Frequent Questions

Are there any exemptions under Sections 311 and 312?

There are five exemptions under Sections 311 and 312. These exemptions are provided in Section 311(e) in the following order:

   1. Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration;
   2. Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;
   3. Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public;
   4. Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; and
   5. Any substance to the extent it is used in routine agricultural operations or is fertilizer held for sale by a retailer to the ultimate customer.

There are also a number of exemptions under the OSHA Hazard Communication Standard which affect the requirement for preparing or having available an MSDS. These are listed in 29 CFR §1910.1200(b).

 

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