Health & Safety Code § 501.002 – Definitions (Texas Hazardous Substances Act)

Health & Safety Code § 501.002 Summary

This section of the Texas Health and Safety Code defines what constitutes a “hazardous substance” under the Texas Hazardous Substances Act, establishing the criteria used to identify products and materials that pose risks to public health and safety. The statute outlines three main categories for defining a hazardous substance: first, any substance or mixture that is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure, and may cause substantial injury or illness during normal or foreseeable use, including ingestion by children; second, toys or other child-intended articles (excluding clothing) that present electrical, mechanical, or thermal dangers; and third, radioactive substances specifically designated as hazardous under a related section of the code.

The statute further provides detailed definitions for various characteristics, such as what makes a substance “corrosive” (destroying living tissue by chemical action), an “electrical hazard” (risk of electric shock), “extremely flammable, flammable, or combustible” (as defined by federal regulations), an “irritant” (causing local inflammatory reaction), a “mechanical hazard” (unreasonable risk of injury from design flaws like fragmentation, sharp edges, or moving parts), “radioactive” (emitting ionizing radiation), a “strong sensitizer” (causing hypersensitivity upon reapplication), and “toxic” (producing injury or illness through ingestion, inhalation, or absorption).

Finally, the statute explicitly lists several substances that are *not* considered hazardous under this Act, including certain pesticides, foods, drugs, cosmetics, alcoholic beverages, fuels for private residential systems, and specific nuclear materials already regulated under other federal laws.

Purpose of Health & Safety Code § 501.002

The legislative intent behind this Texas statute is to establish a clear and comprehensive legal framework for identifying and categorizing hazardous substances within the state. By meticulously defining terms like “toxic,” “corrosive,” and “mechanical hazard,” the law serves to protect consumers from products and materials that could cause substantial personal injury or illness. This definition section is fundamental to the enforcement of the Texas Hazardous Substances Act, ensuring that manufacturers, distributors, and sellers understand their responsibilities regarding product safety, labeling, and warnings. It addresses the critical public health problem of preventable injuries and illnesses caused by dangerous household products, children’s toys, and other articles, particularly safeguarding vulnerable populations like children. This clarity also enables regulatory bodies to effectively oversee and enforce safety standards, providing a crucial foundation for any legal actions taken when these hazardous products cause harm.

Real-World Example of Health & Safety Code § 501.002

Consider a scenario where a popular brand of children’s toy building blocks includes small, detachable pieces. A child, under the age of three, accidentally aspirates one of these pieces, leading to a serious choking incident and requiring emergency medical intervention. The toy was marketed for children aged two and up. Under Health & Safety Code § 501.002, specifically subsection (a)(2), the toy could be classified as a “hazardous substance” because it is an article intended for use by a child that presents a “mechanical hazard.” Subsection (f) details what constitutes a mechanical hazard, including an unreasonable risk of personal injury because “the article or a part or accessory of the article may be aspirated or ingested” (subsection (f)(7)). In this real-world application, the statute’s specific definitions would be instrumental in determining if the toy’s design or manufacture created an unreasonable risk of injury due to its aspirable parts, forming a key component of any product liability claim against the manufacturer.

Related Statutes

• Health & Safety Code § 501.001 (Short Title): This preceding section formally designates the law as the “Texas Hazardous Substances Act,” setting the context for the definitions provided in 501.002.
• Health & Safety Code § 501.003 (Designation of Radioactive Substance): Directly referenced in § 501.002(a)(3), this statute outlines the specific process by which the executive commissioner can officially designate a radioactive substance as a hazardous substance.
• Health & Safety Code Chapter 502 (Prohibited Acts): This chapter details the actions that are forbidden concerning hazardous substances, such as introducing misbranded hazardous substances into commerce, altering labels, or selling banned hazardous substances. The definitions from § 501.002 are foundational to identifying which substances are subject to these prohibitions.
• Health & Safety Code Chapter 503 (Enforcement): This chapter outlines the powers and procedures for enforcing the Texas Hazardous Substances Act, including administrative actions, inspections, injunctions, and penalties for violations. The clear definitions of hazardous substances are essential for applying these enforcement mechanisms.
• Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.): Explicitly mentioned in § 501.002(d), the Texas Act aligns its definitions of “extremely flammable, flammable, or combustible” with this federal law and its associated regulations. This demonstrates a legislative intent to harmonize state and federal standards for certain hazardous characteristics.

Case Law Interpreting Health & Safety Code § 501.002

While the Texas Hazardous Substances Act and its definitions in Health & Safety Code § 501.002 are frequently cited in product liability and toxic tort cases, there is not extensive appellate case law directly *interpreting* the specific definitions within Section 501.002 in a complex or novel way. This is largely because the definitions are often straightforward or explicitly incorporate federal standards, making their application more common than their interpretation. Courts typically apply these definitions to the facts of a particular case rather than debating their meaning.

However, the Act’s role in product liability litigation is well-established. For example, in *Ford Motor Co. v. Ledesma*, 242 S.W.3d 32 (Tex. 2007), the Texas Supreme Court discussed the broader context of product liability claims and referenced various statutes, including the Texas Hazardous Substances Act, to determine the scope of a manufacturer’s duty regarding product safety and warnings. While not specifically dissecting the definitions of § 501.002, cases like *Ford Motor Co. v. Ledesma* illustrate how courts rely on the Act to frame arguments about whether a product is deemed unsafe or defective. For further research on the application of the Texas Hazardous Substances Act in Texas courts, you can explore the search results for the case *Ford Motor Co. v. Ledesma* on Google Scholar.

Why Health & Safety Code § 501.002 Matters in Personal Injury Litigation

Health & Safety Code § 501.002 is a cornerstone in Texas personal injury litigation, especially in cases involving product liability, toxic torts, and premises liability. Its precise definitions of what constitutes a “hazardous substance” directly influence how claims are built, defended, and ultimately resolved.

For plaintiffs, this statute provides a crucial legal foundation for establishing liability. If a product or substance that caused injury can be successfully categorized as “hazardous” according to the criteria in Section 501.002, it can significantly strengthen a claim. This classification may trigger specific duties for manufacturers regarding design, warnings, and labeling, making it easier to argue that a manufacturer was negligent, strictly liable, or breached a warranty. For example, proving a cleaning solution is “corrosive” or a children’s toy poses a “mechanical hazard” under these definitions links directly to the manufacturer’s responsibility to prevent foreseeable harm, which is vital for securing compensation for injured clients.

Conversely, for defense attorneys, understanding the nuances of Section 501.002 is essential for challenging liability. Defense strategies often involve demonstrating that a product does *not* meet the statutory definition of a hazardous substance or falls under one of the specific exclusions outlined in subsection (k). Successfully arguing that a substance is not “toxic” or that an article does not present an “electrical hazard” as defined by the statute can undermine a plaintiff’s core arguments and potentially lead to dismissal of the case or a favorable settlement.

The statute’s relevance extends to both clients and lawyers. For individuals suffering injuries from dangerous products, this law helps their legal team identify if their case falls within the protective scope of the Texas Hazardous Substances Act, offering a clear pathway for pursuing justice. For legal professionals, a thorough grasp of these definitions is indispensable for accurately assessing the merits of a case, crafting effective litigation strategies, guiding discovery processes, preparing expert testimony, and ultimately, advocating vigorously for their clients’ interests. It serves as a fundamental guide in navigating the complex landscape of product-related personal injury claims.