OAR 333-016-0090
Exemption from Full Labeling and Other Requirements

(1)

Any person who believes a particular hazardous substance 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 Administrator a request for exemption under ORS 453.035 (Standards for labeling of hazardous substances)(4), presenting facts in support of the view that full compliance is impracticable or is not necessary for the protection of the public health. The Administrator shall determine on the basis of the facts submitted and all other available information whether the requested exemption is consistent with the adequate protection of the public health and safety. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means.

(2)

The Administrator 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 minor hazard presented by the substance or for other good and sufficient reason. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means.

(3)

Any person who believes a particular article should be exempted from being classified as a “banned hazardous substance” as provided by ORS 453.055 (Hazardous, banned hazardous, misbranded hazardous substances) because it falls within the provisions of ORS 453.035 (Standards for labeling of hazardous substances)(4) may submit to the Administrator a request for exemption presenting facts in support of his contention. The Administrator 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. If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means.

(4)

On his own initiative the Administrator may determine on the basis of available facts that a particular banned hazardous substance should be exempted from ORS 453.055 (Hazardous, banned hazardous, misbranded hazardous substances), because it falls within the provisions of ORS 453.035 (Standards for labeling of hazardous substances)(4). If he so finds, he shall detail the exemption granted and the reasons therefore by an appropriate means.

(5)

Any person who believes that a particular toy should be temporarily exempted from the labeling provisions of these rules promulgated in 1975 because of the minor hazard presented by the toy or for other good and sufficient reason may submit to the Administrator a request for such temporary exemption from the 1975 labeling requirements until March 30, 1976, provided that the labeling requirements of the rules in effect between August 15, 1973, and the 1975 rules will apply during the temporary exemption.

Source: Rule 333-016-0090 — Exemption from Full Labeling and Other Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-0090.

333‑016‑0005
Definitions 333‑016‑0010
Human Experience with Hazardous Substances 333‑016‑0015
Hazardous Mixtures 333‑016‑0020
Testing Procedures for Hazardous Substances 333‑016‑0025
Method of Testing Primary Irritant Substances 333‑016‑0030
Test for Eye Irritants 333‑016‑0035
Tentative Method of Test for Flashpoint of Volatile Flammable Materials by Tagliabue Open-Cup Apparatus 333‑016‑0040
Method for Determining Extremely Flammable and Flammable Solids 333‑016‑0045
Method for Determining Extremely Flammable and Flammable Contents of Self-Pressurized Containers 333‑016‑0050
Method for Determining Flashpoint of Extremely Flammable Contents of Self-Pressurized Containers 333‑016‑0055
Method for Determining the Sound Pressure Level Produced by Toy Caps 333‑016‑0056
Test Methods for Simulating Use and Abuse, Toys, Games, and Other Articles Intended for Use by Children 333‑016‑0057
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children 18 Months of Age or Less 333‑016‑0058
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children Over 18 But not Over 36 Months of Age 333‑016‑0059
Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children Over 36 But Not Over 96 Months of Age 333‑016‑0060
Products Declared to be Hazardous Substances Under ORS 453.055(1) 333‑016‑0065
Products Requiring Special Labeling Under ORS 453.055(2) 333‑016‑0070
Labeling of Fire Extinguishers 333‑016‑0075
Banned Hazardous Substances 333‑016‑0077
Pointed Objects in Food Items of Particular Appeal to Children 333‑016‑0080
Toys and Other Articles Intended for Use by Children 333‑016‑0082
Repurchase of Banned Hazardous Substances 333‑016‑0085
Exemptions for Foods, Drugs, Cosmetics, and Fuels 333‑016‑0090
Exemption from Full Labeling and Other Requirements 333‑016‑0095
Exemptions for Small Packages, Minor Hazards, and Special Circumstances 333‑016‑0100
Exemption for Unlabeled Containers 333‑016‑0105
Exemptions from Classification as Banned Hazardous Substances 333‑016‑0110
Labeling of Toys, Including Games 333‑016‑0115
Labeling Requirements, Placement, Conspicuousness, Contrast 333‑016‑0120
Deceptive Use of Disclaimers 333‑016‑0125
Condensation of Label Information 333‑016‑0130
Labeling Requirements for Accompanying Literature 333‑016‑0135
Substances Determined to be “Special Hazards” (e.g., to children) 333‑016‑0140
Substances with Multiple Hazards or Other Special Hazards 333‑016‑0145
For the Following Substances and at the Following Concentrations, the Word “Poison” Is Necessary Instead of Any Signal Word 333‑016‑0150
Self-Pressurized Containers 333‑016‑0155
Methyl Alcohol-Base Radiator Antifreeze 333‑016‑0160
Ethylene Glycol-Base Radiator Antifreeze 333‑016‑0165
Extremely Flammable Contact Adhesives 333‑016‑0170
Procedural Rules 333‑016‑0175
Prohibited Acts and Penalties 333‑016‑0180
Guaranty 333‑016‑0185
Examinations and Investigations 333‑016‑0190
“Administrator” Intended to Include “State Public Health Officer” 333‑016‑2001
Toxic Free Kids Program 333‑016‑2010
Definitions 333‑016‑2020
Chemicals of High Concern to Children 333‑016‑2030
Modifications to the List of High Priority Chemicals of Concern for Children’s Health 333‑016‑2035
Manufacturer Disclosure of High Priority Chemicals of Concern for Children’s Health Used in Children’s Products: Practical Quantification Limits 333‑016‑2060
Notification Requirements 333‑016‑2065
Formal Communications Regarding Toxic Free Kids 333‑016‑2070
Exemptions from Notice Requirement 333‑016‑2080
Fees 333‑016‑3010
Removal or Substitution of High Priority Chemicals 333‑016‑3015
Exemptions from Removal or Substitution Requirements 333‑016‑3020
Requirements for Chemical Substitution 333‑016‑3030
Hazard Assessment for Substitute Chemicals 333‑016‑3040
Waiver from Removal or Substitution Requirement 333‑016‑3050
Quantitative Exposure Assessment 333‑016‑3060
Alternatives Assessment 333‑016‑3070
Trade Secrets 333‑016‑3080
Enforcement and Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-016-0090’s source at or​.us