Or. Admin. Code § 333-016-0095

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-016-0095 - Exemptions for Small Packages, Minor Hazards, and Special Circumstances

The following exemptions are granted for the labeling of hazardous substances under the provisions of OAR 333-016-0090:

(1) When the sole hazard from a substance in a self-pressurized container is that it generates pressure or when the sole hazard from a substance is that it is flammable or extremely flammable, the name of the component which contributes the hazard need not be stated.

(2) Common matches, including book matches, wooden matches, and so-called "safety" matches are exempted from the labeling requirements of ORS 453.035(2) insofar as they apply to the product being considered hazardous because of being "flammable" or "extremely flammable" as defined in OAR 333-016-0005.

(3) Paper items such as newspapers, wrapping papers, toilet and cleansing tissues, and paper writing supplies are exempted from the labeling requirements of ORS 453.005 to 453.135 insofar as they apply to the products being considered hazardous because of being "flammable" or "extremely flammable" as defined in OAR 333-016-0005.

(4) Thread, string, twine, rope, cord, and similar materials are exempted from the labeling requirements of ORS 453.035(2) insofar as they apply to the products being considered hazardous because of being "flammable" or "extremely flammable" as defined in OAR 333-016-0005.

(5) Laboratory chemicals intended only for research or investigational and other laboratory uses (except those in home chemistry sets) shall be exempt from the requirements of placement provided in OAR 333-016-0115 if all information required by this section and the Act are placed with the required prominence on the label panel adjacent to the main panel.

(6) Small-arms ammunition packaged in retail containers is exempted from the labeling requirements of ORS 453.035(2), provided that such containers bear the following label statements:

(a) The common or usual name of the ammunition in the container;

(b) The statement: "Warning -- Keep out of the reach of children" or its practical equivalent;

(c) The name and place of business of the manufacturer, packer, seller, or distributor;

(d) The term "ammunition" as used in this paragraph includes small-arms ammunition and loads for powder-actuated tools in a form ready for use in a pistol, revolver, rifle, shotgun, or powder-actuated tool, including blank cartridges and shells.

(7) Rigid or semi-rigid ball-point ink cartridges are exempt from the labeling requirements of ORS 453.035(2) insofar as such requirements would be necessary because the ink contained therein is a "toxic" substance as defined in OAR 333-016-0005, provided that:

(a) The ball-point ink cartridge is of such construction that the ink will, under any reasonably foreseeable conditions of manipulation or use, emerge only from the ball-point end;

(b) When tested by the method described in OAR 333-016-0005, the ink does not have an LD 50 single oral dose of less than 500 milligrams per kilogram of body weight of the test animal;

(c) The cartridge does not have a capacity of more than two grams of ink.

(8) Containers of paste shoe waxes, paste auto waxes, and paste furniture and floor waxes containing toluene (also known as toluol), xylene (also known as xylol), petroleum distillates, and/or turpentine in the concentrations described in OAR 333-016-0065 are exempt from the labeling requirements of OAR 333-016-0065 if the viscosity of such products is sufficiently high that they will not flow from their opened containers when inverted for five minutes at a temperature of 80 degrees Fahrenheit and are exempt from bearing a flammability warning statement if the flammability of such waxes is due solely to the presence of solvents which have flashpoints above 80 degrees Fahrenheit when tested by the method described in OAR 333-016-0035.

(9) Porous-tip ink marking devices are exempt from the labeling requirements of ORS 453.035(2) and OAR 333-016-0065 insofar as such requirements would be necessary because the ink contained therein is a toxic substance as defined in OAR 333-016-0005 and/or because the ink contains ten percent or more by weight of toluene (also known as toluol), xylene (also known as xylol), or petroleum distillates as defined in 333-016-0065 and/or because the ink contains ten percent or more by weight of ethylene glycol, provided that:

(a) The porous-tip ink marking devices are of such construction that the ink is held within the device by an absorbent material so that there is no free liquid within the device, and under any reasonably foreseeable conditions of manipulation and use including reasonably foreseeable abuse by children, the ink will emerge only through the porous writing nib of the device; and

(b)

(A) The device has a capacity of not more than 10 grams of ink, and the ink, when tested by methods described in OAR 333-016-0005 has an LD 50 single oral dose of not less than 2.5 grams per kilogram of body weight of the test animal; or

(B) The device has a capacity of not more than 12 grams of ink, and the ink, when tested by methods described in OAR 333-016-0005 has an LD 50 single oral dose of not less than 3.0 grams per kilogram of body weight of the test animal.

