South Carolina Code of Regulations
Chapter 5 - DEPARTMENT OF AGRICULTURE
Article 7 - HAZARDOUS SUBSTANCES
Section 5-396 - Banned Hazardous Substances

Universal Citation: SC Code Regs 5-396

Current through Register Vol. 48, No. 3, March 22, 2024

(a) Under the authority of Section 23-39-20(p)(1)(b), the Commissioner declares as banned hazardous substances the following articles because they possess such a degree of hazard that adequate cautionary labeling cannot be written and the public health and safety can be served only by keeping such articles out of intrastate commerce.

(1) Mixtures that are intended primarily for application to interior masonry walls, floors, etc., as a water repellant treatment and that are "extremely flammable" within the meaning of Section 23-39-20(k).

(2) Carbon tetrachloride and mixtures containing it (including carbon tetrachloride and mixtures containing it used in fire extinguishers), excluding unavoidable manufacturing residues of carbon tetrachloride in other chemicals that under reasonably foreseeable conditions of use do not result in an atmospheric concentration of carbon tetrachloride greater than 10 parts per million.

(3) Fireworks devices intended to produce audible effects (including but not limited to cherry bombs, M-80 salutes, silver salutes, and other large firecrackers, aerial bombs, and other fireworks designed to produce audible effects, and including kits and components intended to produce such fireworks) if the audible effect is produced by a charge of more than 2 grains of pyrotechnic composition; except that this order shall not apply to such fireworks meeting all of the following conditions:
(i) Such fireworks are intended for use solely for bona fide crop protection purposes, such as protection of crops from depredation by birds and animals, and are conspicuously so labeled, and are not diverted or distributed for any other use; and

(ii) Each manufacturer or importer of such agricultural fireworks shall follow the requirements for submission of samples and maintenance of records required by federal regulations ( 21 CFR 191.9(3) ).

(iii) Each wholesaler, importer, jobber, and retailer of such fireworks shall follow the requirements of the federal regulations ( 21 CFR 191.9(3) ) and all applicable provisions of Sections 23-35-10 through 23-35-160 of the Code of Laws of South Carolina, 1976.

(iv) Each immediate container for such fireworks is fully labeled in accordance with the requirements of the South Carolina Hazardous Substances Act.

(4) Liquid drain cleaners containing 10 percent or more, by weight, of sodium and/or potassium hydroxide; except that this subparagraph shall not apply to such drain cleaners if packaged in accordance with a standard for special packaging of such articles promulgated under the Federal Poison Prevention Packaging Act of 1970 ( Public Law 91-601 ).

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