8 CAR § 100-102. Scope and application

(a)(1) This part requires chemical manufacturers and distributors to provide public employers with material safety data sheets on hazardous chemicals purchased, produced, or otherwise obtained. (2) This part requires all public employers to provide information to their employees about the hazardous chemicals to which they are exposed under normal operating conditions or in foreseeable emergencies, by means of: (A) A hazard communication program; (B) Labels; and (C) Other forms of warning, material safety data sheets, and information and training. (b) This part applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed: (1) Under normal conditions of use; or (2) In a foreseeable emergency. (c) This part does not require labeling of the following chemicals: (1) Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., when subject to the labeling requirements of the Federal Insecticide, Fungicide, and Rodenticide Act and labeling regulations issued under the Federal Insecticide, Fungicide, and Rodenticide Act by the United States Environmental Protection Agency; (2) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device, including materials intended for use as ingredients in such products, e.g., flavors and fragrances, as such terms are defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., and regulations issued under the Federal Food, Drug, and Cosmetic Act, when they are subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act by the United States Food and Drug Administration; (3) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and regulations issued under the Federal Alcohol Administration Act, when subject to the labeling requirements of the Federal Alcohol Administration Act and labeling regulations issued under the Federal Alcohol Administration Act by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives; and (4) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq., and Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq., respectively, when subject to a consumer product safety standard or labeling requirement of the Consumer Product Safety Act and Federal Hazardous Substances Act, or regulations issued under the Consumer Product Safety Act and Federal Hazardous Substances Act by the United States Consumer Product Safety Commission. (d) This part does not apply to: (1) Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq., when subject to regulations issued under the Solid Waste Disposal Act by the United States Environmental Protection Agency; (2) Tobacco or tobacco products; (3) Wood or wood products; (4) Articles; (5) Food, drugs, cosmetics, or alcoholic beverages purchased in a retail establishment and packaged for sale to consumers; (6) Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace; (7) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq., and Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq., respectively, where the employer can demonstrate: (A) It is used in the workplace in the same manner as normal consumer use; and (B) Which use results in a duration and frequency of exposure which is not greater than exposure experienced by consumers; and (8) Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., when it is in solid, final form for direct administration to the patient, i.e., tablets or pills.