(10) Viscous nitrocellulose-base adhesives containing more than four percent methyl alcohol by weight are exempted from the label statement: "Cannot be made nonpoisonous" required by OAR 333-016-0065, provided that:

(a) The total amount of methyl alcohol by weight in the product does not exceed 15 percent; and

(b) The contents of any container does not exceed two fluid ounces.

(11) Packages containing polishing or cleaning products which consist of a carrier of solid particulate or fibrous composition and which contain toluene (also known as toluol), xylene (also known as xylol), petroleum distillates in the concentrations described in OAR 333-016-0065 are exempt from the labeling requirements of OAR 333-016-0065 provided that such toluene, xylene, or petroleum distillates are fully absorbed by the solid, semi-solid, or fibrous carrier and cannot be expressed therefrom with any reasonably foreseeable conditions of manipulation.

(12) Containers of dry ink intended to be used as a liquid ink after the addition of water are exempt from the labeling requirements of ORS 453.035(2) and OAR 333-016-0065, insofar as such requirements would be necessary because the dried ink contained therein is a toxic substance as defined in OAR 333-016-0005 and/or because the ink contains ten percent or more by weight of ethylene glycol as defined in OAR 333-016-0065, provided that:

(a) When tested by the method described in OAR 333-016-0005, the dry ink concentrate does not have an LD 50 single oral dose of less than one gram per kilogram of body weight of the test animal;

(b) The dry ink concentrate enclosed in a single container does not weigh more than 75 milligrams;

(c) The dry ink concentrate does not contain over 15 percent by weight of ethylene glycol.

(13) Containers of liquid and semi-solid substances such as viscous-type paints, varnishes, lacquers, roof coating, rubber-vulcanizing preparations, floorcovering adhesives, glazing compounds, and other viscous products containing toluene (also known as toluol), xylene (also known as xylol), or petroleum distillates in concentrations described in OAR 333-016-0065 are exempt from the labeling requirements of OAR 333-016-0065 insofar as that paragraph applies to such toluene, xylene, or petroleum distillates, provided that the viscosity of the substances, or any liquid that may separate or be present in the container, is not less than 150 Saybolt Universal seconds at 100 degrees Fahrenheit.

(14) Customer-owned portable containers that are filled by retail vendors with gasoline, kerosene (kerosene), or other petroleum distillates are exempt from the provision of ORS 453.035(2)(i) which requires that the name and place of business of the manufacturer, distributor, packer, or seller appear on the label of such containers, provided that all the other label statements required by ORS 453.035(2) and OAR 333-016-0065 appear on the labels of containers of the substances named in this paragraph.

(15) Cellulose sponges are exempt from the labeling requirements of ORS 453.035(2) and OAR 333-016-0065 insofar as such requirements would be necessary because they contain ten percent or more of diethylene glycol as defined in OAR 333-016-0065, provided that:

(a) The cellulose sponge does not contain over 15 percent by weight of diethylene glycol;

(b) The diethylene glycol content is completely held by the absorbent cellulose material so that there is no free liquid within the sponge as marketed.

(16) Containers of substances which include salt (sodium chloride) as a component are exempt from the labeling requirements of ORS 453.035(2) insofar as such requirements would be necessary because the salt contained therein is present in a quantity sufficient to render the article "toxic" as defined in OAR 333-016-0005, provided that the labels of such containers bear a conspicuous statement that the product contains salt.

(17) The labeling of substances containing ten percent or more of ferrous oxalite is exempt from the requirement of OAR 333-016-0145 provided that it bears the word "poison" which would otherwise be required for such concentration of a salt of oxalic acid.

