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HomeHealth and Safety CodeDiv. 104Pt. 3Ch. 4Art. 1§ 108130 Hazardous Substance Exemptions

§ 108130 Hazardous Substance Exemptions

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

§ 108130 Hazardous Substance Exemptions

This law lists things that are NOT considered 'hazardous substances,' even if they might seem dangerous. It says certain items like food, fuel, and some farm supplies have their own rules and aren’t covered by the usual hazardous substance laws.

Key Takeaways

  • •Food, drugs, and cosmetics have their own safety rules and aren’t called 'hazardous substances' here.
  • •Things like gas for your stove or fertilizer for plants aren’t treated as hazardous substances under this law.
  • •Some poisons or chemicals used in farming are also not counted here because other laws already cover them.

Example

You have a bottle of weed killer in your garage for your garden.

This weed killer is not counted as a 'hazardous substance' under this law because it’s already controlled by other farm and pesticide rules. So, the regular hazardous substance laws don’t apply to it.

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

Official Source
View on CA.gov

§ 108130 Hazardous Substance Exemptions

The term “hazardous substance” shall not apply to any of the following: (a)  Foods, drugs, or cosmetics subject to the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040) or Part 5 (commencing with Section 109875). (b)  Substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house. (c)  Source material, special nuclear material, or byproduct material, as defined in the Atomic Energy Act of 1954 (68 Stat. 919), as amended, and regulations issued pursuant thereto by the Atomic Energy Commission. (d)  Fertilizing materials regulated by Chapter 5 (commencing with Section 14501) of Division 7 of the Food and Agricultural Code. (e)  Livestock remedies regulated by Chapter 4 (commencing with Section 14200) of Division 7 of the Food and Agricultural Code. (f)  Economic poisons regulated by Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code, except as provided in Section 108135. (g)  Economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163), except as provided in Section 108135. (h)  Injurious substances as defined and regulated by Article 112 (commencing with Section 5225) of Group 16 of Subchapter 7 of Chapter 4 of Title 8 of the California Code of Regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

hazardous substanceFederal Food, Drug, and Cosmetic ActAtomic Energy Act of 1954Food and Agricultural Code

Related Statutes

  • § 108135 Hazardous Substance Definition
  • § 108205 Banned Hazardous Household Substances
  • § 108215 Hazardous Substance Exemptions
  • § 101325 Local Health Enforcement Fee Authority
  • § 101330 Annual Fee Assessment List

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 108130.
View Official Source