S.C. Code Regs. § § 5-405
Current through Register Vol. 48, No. 11, November 22, 2024
Section 5-405 - Exemption from Full Labeling and Other Requirements(a) Any person who believes a particular hazardous substance in a container 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 Commissioner a request for exemption under Section 23-39-30(c), presenting facts in support of the view that full compliance is impracticable or is not necessary for the protection of the public health. The Commissioner shall determine on the basis of the facts submitted and all other available information whether the requested exemption is consistent with adequate protection of the public health and safety.(b) The Commissioner 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 the minor hazard presented by the substance, or for other good and sufficient reason.(c) Any person who believes a particular article should be exempted from being classified as a "banned hazardous substance" as defined by Section 23-39-20(p)(1)(a), because its functional purpose requires inclusion of a hazardous substance, it bears labeling giving adequate directions and warnings for safe use, and it is intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings, may submit to the Commissioner a request for exemption under Section 23-39-20(p)(b)(i), presenting facts in support of his contention. The Commissioner 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.(d) On his own initiative the Commissioner may determine on the basis of available facts that a particular banned hazardous substance should be exempted from Section 23-39-20(p)(1)(a), because its functional purpose requires inclusion of a hazardous substance, it bears labeling giving adequate directions and warnings for safe use, and it is intended for use by children who have obtained sufficient maturity, and may reasonably be expected to read and heed such directions and warnings.