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Are there any exemptions under Sections 311 and 312?

There are five exemptions under Sections 311 and 312. These exemptions are provided in Section 311(e) in the following order:

  1.    Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration;
  2.    Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;
  3.    Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public;
  4.    Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; and
  5.    Any substance to the extent it is used in routine agricultural operations or is fertilizer held for sale by a retailer to the ultimate customer.

There are also a number of exemptions under the OSHA Hazard Communication Standard which affect the requirement for preparing or having available an MSDS. These are listed in 29 CFR §1910.1200(b).