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42 U.S.C. § 11021 — Material safety data sheets
Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic requirement**
(1) **Submission of MSDS or list** — The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act shall submit a material safety data sheet for each such chemical, or a list of such chemicals as described in paragraph (2), to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) **Contents of list**
(A) The list of chemicals referred to in paragraph (1) shall include each of the following:
(i) A list of the hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act, grouped in categories of health and physical hazards as set forth under such Act and regulations promulgated under such Act, or in such other categories as the Administrator may prescribe under subparagraph (B).
(ii) The chemical name or the common name of each such chemical as provided on the material safety data sheet.
(iii) Any hazardous component of each such chemical as provided on the material safety data sheet.
(B) For purposes of the list under this paragraph, the Administrator may modify the categories of health and physical hazards as set forth under the Occupational Safety and Hea
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Source file: Laws/federal/codes/united-states-code/title-42/section-11021-material-safety-data-sheets--96cef4951e.md
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Source location: Title 42, Chapter 116, § 11021; chapter-116-emergency-planning-and-community-right-to-know.md
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**(a) Basic requirement**
(1) **Submission of MSDS or list** — The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act shall submit a material safety data sheet for each such chemical, or a list of such chemicals as described in paragraph (2), to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) **Contents of list**
(A) The list of chemicals referred to in paragraph (1) shall include each of the following:
(i) A list of the hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act, grouped in categories of health and physical hazards as set forth under such Act and regulations promulgated under such Act, or in such other categories as the Administrator may prescribe under subparagraph (B).
(ii) The chemical name or the common name of each such chemical as provided on the material safety data sheet.
(iii) Any hazardous component of each such chemical as provided on the material safety data sheet.
(B) For purposes of the list under this paragraph, the Administrator may modify the categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act by requiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency.
(3) **Treatment of mixtures** — An owner or operator may meet the requirements of this section with respect to a hazardous chemical which is a mixture by doing one of the following:
(A) Submitting a material safety data sheet for, or identifying on a list, each element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one material safety data sheet, or one listing, of the element or compound is necessary.
(B) Submitting a material safety data sheet for, or identifying on a list, the mixture itself.
**(b) Thresholds** The Administrator may establish threshold quantities for hazardous chemicals below which no facility shall be subject to the provisions of this section. The threshold quantities may, in the Administrator’s discretion, be based on classes of chemicals or categories of facilities.
**(c) Availability of MSDS on request**
(1) **To local emergency planning committee** — If an owner or operator of a facility submits a list of chemicals under subsection (a)(1), the owner or operator, upon request by the local emergency planning committee, shall submit the material safety data sheet for any chemical on the list to such committee.
(2) **To public** — A local emergency planning committee, upon request by any person, shall make available a material safety data sheet to the person in accordance with [section 11044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim). If the local emergency planning committee does not have the requested material safety data sheet, the committee shall request the sheet from the facility owner or operator and then make the sheet available to the person in accordance with [section 11044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim).
**(d) Initial submission and updating**
(1) The initial material safety data sheet or list required under this section with respect to a hazardous chemical shall be provided before the later of—
(A) 12 months after October 17, 1986, or
(B) 3 months after the owner or operator of a facility is required to prepare or have available a material safety data sheet for the chemical under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act.
(2) Within 3 months following discovery by an owner or operator of significant new information concerning an aspect of a hazardous chemical for which a material safety data sheet was previously submitted to the local emergency planning committee under subsection (a), a revised sheet shall be provided to such person.
**(e) “Hazardous chemical” defined** For purposes of this section, the term “hazardous chemical” has the meaning given such term by section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term does not include the following:
(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
(3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
(4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
(5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability to public** Each emergency response plan, material safety data sheet, list described in [section 11021(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11021/a/2&num=0&edition=prelim), inventory form, toxic chemical release form, and followup emergency notice shall be made available to the general public, consistent with [section 11042 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11042&num=0&edition=prelim), during normal working hours at the location or locations designated by the Administrator, Governor, State emergency response commission, or local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of [section 11022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11022&num=0&edition=prelim), the State emergency response commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by [section 11022(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11022/d/2&num=0&edition=prelim) to be contained in an inventory form as tier II information.
**(b) Notice of public availability** Each local emergency planning committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section. The notice shall state that followup emergency notices may subsequently be issued. Such notice shall announce that members of the public who wish to review any such plan, sheet, form, or followup notice may do so
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11044
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.
