(a) Notwithstanding any language herein to the contrary, the provisions of this chapter shall not apply to chemicals which are:
(1) Consumer products and foodstuffs packaged for distribution to and intended for use by, the general public. This includes any labeled product used or stored in a workplace in the same form, approximate volume or amount, concentration and manner as it is sold to and used by the general public, provided it remains labeled in the workplace and to which, in the employers' knowledge, employee exposure is not significantly different from that of the general public during foreseeable use of the substance.
(2) Already labeled pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, as amended, (7 U.S.C. 136 et seq.) or the Food, Drug and Cosmetic Act, as amended, Atomic Energy Act of 1954, as amended, (21 U.S.C. 301 et seq.) as long as such products remain labeled in the workplace;
(3) Wastes labeled pursuant to the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) of Ohio R. C. Chapter 3734 as long as such product remain labeled as such in the workplace.
(4) Hazardous chemicals emitted or transported in interstate commerce into or through the City;
(5) Located in containers having a volume of less than one gallon of liquid.
(6) Consumer products or hazardous chemicals as those terms are defined in the consumer Products Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by the Consumer Product Safety Commission.
(7) Distilled spirits (beverage alcohols), wine or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco and Firearms.
(8) Foods, drugs, cosmetics or other substances owned by and intended for personal consumption by employees while in the workplace.
(b) Notwithstanding any language herein to the contrary, the provisions of this chapter shall not apply to hazardous chemicals during the first six days after they first enter a workplace, if, despite reasonable efforts of the employer to comply with this chapter, such substances arrive without conforming labels or material safety data sheets.
(Ord. 93-1985. Passed 11-25-85.)
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