WAC 296-839-30010   Provide MSDSs for products shipped, transferred or sold over-the-counter.  

     You must:

     • Provide the correct MSDS to manufacturers, distributors and employers:

     – With the initial shipment or transfer of the product

     AND

     – With the first shipment or transfer after an MSDS is updated

     AND

     – Whenever one is requested.

Note:	• MSDSs may be provided separately from containers as long as they are provided before or at the same time as the containers. For example, you may fax, or e-mail the MSDS.
	• You are NOT required to provide MSDSs to retailers who inform you they
	– Do not sell the product to commercial accounts
	AND
	– Do not open the sealed product containers for use in their workplace.

     You must:    

     • Follow the requirements in Table 9 for chemicals sold over-the-counter.

Table 9 Requirements for Chemicals Sold Over-the-Counter (NOT Shipped)
If you are a	Then
• Retail distributor WITH commercial accounts	• Provide an MSDS to employers with commercial accounts when requested AND • Post a sign, or otherwise inform employers, that MSDSs are available
• Retail distributor WITHOUT commercial accounts	• Provide the employer, when requested, with ALL of the following:      – Name      – Address      – Telephone number of the chemical manufacturer, importer, or distributor who can provide an MSDS
• Wholesale distributor selling products over-the-counter to employers	• Provide an MSDS to employers with commercial accounts when requested AND • Post a sign, or otherwise inform employers, that MSDSs are available

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-01-096, § 296-839-30010, filed 12/17/02, effective 6/1/03.]