WAC 296-839-40005   Label containers of hazardous chemicals.  

     Exemption:

     Containers are exempt from this section if ALL hazardous contents are listed in Table 11.

     You must:

     • Make sure every container of hazardous chemicals leaving the workplace is properly labeled. This includes ALL of the following:

     – The identity of the hazardous chemical (the chemical or common name) that matches the identity used on the MSDS

     – An appropriate hazard warning

     – The name and address of the chemical manufacturer, importer, or other responsible party

     – Make sure labeling does not conflict with the requirements of:

     ▪ The Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.)

     AND

     ▪ Regulations issued under the act by the U.S. Department of Transportation (Title 49 of the Code of Federal Regulations, Parts 171 through 180). See http://www.dot.gov

     – Revise labels within three months of becoming aware of new and significant information about chemical hazards

     – Provide revised labels on containers beginning with the first shipment after a revision, to manufacturers, distributors or employers

     – Revise the label when a chemical is not currently used, produced or imported, before:

     ▪ You resume shipping (or transferring) the chemical

     OR

     ▪ The chemical is reintroduced in the workplace

     – Label information

     ▪ Clearly written in English

     AND

     ▪ Prominently displayed on the container

Note:

When the conditions specified in Table 10 are met for the solid material products listed you are not required to provide labels for every shipment.

Table 10 Labeling for Solid Materials
You need only send labels with the first shipment, IF the product is	And
Whole grain	• It is shipped to the same customer AND • No hazardous chemicals are part of or known to be present with the product which could expose employees during handling      – For example, cutting fluids on solid metal, and pesticides with grain
Solid untreated wood
Solid metal For example: Steel beams, metal castings
Plastic items

     Exemptions:

     The chemicals (and items) listed in Table 11 are EXEMPT from THIS SECTION under the conditions specified. Requirements in other sections still apply.

Table 11 Conditional Label Exemptions
This section does not apply to	When the product is
• Pesticides      – Meeting the definition of "pesticides" in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (see Title 7, U.S.C. Chapter 6, Subchapter II, section 1361)	• Subject to      – Labeling requirements of FIFRA1 AND      – Labeling regulations issued under FIFRA by the United States Environmental Protection Agency (EPA) (see Title 40 of the Code of Federal Regulations2)
• A chemical substance or mixture      – Meeting the definition of "chemical substance" or "mixture" in the Toxic Substance Control Act (TSCA) (see Title 15 U.S.C. Chapter 53, Subchapter II, Section 26021)	• Subject to      – Labeling requirements of TSCA1 AND      – Labeling requirements issued under TSCA by the EPA (see Title 40 of the Code of Federal Regulations2)
• Each of the following:      – Food      – Food additives      – Color additives      – Drugs      – Cosmetics      – Medical devices or products      – Veterinary devices or products      – Materials intended for use in these products (for example: Flavors, and fragrances) • As defined in      – The Federal Food, Drug, and Cosmetic Act (see Title 21 U.S.C. Chapter 9, Subchapter II, Section 3211) OR      – Or the Virus-Serum Toxin Act of 1913 (see Title 21 U.S.C. Chapter 5, Section 151 et seq.1) OR      – Regulations issued under these acts (see Title 21 Part 101 in the Code of Federal Regulations, and Title 9, in the Code of Federal Regulations3)	• Subject to:      – Labeling requirements in Federal Food, Drug, and Cosmetic Act, Virus-Serum Toxin Act of 1913, and issued regulations enforced by the United States           ▪ Food and Drug Administration (see Title 21 Parts 101-180 in the Code of Federal Regulations3) OR           ▪ Department of Agriculture (see Title 9, in the Code of Federal Regulations3)
• Each of the following:      – Distilled spirits (beverage alcohols) AND      – Wine AND      – Malt beverage • As defined in      – The Federal Alcohol Administration Act (see Title 27 U.S.C. Section 2011) AND      – Regulations issued under this act (see Title 27 in the Code of Federal Regulations)3	• Subject to:      – Labeling requirements of Federal Alcohol      Administration Act1 AND      – Labeling regulations issued under Federal Alcohol Administration Act by the Bureau of Alcohol, Tobacco, and Firearms (see Title 27 in the Code of Federal Regulations3)
• Consumer products AND • Hazardous substances      – As defined in           ▪ The Consumer Product Safety Act (see 15 U.S.C. 2051 et seq.1) AND           ▪ The Federal Hazardous Substances Act (see 15 U.S.C. 1261 et seq.¹)	• Subject to:      – A consumer product safety or labeling requirement of the Consumer Product Safety Act or Federal Hazardous Substances Act1 OR      – Regulations issued under these acts by the Consumer Product Safety Commission (see Title 16 in the Code of Federal Regulations3)
• Agricultural seed AND • Vegetable seed treated with pesticides	• Labeled as required by      – The Federal Seed Act (see Title 7 U.S.C. Chapter 37 Section 1551 et seq.1) AND      – Labeling requirements issued under Federal Seed Act by the United States Department of Agriculture1

	1This federal act is included in the United States Code. See http://www.access.gpo.gov/uscode/uscmain.html
	2See http://www.epa.gov
	3See http://www.access.gpo.gov/nara/cfr/index.html

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-08-087, § 296-839-40005, filed 4/4/06, effective 9/1/06; 03-01-096, § 296-839-40005, filed 12/17/02, effective 6/1/03.]