68-131-305 - Exemptions Banning and removal of toxic substances Compliance with act.
68-131-305. Exemptions Banning and removal of toxic substances Compliance with act.
(a) If the commissioner finds that, because of the size of the package involved, or because of the minor hazard presented by the substance contained in the package, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this part is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner shall promulgate regulations exempting such substances from these requirements to the extent the commissioner determines to be consistent with adequate protection of the public health and safety.
(b) If the commissioner finds the hazard of an article subject to this part is such that labeling adequate to protect the public health and safety cannot be devised, the commissioner may declare such article to be a banned toxic substance and require its removal from commerce.
(c) If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with the provisions of this part, unless the department determines that the label on an art or craft material does not satisfy the purposes of this part.
[Acts 1985, ch. 347, § 5; T.C.A., § 68-27-305.]