N.J. Admin. Code § 8:59-5.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:59-5.5 - Exceptions to labeling requirements; Federal and State labeling laws

(a) The labeling requirements of 8:59-5.1 shall not apply to containers affixed with labels pursuant to the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163 ( 7 U.S.C. 136 et al.).

(b) Containers labeled with shipping names of specific substances with identification numbers from the United States Department of Transportation's Hazardous Materials Table, 49 CFR 172.101, columns 2 and 4, may be substituted for the information required by 8:59-5.1 if the name on the container is identical to the chemical or common name on the Right to Know Hazardous Substance List.

(c) Containers containing waste material shall be labeled. The information required on a label for waste material pursuant to the Federal Resource Conservation and Recovery Act (RCRA) and the New Jersey Solid Waste Management Act (SWMA) may be substituted for the information required by N.J.A.C. 8:59-5.1, even though the employer is not regulated by RCRA or SWMA.

(d) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device, including materials intended for use as ingredients in such products (for example, flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.) and regulations issued under that Act, shall be exempt from the labeling requirements of N.J.A.C. 8:59-5 when they are subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration and are in containers that are less than 55 gallons or 450 pounds.

1. All raw food materials, food additives, and finished food products intended for human or animal consumption regulated by Federal law shall be exempt from the labeling requirements of N.J.A.C. 8:59-5 regardless of the size of the container they are contained in.

2. A public employer shall make available to public employees on request, all hazardous substance fact sheets prepared by the Department relevant to the above products, including hazardous substance fact sheets on inactive ingredients as defined by the FDCA.

(e) Containers containing petroleum process streams shall be labeled. Labels for petroleum process streams may contain Chemical Abstracts Service numbers and their corresponding names included in the Toxic Substances Control Act Chemical Substances Inventory (EPA, May 1979) or in the Cumulative Supplements instead of the information required by N.J.A.C. 8:59-5.1. In addition, any substance in sources # 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, shall be indicated on the label. However, aliphatic hydrocarbons in sources # 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 other than n-hexane, need not be included on the label. A private employer shall maintain and make readily accessible to emergency responders a document that describes and identifies the contents of petroleum process streams.

(f) Electrical equipment containing dielectric fluid may be labeled according to Section 761 of the Federal Toxic Substances Control Act.

(g) Gas utility pipelines in transmission and distribution systems that meet the United States Department of Transportation's Minimum Federal Standards for Gas Lines may be labeled pursuant to those standards. A private employer shall maintain and make readily accessible to emergency responders a document that describes and identifies the contents of gas utility pipelines.

(h) Containers containing radioactive materials regulated by the Atomic Energy Act and the Nuclear Regulatory Commission may be labeled according to regulations promulgated by the Nuclear Regulatory Commission pursuant to the Atomic Energy Act.

(i) Labels on shipping containers of controlled substances regulated by the Federal Controlled Substances Act and/or the Controlled Substances Import and Export Act that purposefully do not indicate the contents of the container as controlled substances in order to guard against storage and in-transit losses may be substituted for the information required by 8:59-5.1.

(j) Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq.) and regulations issued under that Act, shall be exempt from the labeling requirements of N.J.A.C. 8:59-5 when they are subject to the labeling requirements of the Federal Alcohol Administration Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco and Firearms.

N.J. Admin. Code § 8:59-5.5

Amended by 50 N.J.R. 1036(a), effective 3/19/2018