This chapter shall be known as the Tribal Commercial and Household Cleaning, Degreasing, and Caustic Products Ordinance.
(Ord. 48 § 1.0, 10-4-1980)
In this chapter, unless the context specifically indicates otherwise:
(1) “Dangerous caustic or corrosive substance”(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l)
means each and all of the acids, alkalis, and substances named below:
Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of 10 percent or more;
Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of 10 percent or more;
Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more;
Carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five percent or more;
Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or more;
Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more;
Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of 20 percent or more;
Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 percent or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime;
Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 percent or more;
Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 percent or more;
Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five percent or more; and
Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and “hartshorn,” in a concentration of five percent or more.
(2) “DMSO” (C2H6OS)
means dimethylsulfoxide, a commercial cleaning and degreasing substance.
(3) “Misbranded parcel, package, or container”
means a retail parcel, package, or container of any dangerous caustic or corrosive substance for household use not bearing a conspicuous, easily legible label or sticker containing (a) the name of the article; (b) the name and place of business of the manufacturer, packer, seller or distributor; (c) the word “POISON,” running parallel with the main body of reading matter on said label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than 24-point size, unless there is on said label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker; and (d) directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance; provided, that such directions need not appear on labels or stickers on parcels, packages or containers at the time of shipment or of delivery for shipment by manufacturers or whole-salers for other than household use; provided further, that this chapter is not to be construed as applying to any substance subject to this chapter sold at wholesale or retail for use by a retail druggist in filling prescriptions or in dispensing, in pursuance of a prescription by a physician, dentist, or veterinarian; or for use by or under the direction of a physician, dentist, or veterinarian; or for use by a chemist in the practice or teaching of his profession; or for any industrial or professional use, or for use in any of the arts and sciences.
(Ord. 48 § 2.0(A) – (C), 10-4-1980)
No person shall sell, barter, or exchange, or receive, hold, pack, display, or offer for sale, barter, or exchange, within the exterior boundaries of the Tulalip Indian Reservation, any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, said parcel, package, or container being designed for household use; provided, that household products for cleaning and washing purposes, subject to this chapter and labeled in accordance therewith, may be sold, offered for sale, held for sale and distributed within the exterior boundaries of the Tulalip Indian Reservation by any dealer, wholesale or retail; and that no person shall be liable to prosecution and conviction under this chapter when he establishes a guaranty bearing the signature and address of a vendor residing in the United States from whom he purchased the dangerous caustic or corrosive substance, to the effect that such substance is not misbranded within the meaning of this chapter. No person within the exterior boundaries of the Tulalip Indian Reservation shall give any such guaranty when such dangerous caustic or corrosive substance is in fact misbranded within the meaning of this chapter.
(Ord. 48 § 2.0(D), 10-4-1980)
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use, that is being sold, bartered, or exchanged, or held, displayed, or offered for sale, barter or exchange, shall be liable to be proceeded against in Tribal Court, within the jurisdiction of which the same is found and seized for confiscation, and if such substance is condemned as misbranded by said Court, it shall be disposed of by destruction or sale, as the Court may direct; and if sold, the proceeds, less the actual costs and charges, shall be paid over to the Tulalip Tribal Treasurer for deposit in the Tribal General Fund; but such substance shall not be sold contrary to this chapter; provided, however, that upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the Tribal Court may by order direct that such substance be delivered to the owner thereof. Such condemnation proceedings shall conform as near as may be to proceedings in the seizure and condemnation of substances unfit for human consumption.
(Ord. 48 § 2.0(E), 10-4-1980)
The Executive Director of the Tulalip Tribes shall enforce the provisions of this chapter, and he is hereby authorized and empowered to approve and register such brands and labels intended for use under the provisions of this chapter as may be submitted to him for that purpose and as may in his judgment conform to the requirements of this chapter; provided, however, that in any prosecution under this chapter, the fact that any brand or label involved in said prosecution has not been submitted to said Executive Director for approval or, if submitted, has not been approved by him shall be immaterial.
(Ord. 48 § 2.0(F), 10-4-1980)
The purchase for sale, either wholesale or retail, and dealing in DMSO within the exterior boundaries of the Tulalip Indian Reservation by any person, party, firm, entity, partnership or corporation, except pursuant to a license duly granted by the Board of Directors of the Tulalip Tribes, is prohibited and declared unlawful.
The Board of Directors of the Tulalip Tribes may, as it deems fit, control the purchase, sale, and dealing in DMSO by such quality-control measures, rules, regulations, and other proper conditions for such purchase, sale and dealing in DMSO as it may deem fit and proper in its discretion.
(Ord. 48 § 2.0(G), 10-4-1980)
Any person, party, firm, entity, partnership or corporation violating the provisions of this chapter shall be subject to a fine not exceeding $500.00 and/or imprisonment not to exceed six months.
(Ord. 48 § 2.0(H), 10-4-1980)