OAR 333-016-0100
Exemption for Unlabeled Containers


(1)

Except as provided by sections (2) and (3) of this rule, a shipment or other delivery of a hazardous substance that, in accordance with the practice of the trade is to be labeled in substantial quantity at an establishment other than that where originally manufactured or packed, shall be exempt during the time of introduction into the movement in commerce within this state during the time of holding in that establishment from compliance with the labeling requirement of ORS 453.035 (Standards for labeling of hazardous substances)(2) if:

(a)

The person who introduced the shipment or delivery into commerce within this state is the operator of the establishment where the hazardous substance is to be received and labeled; or

(b)

The person who introduced the shipment or delivery is not the operator, and the shipment or delivery is made to the establishment under a written agreement, signed by and containing the post office address of the person and the operator, and containing whatever specifications for the labeling of the hazardous substance that are necessary to insure, if such specifications are followed, that the hazardous substance will not be misbranded within the meaning of the Act upon completion of the labeling. The person and the operator shall each keep a copy of the agreement until two years after the final shipment or delivery under the agreement has been completed and shall make copies of the agreement available for inspection upon request of any properly authorized officer or employee of the Public Health Division.

(2)

An exemption of a shipment or delivery of a hazardous substance under subsection (1)(a) of this rule shall, at the beginning of the act of removing the shipment or delivery or any part thereof from the establishment, become void ab initio if the hazardous substance comprising the shipment, delivery, or part is misbranded within the meaning of the Act when so removed.

(3)

An exemption of a shipment or delivery of a hazardous substance under subsection (1)(b) of this rule shall become void ab initio with respect to the person who introduced the shipment or delivery into commerce within this state upon refusal by that person to make available for inspection a copy of the agreement as required by subsection (1)(b) of this rule.

(4)

An exemption of a shipment or other delivery of a hazardous substance under subsection (1)(b) of this rule shall expire:

(a)

At the beginning of the act of removing the shipment or delivery, or any part thereof, from the establishment if the hazardous substance comprising the shipment, delivery, or part is misbranded within the meaning of the Act when so removed; or

(b)

Upon refusal by the operator of the establishment where the hazardous substance is to be labeled, to make available for inspection a copy of the agreement required by subsection (1)(b) of this rule.

Source: Rule 333-016-0100 — Exemption for Unlabeled Containers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-016-0100.

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 333-016-0100’s source at or​.us