Cite as: 27 CNCA § 702

As used in this chapter:

1. "Chemical substance" means any organic or inorganic substance of a particular molecular identity, including:

a. any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature; and

b. any element or uncombined radical.

2. "Commerce" means trade, traffic, transportation, or other commerce:

a. between a place within the boundaries of the Cherokee Nation and any place outside of Cherokee Nation or

b. which affects trade, traffic; transportation, or commerce within the Cherokee Nation.

3. "Distribute" and "distribution" when used to describe an action taken with respect to a chemical substance or mixture or article containing a substance or mixture mean to sell, or the sale of, the substance, mixture, or article.

4. "Environment" includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.

5. "Health and safety study" means any study of any effect of a chemical substance or mixture on health or the environment or on both, including underlying data and epidemiological studies, studies of occupational exposure to a chemical substance or mixture, toxicological, clinical, and ecological studies of a chemical substance or mixture, and any test performed pursuant to this chapter.

6. "Instrumentalities" means any departments or organizations of the Cherokee Nation offering or providing services to citizens of the Cherokee Nation.

7. "Manufacture" means to import into the territory of Cherokee Nation, produce or manufacture.

8. "Mixture" means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction; except that such term does include any combination which occurs, in whole or in part, as a result of a chemical reaction if none of the chemical substances comprising the combination is a new chemical substance and if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined.

9. "New chemical substance" means any chemical substance which is not included in the chemical substance list compiled and published in federal guidelines and programs.

10. "Process" means the preparation of a chemical substance or mixture, after its manufacture, for distribution:

a. in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance or mixture, or

b. as part of an article containing the chemical substance or mixture.

11. "Processor" means any person who processes a chemical substance or mixture.

12. "Standards for the development of test data" means those standards used for testing under federal EPA guidelines and programs.

Historical Data

LA 1–93, eff. June 14, 1993. Renumbered from 63 CNCA § 702.