Section 139.04. Banned products; general.

  The following consumer products or hazardous substances present an unreasonable hazard to public health and safety that cannot be adequately cured by product labeling, and are banned from sale or distribution in this state pursuant to s. 100.37 (2) or 100.42 (2) , Stats., or both ss. 100.37 (2) and 100.42 (2) , Stats.:

(1)  Extremely flammable mixtures intended primarily for application to interior masonry walls and floors as a water repellent treatment.

(2)  Carbon tetrachloride and mixtures containing it, excluding unavoidable manufacturing residues of carbon tetrachloride in other chemicals that under reasonably foreseeable conditions of use do not result in an atmospheric concentration of carbon tetrachloride greater than 10 parts per million.

(3)  Firework devices, including but not limited to cherry bombs, M-80 salutes, silver salutes, and other large firecrackers, aerial bombs and other fireworks designed to produce audible or smoke effects, and kits and components intended to produce such fireworks, if the audible or smoke effect is produced by a charge of more than 16.2 milligrams of flammable or explosive pyrotechnic composition. This subsection does not apply to fireworks authorized for sale or use as provided under s. 167.10 , Stats.

(4)  Liquid drain cleaners containing 10% or more by weight of sodium or potassium hydroxide or sulfuric acid, except that this subsection shall not apply to such liquid drain cleaners if packaged in accordance with a standard for special packaging of such articles under s. 100.43 , Stats., or under the federal poison prevention packaging act of 1970 ( 15 USC 1471-76 ).

(5)  Products containing soluble cyanide salts, excluding unavoidable manufacturing residues of cyanide salts in other chemicals that under reasonable and foreseeable conditions of use will not result in a concentration of cyanide greater than 25 parts per million.

(6)  Paint or other similar surface-coating materials, intended for household use or packaged in a form suitable for household use, which contain lead or lead compounds in which the weight of lead metal (Pb) exceeds 0.06% of the weight of the total nonvolatile content of the paint or the weight of the dried paint film. This subsection does not apply to artists' paints and related materials.

(7)  Garments containing asbestos other than garments having a bona fide application for personal protection against thermal injury and so constructed that the asbestos fibers will not become airborne under reasonably foreseeable conditions of use.

(8)  Fire extinguishers containing substances which are or become highly toxic when used according to label directions to extinguish a fire.

(9)  Vinyl chloride monomer as an ingredient or propellent in self-pressurized products intended or suitable for household use.

(10)  Butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.

(11)  Flammable substances containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons when used or intended for use as refrigerants in motor vehicles whose mobile air conditioners, as defined under s. 100.45 (1) (b) , Stats., were not designed and manufactured to use flammable refrigerants.

(12)  All lawn darts banned under 16 CFR 1306 .

History: Cr. Register, January, 1978, No. 265 , eff. 2-1-78; cr. (10), Register, February, 1986, No. 362 , eff. 3-1-86; emerg. cr. (11), eff. 10-9-96, cr. (11), Register, June, 1997 , No 498, eff. 7-1-98; CR 09-002 : r. and recr. (title) and (intro.), am. (6), cr. (12) Register August 2009 No. 644 , eff. 9-1-09.