Title 45, Chapter 22, Section 5
( 45-22-5)
(a) The provisions of this chapter shall not apply to: (1) Impurities which develop as intermediate materials during
chemical processing but are not present in the final mixture and
to which employee exposure is unlikely; (2) Alcoholic beverages as defined in Title 3; (3) Articles intended for personal consumption by employees in the
workplace; (4) Any consumer product or hazardous substance as those terms are
defined in the Consumer Product Safety Act, 15 U.S.C. Section
2051, et seq., and Federal Hazardous Substances Act, 15 U.S.C.
Section 1261, et seq., respectively, including any such product or
hazardous chemicals manufactured by any state agency, where the
employer can demonstrate it is used in the workplace in the same
manner as normal consumer use and which use results in a duration
and frequency of exposure which is not greater than exposures
experienced by consumers; (5) Articles sold or used in retail food establishments and retail
trade establishments; (6) Chemicals which are merely being transported in the state as
part of a shipment in interstate or intrastate commerce; or (7) Chemicals or mixtures which may be hazardous but which are
covered by the federal Atomic Energy Act and the federal Resource
Conservation and Recovery Act. (b) The provisions of this chapter shall 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. Section 136,
et seq., when such pesticide is subject to the labeling
requirements of that federal act and labeling regulations issued
under that federal 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, as such terms are defined in the
federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 301, et
seq., and regulations issued under that federal act, when subject
to the labeling requirements under that federal act by the 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. Section 201,
et seq., and regulations issued under that federal act, when
subject to the labeling requirements of that federal act by the
United States Bureau of Alcohol, Tobacco, and Firearms; or (4) Any consumer product or hazardous substance as those terms are
defined in the Consumer Product Safety Act, 15 U.S.C. Section
2051, et seq., and the federal Hazardous Substances Act, 15 U.S.C.
Section 1261, et seq., respectively, when subject to a consumer
product safety standard or labeling requirement of those federal
acts or regulations issued under those federal acts by the
Consumer Product Safety Commission. (c) The department shall be responsible for the dissemination of
appropriate information available on the nature and hazards of
hazardous chemicals. The department shall promptly assist employers
and employees with inquiries concerning the hazardous nature of such
chemicals. |