**(b)** The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources—
(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;
(2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;
(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under this chapter;
(4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;
(5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;
(6) by exploring ways to discover la
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 651
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic requirement**
(1) The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act shall prepare and submit an emergency and hazardous chemical inventory form (hereafter in this chapter referred to as an “inventory form”) to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) The inventory form containing tier I information (as described in subsection (d)(1)) shall be submitted on or before March 1, 1988, and annually thereafter on March 1, and shall contain data with respect to the preceding calendar year. The preceding sentence does not apply if an owner or operator provides, by the same deadline and with respect to the same calendar year, tier II information (as described in subsection (d)(2)) to the recipients described in paragraph (1).
(3) An owner or operator may meet the requirements of this section with respect to a hazardous chemical which is a mixture by doing one of the following:
(A) Providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one listing on the inventory form for the element or compound at the facility is necessary.
(B) Providing information on the inventory form on the mixture itself.
**(b) Thresholds** The Administrator may establish threshold quantities for haz
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11022
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Nothing in this chapter shall—
(1) preempt any State or local law,
(2) except as provided in subsection (b), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law, or
(3) affect or modify in any way the obligations or liabilities of any person under other Federal law.
**(b) Effect on MSDS requirements** Any State or local law enacted after August 1, 1985, which requires the submission of a material safety data sheet from facility owners or operators shall require that the data sheet be identical in content and format to the data sheet required under subsection (a) of [section 11021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11021&num=0&edition=prelim). In addition, a State or locality may require the submission of information which is supplemental to the information required on the data sheet (including information on the location and quantity of hazardous chemicals present at the facility), through additional sheets attached to the data sheet or such other means as the State or locality considers appropriate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11041
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Federal law — U.S. Code and appendices · legal_authorities
Page 164
TITLE 29—LABOR
§ 651
Editorial Notes
AMENDMENTS
1978—Pub. L. 95–256 struck out ‘‘, not in excess of
$5,000,000 for any fiscal year,’’ after ‘‘sums’’.
1974—Pub. L. 93–259, § 28(a)(5), increased appropria-
tions authorization to $5,000,000 from $3,000,000.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93–259 effective May 1, 1974,
see section 29(a) of Pub. L. 93–259, set out as a note
under section 202 of this title.
Executive Documents
TRANSFER OF FUNCTIONS
Functions relating to age discrimination administra-
tion and enforcement vested by this section in Sec-
retary of Labor or Civil Service Commission trans-
ferred to Equal Employment Opportunity Commission
by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat.
3781, set out in the Appendix to Title 5, Government Or-
ganization and Employees, effective Jan. 1, 1979, as pro-
vided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978,
44 F.R. 1053.
CHAPTER 15—OCCUPATIONAL SAFETY AND
HEALTH
Sec.
651.
Congressional statement of findings and dec-
laration of purpose and policy.
652.
Definitions.
653.
Geographic applicability; judicial enforce-
ment; applicability to existing standards;
report to Congress on duplication and co-
ordination of Federal laws; workmen’s com-
pensation law or common law or statutory
rights, duties, or liabilities of employers
and employees unaffected.
654.
Duties of employers and employees.
655.
Standards.
656.
Administration.
657.
Inspections,
investigations,
and
record-
keeping.
658.
Citations.
659.
Enforcement procedures.
660.
Judicial review.
661.
Occupational Safety and Health Review Com-
mission.
662.
Injunction proceedings.
663.
Representation in civil litigation.
664.
Disclosure
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 651
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Federal law — U.S. Code and appendices · legal_authorities
Page 8099
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11021
Subsec. (e). Pub. L. 115–270, § 2018(a)(2), added subsec.
(e).
§ 11005. Emergency training and review of emer-
gency systems
(a) Emergency training
(1) Programs
Officials of the United States Government
carrying out existing Federal programs for
emergency training are authorized to specifi-
cally provide training and education programs
for Federal, State, and local personnel in haz-
ard mitigation, emergency preparedness, fire
prevention and control, disaster response,
long-term disaster recovery, national security,
technological and natural hazards, and emer-
gency processes. Such programs shall provide
special emphasis for such training and edu-
cation with respect to hazardous chemicals.
(2) State and local program support
There is authorized to be appropriated to the
Federal Emergency Management Agency for
each of the fiscal years 1987, 1988, 1989, and
1990, $5,000,000 for making grants to support
programs of State and local governments, and
to support university-sponsored programs,
which are designed to improve emergency
planning, preparedness, mitigation, response,
and recovery capabilities. Such programs shall
provide special emphasis with respect to emer-
gencies associated with hazardous chemicals.
Such grants may not exceed 80 percent of the
cost of any such program. The remaining 20
percent of such costs shall be funded from non-
Federal sources.
(3) Other programs
Nothing in this section shall affect the
availability of appropriations to the Federal
Emergency Management Agency for any pro-
grams carried out by such agency other than
the programs referred to in paragraph (2).
(b) Review of emergency systems
(1) Review
The Administrator shall initiate, not later
than 30
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11021
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