§ 7304. Obligation of suppliers
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 7304
§ 7304. Obligation of suppliers
(a) Labeling.--Every supplier, as a condition of doing business in this Commonwealth, shall insure that the container of any chemical which is delivered to a point within this Commonwealth or which is produced within this Commonwealth is clearly labeled in the manner required by section 6.1
(1) All manufacturers, importers or suppliers, as a condition of doing business in this Commonwealth, shall prepare an MSDS for each hazardous substance or hazardous mixture they produce or import, and shall ensure that all purchasers of hazardous substances or hazardous mixtures are provided an appropriate MSDS with their initial shipment, and with the first shipment after an MSDS is updated. The manufacturer, importer or supplier shall further provide an MSDS for any other chemical delivered to a point within the Commonwealth, if the manufacturer, importer or supplier produces or possesses such an MSDS.
(2) Distributors shall ensure that MSDS's are provided to all purchasers of hazardous substances or hazardous mixtures. Manufacturers, importers, suppliers and distributors shall notify the recipient of the hazardous substance or hazardous mixture that such substance is subject to the provisions of this act. In lieu of physically attaching MSDS's to containers shipped, the manufacturer, importer, supplier or distributor may mail the MSDS to the purchaser at the time of the shipment.
(4) Manufacturers, importers or suppliers shall ensure that one copy of an MSDS for each hazardous substance or hazardous mixture which they produce within or deliver to a point within this Commonwealth shall be mailed to the department at the same time as their initial shipment to an employer within this Commonwealth. In addition, the manufacturer, importer or supplier shall mail to the department one copy of an MSDS for any other chemical for which they produce or possess an MSDS, at the time of the initial shipment of the chemical to an employer within this Commonwealth. An additional submission of an MSDS shall be made at the time of the first shipment to an employer within this Commonwealth after an MSDS is updated. In this manner, or upon its own initiative, the department shall compile a complete file of all MSDS's for each hazardous substance, hazardous mixture and appropriate chemical that is produced or distributed within this Commonwealth, and shall keep the complete MSDS file updated as new information becomes available.
(c) Contents of Material Safety Data Sheets.--The information in the Material Safety Data Sheets shall reflect the contents of the relevant National Library of Medicine computer files and the latest edition of the National Fire Association's Fire Protection Guide on Hazardous Materials. Subject to the trade secret provisions of section 11,2 it shall also include, but not be limited to, the following information:
(2) The chemical name, common name and Chemical Abstracts Service number of every chemical contained in the substance which comprises 3% or more of the substance except that hazardous substances shall be listed if they comprise 1% or more of the substance, and all special hazardous substances which comprise 0.01% or more of the substance shall be listed.
Notwithstanding the above, any MSDS which contains the information requested in paragraphs (1) and (2), and which otherwise contains the information required by 29 CFR § 1900.1200(g)(2), as of November 25, 1983, shall be considered to have met the requirements of this section.
(e) Similar substances.--Where hazardous mixtures have similar contents and hazards, but vary in specific composition, the supplier or employer may prepare one Material Safety Data Sheet to apply to all of the similar mixtures: Provided, That the Material Safety Data Sheet identifies all the various mixtures by the names to which it applies, is correct in all respects and correctly states the constituent chemicals in all of the mixtures. It is not necessary to produce a new MSDS when a hazardous substance is diluted with water.
1984, Oct. 5, P.L. 734, No. 159, § 4.
35 P.S. § 7304, PA ST 35 P.S. § 7304
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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