N.J. Admin. Code § 8:59-5.6
Current through Register Vol. 56, No. 24, December 18, 2024
Section 8:59-5.6 - Exclusions from the requirement to label(a) Containers containing the following categories of hazardous or other substances shall be exempt from the requirements of labeling: 1. Any article containing a hazardous or other substance if the hazardous or other substance is present in a solid form and is not used in a manner which changes its physical form, and which does not pose any acute or chronic health hazard to a public or private employee or emergency responder exposed to it;2. Any hazardous or other substance constituting less than one percent of a mixture unless the hazardous or other substance is present in an aggregate amount of 500 pounds or more in a container at a facility;3. Any hazardous or other substance that is a special health hazard substance constituting less than the threshold percentage that the Department establishes for that special health hazard substance when present in a mixture. The threshold percentage for carcinogens, mutagens, and teratogens shall be 0.1 percent;4. Any product that contains a hazardous or other substance in the same form and concentration as a product packaged for distribution and use by the general public, if the primary use container of the product is two kilograms (4.4 pounds) or two liters (0.53 gallons) or smaller. i. The container thresholds in (a)4 above shall not apply to products that contain carcinogenic, mutagenic or teratogenic substances which are listed on the Special Health Hazard Substance List. (See N.J.A.C. 8:59-10.2.) For products that are below the two kilogram/two liter threshold and contain carcinogens, mutagens or teratogens, the chemical names and Chemical Abstracts Service numbers of all carcinogens, mutagens and teratogens shall be listed on the product's label. Other ingredients do not need to be listed on the label.ii. The container thresholds in (a)4 above shall not apply to products that contain flammable, reactive or corrosive substances which are listed on the Special Health Hazard Substance List, and that meet the Special Health Hazard Substance List's criteria for flammability, reactivity or corrosivity. (See N.J.A.C. 8:59-10.2.) For products that are below the two kilogram/two liter threshold and meet the Special Health Hazard Substance List's criteria for flammability, reactivity or corrosivity, the chemical names and Chemical Abstracts Service numbers of the flammable, reactive or corrosive substances which contribute to the Special Health Hazard of the product, shall be listed on the product's label. Other ingredients do not need to be listed on the label.iii. Consumer products both above and below this threshold shall be exempt from labeling, regardless of the presence of Special Health Hazard Substances, if the product is in the same form and concentration as a product packaged for distribution and use by the general public to which a public or private employee's exposure during handling is not significantly greater than a consumer's exposure during the principal use of the product.5. Any fuel in a motor vehicle;6. Tobacco or tobacco products;7. Wood or wood products;8. Food, drugs, cosmetics, or alcoholic beverages in a retail establishment that are packaged for sale to consumers; 9. Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace;10. Materials gathered as evidence by a law enforcement agency and maintained in an evidence locker or room;11. Substances that are an integral part of a facility structure or furnishings; or12. Products that are the personal property and are for the personal use of an employee.(b) Process containers and directly associated piping, of which the contents change with the same frequency as the contents of the process containers, and sample valves from the process containers and directly associated piping, need not be labeled. This exclusion shall not apply to pipeline labeling requirements in 8:59-5.2, which regulates the labeling of valves, outlets, vents, drains, and sample connections.(c) A container that is removed from a larger container that is labeled in accordance with this subchapter, intended only for the immediate use of the employee who performs the removal, and is used up during the employee's workshift, need not be labeled.(d) Articles that are excluded by (a)1 above shall include solid articles that contain some amount of liquid or powder that, due to the design and use of the article, is not released from the article and thus does not cause any exposure to public employees and emergency responders. The following solid articles, which are examples and do not represent an exclusive list of excluded articles, meet the requirements of (a)1 above and are excluded from labeling: 8. Photocopier toners and developers in self-contained cartridges;12. Sorbent sample tubes; and(e) Consumer products that meet the requirements of (a)4 above in all cases and are excluded from labeling include typewriter correction fluid (for example, "Wite-Out," "Liquid Paper").(f) All offices that are used for office work shall be exempt from labeling containers in that office. Rooms in an office building that are used for storage of cleaning supplies, printing, storage of maintenance materials, and other non-office work activity shall not be included in this exemption.(g) All containers that are two kilograms (4.4 pounds) or two liters (0.53 gallons) or smaller shall be exempt from labeling. 1. The container thresholds in (g) above shall not apply to products that contain carcinogenic, mutagenic, or teratogenic substances that are listed on the Special Health Hazard Substance List. (See 8:59-10.2.) For products that are below the two-kilogram/two-liter threshold and contain carcinogens, mutagens, or teratogens, the chemical names and CAS numbers of all carcinogens, mutagens, and teratogens shall be listed on the product's label. Other ingredients do not need to be listed on the label.2. The container thresholds in (g) above shall not apply to products that contain flammable, reactive, or corrosive substances that are listed on the Special Health Hazard Substance List, and that meet the Special Health Hazard Substance List's criteria for flammability, reactivity, or corrosivity. (See 8:59-10.2). For products that are below the two-kilogram/two-liter threshold and meet the Special Health Hazard Substance List's criteria for flammability, reactivity, or corrosivity, the chemical names and CAS numbers of the flammable, reactive, or corrosive substances that contribute to the Special Health Hazard of the product shall be listed on the product's label. Other ingredients do not need to be listed on the label.(h) Even though public employers that comply with the PEOSH Hazard Communication Standard, 12:100-7, may not be required to label containers below the threshold set forth in (g) above according to the requirements of the Right to Know Act, the hazardous substances in these containers still have to be reported on the Right to Know Survey, and Material Safety Data Sheets and Hazardous Substance Fact Sheets still have to be maintained in the Right to Know Central File for these chemicals.N.J. Admin. Code § 8:59-5.6
Amended by 50 N.J.R. 1036(a), effective 3/19/2018