(18) Packages containing articles intended as single-use spot removers, and which consist of a cotton pad or other absorbent material saturated with a mixture of dry-cleaning solvents, are exempt from the labeling requirements of ORS 453.035(2) insofar as they apply to the "flammable" hazard as defined in OAR 333-016-0005, provided that:

(a) The article is packaged in a sealed foil envelope;

(b) The total amount of solvent in each package does not exceed 4.5 milliliters;

(c) The article will ignite only when in contact with an open flame, and when so ignited, the article burns with a sooty flame.

(19) Packages containing article intended as single-use spot removers and which consist of a cotton pad or other absorbent material containing methyl alcohol, are exempted from the labeling requirements of OAR 333-016-0065, provided that:

(a) The total amount of cleaning solvent in each package does not exceed 4.5 milliliters, of which not more than 25 percent is methyl alcohol;

(b) The liquid is completely held by the absorbent materials so that there is no free liquid within the packages marketed.

(20) Cigarette lighters containing petroleum distillate fuel are exempt from the labeling requirements of ORS 453.035(2) and OAR 333-016-0065, insofar as such requirements would be necessary because the petroleum distillate contained therein is "flammable" and because the substance is named in 333-016-0065 of the rules as requiring special labeling, provided:

(a) That such lighters contain not more than ten cubic centimeters of fuel at the time of sale; and

(b) That such fuel is contained in a sealed compartment that cannot be opened without the deliberate removal of the flush-set, screw-type refill plug of the lighter.

(21) Containers of dry granular fertilizers and dry granular plant foods are exempt from the labeling requirements of ORS 453.035(2) insofar as such requirements would be necessary because the fertilizer or plant food contained therein is a toxic substance as defined in OAR 333-016-0005, provided that:

(a) When tested by the method described in 333-016-0005, the product has an LD 50 single dose of not less than 3.0 grams per kilogram of body weight of the test animal;

(b) The label of any such exempt dry granular fertilizers discloses the identity of each of the hazardous ingredients;

(c) The label bears the name and address of the manufacturer, packer, distributor, or seller; and

(d) The label bears the statement "Keep out of the reach of children" or its practical equivalent.

(22) Small, plastic capsules containing a paste composed of powdered metal solder mixed with a liquid flux are exempt from the requirements of ORS 453.035(2), provided that:

(a) The capsule holds not more than one-half milliliter of the solder mixture;

(b) The capsule is sold only as a component of a kit; and

(c) Adequate caution statements appear on the carton of the kit and on any accompanying labeling which bears directions for use.

(23) Chemistry sets and other science education sets intended primarily for use by juveniles, and replacement containers of chemicals for such sets, are exempt from the requirements of ORS 453.035(2), provided that:

(a) The immediate container of each chemical that is hazardous as defined in the Act and rules bears on its main panel the name of such chemicals, the appropriate signal word for that chemical, and the additional statement, "Read back panel before using" (or "Read side panel before using" if appropriate) and bears on the back (or side) panel of the immediate container the remainder of the appropriate cautionary statement for the specific chemical in the container;

(b) The experiment manual or other instruction booklet accompanying such set bears on the front page of the leaflet as a preface to any written matter in the leaflet (or on the cover, if there is any) the following caution statement within the borders of a rectangle and in the type size specified in OAR 333-016-0115: WARNING: This set contains chemicals that may be harmful if misused. Read cautions on individual containers carefully. Not to be used by children except under adult supervision.

(c) The outer carton of such set bears on the main display panel within the borders of a rectangle and in the type size specified in OAR 333-016-0115 the caution statement specified in subsection (b) of this subparagraph.

(24) Fire extinguishers containing fire extinguishing agents which are stored under pressure or which develop pressure under normal conditions of use are exempt from the labeling requirements of ORS 453.035(2) insofar as such requirements apply to the pressure hazard as defined in OAR 333-016-0005(13), provided that:

(a) If the container is under pressure both during storage and under conditions of use, it shall be designed to withstand a pressure of at least six times the charging pressure at 70 degrees Fahrenheit, except that carbon dioxide extinguishers shall be constructed and tested in accordance with applicable Interstate Commerce Commission specifications; or

(b) If the container is under pressure only during conditions of use, it shall be designed to withstand a pressure of not less than five times the maximum pressure developed under closed-nozzle conditions at 70 degrees Fahrenheit or one and one-half times the maximum pressure developed under closed-nozzle conditions at 120 degrees Fahrenheit, whichever is greater.

