1. (a) Defined. An MSDS is a document containing chemical hazard and safe handling information that is prepared in accordance with the requirements of the Occupational Safety and Health Administration (OSHA) standard for that document. In the case of a chemical labeled under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 United States Code §136 et seq., for which an MSDS is both unavailable and not required under the federal OSHA hazard communication standard, a product label, or other document equivalent to an MSDS, which contains precautionary statements, such as hazards to humans and domestic animals, and environmental, physical, or chemical hazards, including warning statements, may serve as an MSDS.

2. (b) Responsibilities of manufacturers and distributors.

   1. (1) A registrant, chemical manufacturer, or distributor shall provide the most current appropriate MSDS, product label, or equivalent documentation to any person in this state to whom he distributes a covered pesticide chemical.
   2. (2) A chemical manufacturer or distributor shall provide, in a timely manner, the most current appropriate MSDS to covered employers upon request.
   3. (3) A registrant or chemical manufacturer shall ensure that all MSDSs for all covered pesticide chemicals he or she distributes are correct and current.
   4. (4) A registrant shall provide with his or her registration application a copy of the most current appropriate MSDS for each pesticide for which he or she is applying for registration.
   5. (5) A chemical manufacturer or distributor shall submit to the department a copy of the most current appropriate MSDS for all fertilizers with covered pesticide chemicals.
   6. (6) Retail outlets that distribute pesticide chemicals to the general public only for nonagricultural purposes are exempted from this section.

3. (c) Responsibilities of covered employers.

   1. (1) A covered employer is responsible for obtaining and maintaining the most current appropriate MSDS, product label, or equivalent documentation for each covered pesticide chemical he or she buys, applies, or causes another to apply.
   2. (2) A covered employer who has not been provided with an MSDS for a covered pesticide chemical shall request the most current appropriate MSDS product label, or equivalent documentation in writing from the manufacturer or distributor in a timely manner.
   3. (3) A covered employer shall make an MSDS, product label, or equivalent documentation for covered pesticide chemicals accessible to agricultural laborers, designated representatives, treating medical personnel, members of the community, the department, and emergency personnel in the same manner as the workplace chemical list is to be made accessible to those persons in §8.7(c) of this title (relating to Workplace Chemical List).

Source Note:The provisions of this §8.6 adopted to be effective February 14, 1989, 14 TexReg 617.