50-3-2018 - Exemptions from part.
50-3-2018. Exemptions from part.
This part shall not apply to:
(1) Any article that is formed to a specific shape or design during manufacture that has an end use function or functions dependent in whole or in part upon its shape or design during end use and that does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use;
(2) Products intended for personal consumption by employees in the workplace;
(3) Retail food sale establishments and all other retail trade establishments, exclusive of processing, maintenance and repair areas;
(4) A workplace where a hazardous chemical is received in a sealed package and is subsequently sold or transferred in that package if the seal remains intact while the chemical is in the workplace and if the chemical does not remain in the workplace more than fourteen (14) days, except for §§ 50-3-2010 and 50-3-2014;
(5) Any food, food additive, color additive, drug or cosmetic as the terms are defined in the federal Food, Drug, and Cosmetic Act, compiled in 21 U.S.C. § 301 et seq., or distilled spirits, wines or malt beverages as the terms are defined in the federal Alcohol Administration Act, compiled in 27 U.S.C. § 201 et seq.;
(6) A laboratory under the direct supervision or guidelines of a technically qualified individual; provided, that:
(A) Labels on containers of incoming chemicals shall not be removed or defaced;
(B) MSDSs received shall be maintained and made accessible to employees and students;
(C) The provisions of §§ 50-3-2010 and 50-3-2014 are met; and
(D) The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes; or
(7) The workplace of an agriculture employer or employer group, if the commissioner of agriculture certifies to the commissioner that the chemicals are covered by other federal or state laws and regulations.
[Acts 1985, ch. 417, § 19.]