(25) Cleaning and spot removing kits intended for use in cleaning carpets, furniture, and other household objects; kits intended for use in coating, painting, antiquing, and similarly processing furniture, furnishings, equipment, sidings, and various other surfaces; and kits intended for use in photographic color processing are exempt from the requirements of ORS 453.035(2) and OAR 333-016-0065, provided that:

(a) The immediate container of each hazardous substance in the kit is fully labeled and in conformance with the requirements of the Act and rules issued thereunder;

(b) The carton of the kit bears on the main display panel (or panels) within a borderline, and in the type size specified in OAR 333-016-0115, the following caution statement: "(Insert proper signal word as specified in subsection (c) of this rule). This kit contains the following chemicals that may be harmful if misused: (List hazardous chemical components by name). Read cautions on individual containers carefully. Keep out of the reach of children"; and

(c) If either the word "POISON" or "DANGER" is required in the labeling of any component or components in the kit, the word "POISON" shall be used. In all other cases, the word "WARNING" or "CAUTION" shall be used.

(26) Packages containing articles intended as single use spot removers and containing methyl alcohol are exempt from the labeling specified in OAR 333-016-0065, provided that:

(a) The total amount of cleaning solvent in each unit does not exceed one milliliter, of which not more than 40 percent is methyl alcohol;

(b) The liquid is contained in a sealed glass ampoule enclosed in a plastic container with a firmly attached absorbent wick at one end through which the liquid from the crushed ampoule must pass, under the contemplated conditions of use;

(c) The labeling of each package of the cleaner bears the statement, "Warning: Keep out of the reach of children." or its practical equivalent, and the name and place of business of the manufacturer, packer, distributor, or seller.

(27) Packaged fireworks assortments intended for retail distribution are exempt from ORS 453.035(2), provided that:

(a) The package contains only fireworks devices exempted under ORS 480.110 to 480.165;

(b) Each individual article in the assortment is fully labeled and in conformance with the requirements of the Act and rules issued thereunder; and

(c) The outer package bears on the main display panel (or panels) within the borders of a rectangle and in the type size specified in 333-016-0115 the following caution statement: "Warning: This assortment contains items that may be hazardous if misused and should be used only under adult supervision. Important: Read cautions on individual items carefully".

(28) Packages containing felt pads impregnated with ethylene glycol are exempt from the labeling requirements of 333-016-0065, provided that:

(a) The total amount of ethylene glycol in each pad does not exceed one gram; and

(b) The liquid is held by the felt pad so that there is no free ethylene glycol within the package.

(29) Cigarette lighters containing butane and/or isobutane fuel are exempt from the labeling requirements of ORS 453.035(2) insofar as such requirements would otherwise be necessary because the fuel therein is extremely flammable under pressure, provided that:

(a) The lighters contain not more than 12 grams of fuel at the time of sale;

(b) The fuel reservoir is designed to withstand a pressure of at least one and one-half times the maximum pressure which will be developed in the container at 120 degrees Fahrenheit.

(30) The outer retail containers of solder kits each consisting of a small tube of flux partially surrounded by a winding of wire-type cadmium-free silver solder are exempt from the labeling requirements of ORS 453.035(2), provided that:

(a) The metal solder contains no cadmium and is not otherwise hazardous under the provisions of the Act;

(b) The tube of flux in the kit is fully labeled and in conformance with the Act and rules thereunder, and any accompanying literature which bears directions for use also bears all the information required by ORS 453.035(2);

(c) The main panel of the outer container bears in type size specified in OAR 333-016-0115 the following: The signal word, the statement of principal hazard or hazards, the statement, "Keep out of the reach of children" or its practical equivalent, and instructions to read other cautionary instructions on the tube of flux within.

