Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 41. WORKER AND COMMUNITY RIGHT-TO-KNOW ACT
Date:
08/31/2009
Document:
§ 7318. Special applications
(a) EXEMPTIONS. --Notwithstanding any language to the contrary, the provisions of this act shall not apply to the following:
(1) An article.
(2) Products intended for personal consumption by employees in the
workplace.
(3) Consumer products packaged in containers which are primarily
designed for distribution to, and use by, the general public.
(4) Foods, drugs and cosmetics as defined in the Federal Food, Drug and
Cosmetic Act (21 U.S.C. § 301 et seq.).
(b) RESEARCH AND DEVELOPMENT LABORATORY. --A research and development laboratory as defined in this act shall not be required to comply with sections 3, 4, 5(b) and (g), 6 and 7(a)(1). In addition, said research and development laboratory shall not be required to develop new Material Safety Data Sheets for new or experimental chemicals created in the laboratory, but shall make available Material Safety Data Sheets for chemicals otherwise acquired from manufacturers, suppliers and importers.
(c) HANDLING SEALED PACKAGES. --An employer which stores, warehouses or transports sealed packages, and which is not the manufacturer, supplier or importer of the chemical or chemicals contained therein, shall not be required to comply with sections 3(e) and (g), 5(e), 6 and 7 with respect to sealed packages, provided the seals remain intact while the packages are in the employer's possession and control, and said employer subsequently transfers possession and control of said sealed packages to another person within 20 days. A sealed package may be opened to examine the contents for emergency or safety reasons, and Federal authorities may open the sealed package for examination.
(d) EMPLOYERS WITHOUT EMPLOYEES. --An employer shall not be required to comply with the requirements of sections 3(e), 5(e), 6(a)(1) through (5), 6(b) through (g), 7 and 8 for any period of time during which the employer does not have any present employees.
(e) PROTECTION OF PROPRIETARY INFORMATION. --Nothing in this act shall be construed as requiring the disclosure of process or percentage of mixture information which is a trade secret.
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