§ 68-131-103 — Regulations declaring hazardous substances and establishing variations and exemptions

(a) Whenever in the judgment of the commissioner such action will promote the objectives of this part by avoiding or resolving uncertainty as to application, the commissioner may by regulation declare to be a hazardous substance, for the purposes of this part, any substance or mixture of substances that the commissioner finds meets the requirements of § 68-131-102(10)(A)(i) . (b) If the commissioner finds that the requirements of § 68-131-102(16)(A) are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, the commissioner may by regulation establish such reasonable variations or additional label requirements as the commissioner finds necessary for the protection of the public health and safety; and any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, that fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance. (c) If the commissioner finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained in the package, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this part is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner shall promulgate regulations exempting such substances from these requirements to the extent the commissioner determines to be consistent with adequate protection of the public health and safety. (d) If the commissioner finds that the hazard of an article subject to this part is such that labeling adequate to protect the public health and safety cannot be devised, or the article presents an imminent danger to the public health and safety, the commissioner may declare the article to be a banned hazardous substance and require its removal from commerce. (e) A regulation issued in accordance with § 3(e) of the Federal Hazardous Substances Act ( 15 U.S.C. § 1261 et seq.) which restricts the sale or labeling of a toy or other article intended for use by children because of an electrical, mechanical or thermal hazard, shall be an acceptable regulation for the purpose of this part.

Legislative History

Acts 1970, ch. 356, § 3; T.C.A., §§ 53-3714, 68-27-103.