Current through Register Vol. 54, No. 49, December 7, 2024
(a)Purpose and scope. This chapter implements the labeling requirements under section 6 of the act (35 P. S. § 7306). This chapter governs requirements with regard to the labeling of containers of hazardous substances, hazardous mixtures, single chemicals and mixtures and the labeling of pipelines by employers and suppliers doing business in this Commonwealth. This chapter also covers hazard warnings and exemptions from the labeling requirement, including those based upon trade secrets, under section 11 of the act (35 P. S. § 7311) and Chapter 317 (relating to trade secrets).(b)Labeling exemptions.(1)Compliance with Federal statutes. If containers are labeled as required under applicable Federal statutes and regulations, this chapter does not require labeling of containers which contain the following: (i) A pesticide as the term is defined in the Federal Insecticide, Fungicide and Rodenticide Act ( 7 U.S.C.A. §§ 135-135K and 136-136y).(ii) A food, drug or cosmetic as the terms are defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321).(iii) Distilled spirits-beverage alcohols-wine or malt beverage intended for nonindustrial use as the terms are defined in the Federal Alcohol Administration Act (27 U.S.C.A. §§ 201-212).(iv) Hazardous waste from spills and disposal site rehabilitation projects handled under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901-6986) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (26 U.S.C.A. §§ 4611-4682) and (42 U.S.C.A. §§ 6911, 6911a and 9601-9657).(2)Transfer for immediate use. The employer is not required to label a container into which a chemical or mixture is transferred by the employe from labeled containers and which is intended only for the immediate use by the employe who performs the transfer.(3)Manufacturing exemption. Employers which are manufacturers are not required to meet labeling requirements contained in this chapter in their workplaces or work areas.The provisions of this § 309.1 adopted August 1, 1986, effective 8/2/1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); and 34 Pa. Code § 309.2 (relating to information required on label).