¹442.106 Manufacturer, importer, or distributor of toxic substance to provide material safety data sheet; mixture material safety data sheets; exceptions.--

1. (1) (a) The manufacturer, importer, or distributor of any toxic substance shall prepare and provide each direct purchaser of such toxic substance and, upon request, the secretary with a material safety data sheet which, to the best of the manufacturer's, importer's, or distributor's knowledge, is current, accurate, and complete, based on information then reasonably available to the manufacturer, importer, or distributor.
2. (b) A manufacturer, importer, or distributor who is responsible for preparing and transmitting a material safety data sheet under the provisions of this section shall revise it on a timely basis, as appropriate to the importance of any new information which would affect the contents of the existing material safety data sheet, and, in any event, within 3 months of such information's becoming available to the manufacturer, importer, or distributor.
3. (2) (a) Any person who produces a mixture may, for the purposes of this section, prepare and use a mixture material safety data sheet, subject to the provisions of s. 442.109(1).

4. (b) A manufacturer, importer, distributor, or employer may provide the information required by this section on an entire mixture, instead of on each toxic substance in it, when all of the following conditions exist:

   1. Toxicity test information exists on the mixture or adequate information exists to form a valid judgment of the toxic properties of the mixture and the material safety data sheet indicates that the information presented and the conclusions drawn are from some source other than direct test data on the mixture and that a material safety data sheet on each constituent toxic substance identified on the material safety data sheet is available upon request.

   2. The provision of information on the mixture will be as effective in protecting employee health as the provision of information on the ingredients.

   3. The toxic substances in the mixture are identified on the material safety data sheet unless it is either infeasible to describe all the ingredients in the mixture or the identity of the ingredients is a valid trade secret, in either of which cases, the reason why the toxic substances in the mixture are not identified shall be stated on the material safety data sheet.

5. (c) A single mixture material safety data sheet may be provided for more than one formulation of a product mixture if the information provided does not vary for the formulation.

6. (3) Any person who is subject to the provisions of this section shall be relieved of the obligation to provide a direct purchaser of a toxic substance with a material safety data sheet:

   1. (a) If she or he has a record that she or he has provided the direct purchaser with the most recent version of the material safety data sheet;

   2. (b) If the substance is labeled pursuant to:

      1. The Federal Insecticide, Fungicide, and Rodenticide Act;

      2. The Atomic Energy Act;

      3. The Food, Drug and Cosmetic Act; or

      4. The Resource Conservation and Recovery Act of 1976; or

   3. (c) If the toxic substance is one sold at retail and is incidentally sold to an employer or the employer's employees in the same form, approximate amount, concentration, and manner as it is sold to consumers and, to the seller's knowledge, employee exposure to the toxic substance is not significantly greater than the consumer exposure occurring during the principal consumer use of the toxic substance.

      ¹Note.--Repealed effective July 1, 2000, by s. 14, ch. 99-240.

History.--s. 6, ch. 84-223; s. 3, ch. 86-45; s. 135, ch. 97-103; s. 14, ch. 99-240.