§ 2417 — Exemptions

Notwithstanding any language to the contrary, this chapter shall not apply to chemicals in the following:

(1) Any article which is formed to a specific shape or design during manufacture, which has end use function(s) dependent in whole or in part upon its shape or design during end use, and which does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use;

(2) Products intended for personal consumption by employees in the workplace;

(3) Retail food sale establishments and all other retail trade establishments, exclusive of processing and repair areas;

(4) A workplace where a hazardous chemical is received in a sealed package and is subsequently sold or transferred in that package if the seal remains intact while the chemical is in the workplace and if the chemical does not remain in the workplace more than 5 working days, except for the provisions of § 2409(a) and § 2410 of this title.

(5) Any food, food additive, color additive, drug or cosmetic as such terms are defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301 et seq.) or distilled spirits, wines or malt beverages as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. § 201 et seq.).

(6) A laboratory under the direct supervision or guideline of a technically qualified individual provided that:

a. Labels on containers of incoming chemicals shall not be removed or defaced;

b. MSDSs received shall be maintained and made accessible to employees and students;

c. Sections 2409 and 2410 of this title are met; and

d. The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes.

(7) The workplace of an agriculture employer or employer group if the Secretary of the Department of Agriculture certifies to the Secretary that the chemicals are covered by other federal or state laws and regulations.

Legislative History

64 Del. Laws, c. 344, § 1