Exclusions From Chapter; Exclusions From Labeling Requirements

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Public Employee Hazardous Chemical Protection and Right to Know
  5. Exclusions From Chapter; Exclusions From Labeling Requirements

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  1. The provisions of this chapter shall not apply to:
    1. Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely;
    2. Alcoholic beverages as defined in Title 3;
    3. Articles intended for personal consumption by employees in the workplace;
    4. Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act, 15 U.S.C. Section 2051, et seq., and Federal Hazardous Substances Act, 15 U.S.C. Section 1261, et seq., respectively, including any such product or hazardous chemicals manufactured by any state agency, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers;
    5. Articles sold or used in retail food establishments and retail trade establishments;
    6. Chemicals which are merely being transported in the state as part of a shipment in interstate or intrastate commerce; or
    7. Chemicals or mixtures which may be hazardous but which are covered by the federal Atomic Energy Act and the federal Resource Conservation and Recovery Act.
  2. The provisions of this chapter shall not require labeling of the following chemicals:
    1. Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136, et seq., when such pesticide is subject to the labeling requirements of that federal act and labeling regulations issued under that federal act by the United States Environmental Protection Agency;
    2. Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device, including materials intended for use as ingredients in such products, as such terms are defined in the federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 301, et seq., and regulations issued under that federal act, when subject to the labeling requirements under that federal act by the Food and Drug Administration;
    3. Any distilled spirits, beverage alcohols, wine, or malt beverage intended for nonindustrial use as such terms are defined in the federal Alcohol Administration Act, 27 U.S.C. Section 201, et seq., and regulations issued under that federal act, when subject to the labeling requirements of that federal act by the United States Bureau of Alcohol, Tobacco, and Firearms; or
    4. Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act, 15 U.S.C. Section 2051, et seq., and the federal Hazardous Substances Act, 15 U.S.C. Section 1261, et seq., respectively, when subject to a consumer product safety standard or labeling requirement of those federal acts or regulations issued under those federal acts by the Consumer Product Safety Commission.

(Code 1981, §45-22-5, enacted by Ga. L. 1988, p. 1778, § 1; Ga. L. 1991, p. 1304, § 6; Ga. L. 1994, p. 97, § 45; Ga. L. 2015, p. 911, § 2/HB 278.)

The 2015 amendment, effective January 1, 2016, deleted former subsection (c), which read: "The department shall be responsible for the dissemination of appropriate information available on the nature and hazards of hazardous chemicals. The department shall promptly assist employers and employees with inquiries concerning the hazardous nature of such chemicals."

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "federal act" was substituted for "federal Act" throughout subsection (b).

RESEARCH REFERENCES

ALR.

- Preemption of state law by Consumer Product Safety Act (CPSA) (15 U.S.C.S. §§ 2051 to 2083), 14 A.L.R. Fed. 2d 501.


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