

banned hazardous substancehazardous substancecautionary labelingpublic health and safety

Related Statutes

  • § 108130 Hazardous Substance Exemptions
  • § 108135 Hazardous Substance Definition
  • § 108215 Hazardous Substance Exemptions
  • § 108220 Household Hazardous Substance Bans
  • § 108260 Hazardous Substance Label Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 108205.
View Official Source