Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0090 - Exemption from Full Labeling and Other Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS 453.035 &
				  453.055