Under EPCRA Section 311 the following chemicals are exempt from the reporting requirements and as such shall be excluded from this article:
(1) Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration (“FDA”).
(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
(3) Any substance to the extent it is used for personal, family, and household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
(4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. Substances such as fuel oil, natural gas, etc. used for normal facility operations are not exempt. Exterior storage of TPQ or above are not exempt.
(5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. Pesticides and Herbicides are not exempt for retailers. Agricultural hazardous substances that are being transported over a public highway to an agricultural location are not exempt.
(Ord. 4295, § 6, passed 6-16-2009)