(31) Visual novelty devices consisting of sealed units, each of which unit is a steel or glass cell containing perchloroethylene, among other things, are exempted from the requirements of OAR 333-016-0115 that would otherwise require a portion of the warning statement to appear on the glass face of the device, provided that:

(a) The device contains not more than 105 milliliters of perchloroethylene and contains no other component that contributes substantially to the hazard;

(b) The following cautionary statement appears on the device (other than on the bottom) in the type size specified in OAR 333-016-0115: "Caution: If broken, resultant vapors may be harmful. Contains perchloroethylene. Do not expose to extreme heat. If broken indoors, open windows and doors until all odor of chemical is gone. Keep out of the reach of children." A practical equivalent may be substituted for the statement "Keep out of the reach of children".

(32) Hollow plastic toys containing mineral oil are exempt from the labeling specified in OAR 333-016-0065 under the following conditions:

(a) The article contains no other ingredient that would cause it to possess the aspiration hazard specified in OAR 333-016-0065;

(b) The article contains not more than six fluid ounces of mineral oil;

(c) The mineral oil has a viscosity of at least 70 S.U.S. at 100 degrees Fahrenheit;

(d) The mineral oil meets the specifications in the N.F. for light liquid petrolatum;

(e) The container bears the statement "Caution: Contains light liquid petrolatum N.F. Discard if broken or leak develops".

(33) Containers of mineral oil having a capacity of not more than one fluid ounce and intended for use in producing a smoke effect for toy trains are exempt from the labeling specified in 333-016-0065 under the following conditions:

(a) The mineral oil meets the specifications in the N.F. for light liquid petrolatum;

(b) The mineral oil has a viscosity of at least 130 S.U.S. at 100 degrees Fahrenheit;

(c) The article contains no other ingredient that contributes to the hazard;

(d) The label declares the presence of light liquid petrolatum and the name and place of business of the manufacturer, packer, distributor, or seller.

(34) Viscous products containing more than four percent by weight of methyl alcohol, such as adhesives, asphalt-base roof and tank coatings, and similar products are exempt from bearing the special labeling that would otherwise be required by OAR 333-016-0065, provided that:

(a) The product contains not more than 15 percent by weight of methyl alcohol;

(b) The methyl alcohol does not separate from the other ingredients upon standing or through any foreseeable use or manipulation;

(c) The viscosity of the product is not less than 7,000 centipoises at 77 degrees Fahrenheit, unless the product is packaged in a pressurized container and is dispensed as a liquid unsuitable for drinking;

(d) Labeling bears the statement, "Contains methyl alcohol -- Use only in well-ventilated area -- Keep out of the reach of children".

(35) Individual blasting caps are exempt from bearing the statement, "Keep out of the reach of children" or its practical equivalent, provided that:

(a) Each cap bears conspicuously in the largest type size practicable the statement, "DANGEROUS -- BLASTING CAPS -- EXPLOSIVE";

(b) The outer carton and any accompanying printed matter bear appropriate complete cautionary labeling.

(36) Individual toy rocket propellant devices and separate delay train and/or recovery system activation devices intended for use with premanufactured model rocket engines are exempted from bearing the full labeling required by ORS 453.035(2) insofar as such requirements would otherwise be necessary because the articles are flammable or generate pressure, provided that:

(a) The devices are designed and constructed in accordance with the specifications in OAR 333-016-0105(6);

(b) Each individual device or retail package of devices bears the following:

(A) The statement, "Warning -- Flammable. Read instructions before use";

(B) The common or usual name of the article;

(C) A statement of the type of engine and use classification;

(D) Instructions for safe disposal;

(E) Name and place of business of manufacturer or distributor.

(c) Each individual rocket engine or retail package of rocket engines distributed to users is accompanied by an instruction sheet bearing complete cautionary labeling and instructions for safe use and handling of the individual rocket engines.

Or. Admin. Code § 333-016-0095

HD 40, f. 8-2-73, ef. 8-15-73

Stat. Auth.: ORS 453.095

Stats. Implemented: ORS 453.005 & 453.035