Or. Admin. Code § 333-016-0090

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-016-0090 - Exemption from Full Labeling and Other Requirements

(1) Any person who believes a particular hazardous substance intended or packaged in a form suitable for use in the household or by children should be exempted from full label compliance otherwise applicable under the Act, because of the size of the package or because of the minor hazard presented by the substance, or for other good and sufficient reason, may submit to the Administrator a request for exemption under ORS 453.035(4), presenting facts in support of the view that full compliance is impracticable or is not necessary for the protection of the public health. The Administrator shall determine on the basis of the facts submitted and all other available information whether the requested exemption is consistent with the adequate protection of the public health and safety. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means.

(2) The Administrator may on his own initiative determine on the basis of facts available to him that a particular hazardous substance intended or packaged in a form suitable for use in the household or by children should be exempted from full labeling compliance otherwise applicable under the Act because of the size of the package or because of minor hazard presented by the substance or for other good and sufficient reason. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means.

(3) Any person who believes a particular article should be exempted from being classified as a "banned hazardous substance" as provided by ORS 453.055 because it falls within the provisions of ORS 453.035(4) may submit to the Administrator a request for exemption presenting facts in support of his contention. The Administrator shall determine on the basis of the facts submitted, and all other available information, whether the requested exemption is consistent with the purposes of the Act. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means.

(4) On his own initiative the Administrator may determine on the basis of available facts that a particular banned hazardous substance should be exempted from ORS 453.055, because it falls within the provisions of ORS 453.035(4). If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means.

(5) Any person who believes that a particular toy should be temporarily exempted from the labeling provisions of these rules promulgated in 1975 because of the minor hazard presented by the toy or for other good and sufficient reason may submit to the Administrator a request for such temporary exemption from the 1975 labeling requirements until March 30, 1976, provided that the labeling requirements of the rules in effect between August 15, 1973, and the 1975 rules will apply during the temporary exemption.

Or. Admin. Code § 333-016-0090

HD 40, f. 8-2-73, ef. 8-15-73; HD 89, f. 7-31-75, ef. 8-25-75

Stat. Auth.: ORS 453.095

Stats. Implemented: ORS 453.035 & 453.055