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e-CFR data is current as of July 1, 2020

Title 30Chapter ISubchapter HPart 47 → Subpart J


Title 30: Mineral Resources
PART 47—HAZARD COMMUNICATION (HazCom)


Subpart J—Exemptions


Contents
§47.91   Exemptions from the HazCom standard.
§47.92   Exemptions from labeling.

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§47.91   Exemptions from the HazCom standard.

A hazardous chemical is exempt from this part under the conditions described in Table 47.91 as follows:

Table 47.91—Chemicals and Products Exempt from this HazCom Standard

Exemption Conditions for exemption
ArticleIf, under normal conditions of use, it—
   (1) Releases no more than insignificant amounts of a hazardous chemical, and
   (2) Poses no physical or health risk to exposed miners.
Biological hazardsAll biological hazards, such as poisonous plants, insects, and micro-organisms.
Consumer product or hazardous substance regulated by CPSC(1) If the miner uses it for the purpose the manufacturer intended; and
   (2) Such use does not expose the miner more often and for longer periods than ordinary consumer use.
Cosmetics, drugs, food, food additive, color additive, drinks, alcoholic beverages, tobacco and tobacco products, or medical or veterinary device or product, including materials intended for use as ingredients in such products (such as flavors and fragrances)When intended for personal consumption or use.
RadiationAll ionizing or non-ionizing radiation, such as alpha or gamma, microwaves, or x-rays.
Wood or wood products, including lumberIf they do not release or otherwise result in exposure to a hazardous chemical under normal conditions of use. For example, wood is not exempt if it is treated with a hazardous chemical or if it will be subsequently cut or sanded.

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§47.92   Exemptions from labeling.

A hazardous chemical is exempt from subpart E of this part under the conditions described in Table 47.92 as follows:

Table 47.92—Hazardous Chemicals Exempt from Labeling

Exemption Conditions for exemption
Chemical substance, consumer product, hazardous substance, or pesticideWhen kept in its manufacturer's or supplier's original packaging labeled under other federal labeling requirements.
Hazardous substanceWhen the subject of remedial or removal action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in accordance with EPA regulations.
Hazardous wasteWhen regulated by EPA under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act.
Raw material being mined or processedWhile on mine property, except when the container holds a mixture of the raw material and another hazardous chemical and the mixture is found to be hazardous under §47.21—Identifying hazardous chemicals.
Wood or wood products, including lumberWood or wood products are always exempt from labeling.

[67 FR 42383, June 21, 2002; 67 FR 42366, Sept. 11, 2002; 67 FR 63255, Oct. 11, 2002]

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