New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.6 - Exclusions from the requirement to label

Current through Register Vol. 56, No. 14, July 15, 2024
(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
				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 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; or
12. Products that are the personal property and
				are for the personal use of an employee.