§ 95-216. Exemptions.
Part 4. Implementation.
§ 95‑216. Exemptions.
Notwithstanding any languageto the contrary, the provisions of this Article shall not apply to chemicals inor on the following:
(1) Hazardous substanceswhile being transported in interstate commerce into or through this State;
(2) Products intendedfor personal consumption by employees in the facilities;
(3) Retail food saleestablishments and all other retail trade establishments in Standard IndustrialClassification Codes 53 through 59, exclusive of processing and repair areas,except that the employer must comply with the provisions of G.S. 95‑194(a)(i);
(4) Any food, foodadditive, color additive, drug or cosmetic as such terms are defined in theFederal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.);
(5) A laboratory underthe direct supervision or guidance of a technically qualified individualprovided that:
a. Labels on containersof incoming chemicals shall not be removed or defaced;
b. MSDS's received bythe laboratory shall be maintained and made accessible to employees andstudents;
c. The laboratory isnot used primarily to produce hazardous chemicals in bulk for commercialpurposes; and
d. The laboratoryoperator complies with the provisions of G.S. 95‑194(a)(i);
(6) Any farmingoperation which employs 10 or fewer full‑time employees, except that ifany hazardous chemical in an amount in excess of 55 gallons or 500 pounds,whichever is greater, is normally stored at the farming operation, the employermust comply with the provisions of G.S. 95‑194(a)(i); and
(7) Any distilledspirits, tobacco, and untreated wood products; and
(8) Medicines useddirectly in patient care in health care facilities and health care facilitylaboratories. (1985, c. 775, s. 1; 1987, c. 489, s. 8.)