The following materials, persons or entities shall be exempt from disclosure under this chapter:
A. A material designated as a hazardous material by this chapter solely by its presence on the Nuclear Regulatory Commission list of radioactive materials shall be exempt from the requirement that a MSDS be submitted with the disclosure form.
B. Hazardous substances contained in food, drug, cosmetic or tobacco products.
C. Any person using or handling less than five hundred (500) pounds or fifty-five (55) gallons a month, whichever is the lesser, of a hazardous material shall be exempted from the requirement of disclosure of that use or handling unless the fire department has provided notice that he or she has lowered the weight or volume limits of this exemption for a specific hazardous material in response to public health concerns.
The exemption of this subsection shall not apply to the using or handling of carcinogens except to the extent that such carcinogens are handled or used solely for personal purposes.
D. Hazardous substances contained solely in consumer products packaged for use by and distributed to the general public.
E. Any person, while engaged in the transportation of hazardous materials, including storage directly incident thereto, provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of 49 Code of Federal Regulations, Subchapter c.
F. No MSDS shall be required for any hazardous substance for which an MSDS is not available at the time disclosure is required under Section 8.64.040 of this chapter, provided, however, that such MSDS shall be submitted to the fire department within fifteen (15) days after receipt by the user of the MSDS. Nothing in this subsection shall be deemed to exempt from disclosure the remaining information contained in Section 8.64.060 of this chapter. (Ord. 2000-017 § 4(a)(20); prior code § 71.01.150)