South Carolina Code of Regulations
Chapter 5 - DEPARTMENT OF AGRICULTURE
Article 7 - HAZARDOUS SUBSTANCES
Section 5-406 - Exemptions for Small Packages, Minor Hazards, and Special Circumstances

(1) When the sole hazard from a substance in a self-pressurized container is that it generates pressure or when the sole hazard from a substance is that it is flammable or extremely flammable, the name of the component which contributes the hazard need not be stated.

(2) Common matches, including book matches, wooden matches, and so-called "safety" matches are exempted from the labeling requirements of Section 23-39-20(o)(1) insofar as they apply to the product being considered hazardous because of being "flammable" or "extremely flammable" as defined in 5-390(i).

(3) Paper items such as newspapers, wrapping papers, toilet and cleansing tissues, and paper writing supplies are exempted from the labeling requirements of Section 23-39-20(o)(1) insofar as they apply to the products being considered hazardous because of being "flammable" or "extremely flammable" as defined in 5-390(i).

(4) Thread, string, twine, rope, cord, and similar materials are exempted from the labeling requirements of Section 23-39-20(o)(1) insofar as they apply to the products being considered hazardous because of being "flammable" or "extremely flammable" as defined in 5-390(i).

(5) Laboratory chemicals intended only for research or investigational and other laboratory uses (except those in home chemistry sets) shall be exempt from the requirements of placement provided in 5-408 if all information required by this section and the act is placed with the required prominence on the label panel adjacent to the main panel.

(6) Small-arms ammunition packaged in retail containers is exempted from the labeling requirements of Section 23-39-20(o)(1) provided that such containers bear the following label statements:

(7) Rigid or semirigid ball-point ink cartridges are exempt from the labeling requirements of Section 23-39-20(o)(1) insofar as such requirements would be necessary because the ink contained therein is a "toxic" substance as defined in 5-390(e)(1)provided that:

(8) Containers of paste shoe waxes, paste auto waxes, and paste furniture and floor waxes containing toluene (also known as toluol), xylene (also known as xylol), petroleum distillates and/or turpentine in the concentrations described in 5-394(a)(4) and (6) are exempt from the labeling requirements of 5-394(b)(3)(ii) and (5) if the viscosity of such products is sufficiently high that they will not flow from their opened containers when inverted for 5 minutes at a temperature of 80° Fahrenheit and are exempt from bearing a flammability warning statement if the flammability of such waxes is due solely to the presence of solvents which have flashpoints above 80° F. when tested by the method described in 5-419.

(9) Porous-tip ink-marking devices are exempt from the labeling requirements of Section 23-39-20(o)(1) and 5-394(b)(8)(ii) and (iii) and (4) insofar as such requirements would be necessary because the ink contained therein is a toxic substance as defined in 5-390(e)(1); and/or because the ink contains 10 percent or more of toluene (also known as toluol), xylene (also known as xylol), or petroleum distillates as defined in 5-394(a)(4); Provided, That:

(10) Viscous nitrocellulose-base adhesives containing more than 4 percent methyl alcohol by weight are exempted from the label statement "Cannot be made nonpoisonous", required by 5-394(b)(2): Provided, That:

(11) Packages containing polishing or cleaning products which consist of carrier of solid particulate or fibrous composition and which contain toluene (also known as toluol), xylene (also known as xylol), or petroleum distillates in the concentration described in 5-394(a)(4)are exempt from the labeling requirements of 5-394(b)(3)(ii), provided that such toluene, xylene, or petroleum distillate is fully absorbed by the solid, semisolid, or fibrous carrier and cannot be expressed therefrom with any reasonably foreseeable conditions of manipulation.

(12) Containers of dry ink intended to be used as a liquid ink after the addition of water are exempt from the labeling requirements of Section 23-39-20(o)(1) and 5-394(6)(4), insofar as such requirements would be necessary because the dried ink contained therein is a toxic substance as defined in 5-390(e)(1) and /or because the ink contains 10 percent or more ethylene glycol as defined in 5-394(a)(3); Provided, That:

(13) Containers of liquid and semi-solid substances such as viscous-type paints, varnishes, lacquers, roof coatings, rubber-vulcanizing preparations, floor covering adhesives, glazing compounds, and other viscous products containing toluene (also known as toluol), xylene (also known as xylol), or petroleum distillates in concentrations described in 5-394(a)(4)are exempt from the labeling requirements of 5-394(b)(3)(ii)insofar as that paragraph applies to such toluene, xylene, or petroleum distillates; Provided, That the viscosity of the substance, or of any liquid that may separate or be present in the container, is not less than 100 Saybolt Universal Seconds at 100°F.

(14) Customer-owned portable containers that are filled by retail vendors with gasoline, kerosene (kerosine), or other petroleum distillates are exempt from the provision of Section 23-39-20(o)(1)(a) which requires that the name and place of business of the manufacturer, distributor, packer, or seller appear on the label of such containers, provided that all the other label statements required by Section 23-39-20(o)(1) and 5-394(b)(3)appear on the labels of containers of the substances named in this paragraph.

(15) Cellulose sponges are exempt from the labeling requirements of Section 23-39-20(o)(1) and 5-394(b)(4), insofar as such requirements would be necessary because they contain 10 percent or more of diethylene glycol as defined in 5-394(a)(2); Provided, That:

(16) Containers of substances which include salt (sodium chloride) as a component are exempt from the labeling requirements of Section 23-39-20(o)(1) insofar as such requirements would be necessary because the salt contained therein is present in a quantity sufficient to render the article "toxic" as defined in 5-390(e)(1); Provided, That the labels of such containers bear a conspicuous statement that the product contains salt.

(17) The labeling of substances containing 10 percent or more of ferrous oxalate is exempt from the requirements of 5-415(f)that it bear the word, "Poison", which would otherwise be required for such concentration of a salt of oxalic acid.

(18) Packages containing articles intended as single-use spot removers, and which consist of a cotton pad or other absorbent material saturated with a mixture of dry-cleaning solvents, are exempt from the labeling requirements of Section 23-39-20(o)(1) insofar as they apply to the "flammable" hazard as defined in 5-390(j)(2); Provided, That:

(19) Packages containing articles intended as single-use spot removers, and which consist of a cotton pad or other absorbent material containing methyl alcohol, are exempt from the labeling requirements of 5-394(b)(2); Provided, That:

(20) Cigarette lighters containing petroleum distillate fuel are exempt from the labeling requirements of Section 23-39-20(o)(1) and 5-394(b)(3)insofar as such requirements would be necessary because the petroleum distillate contained therein is "flammable" and because the substance is named in 5-394(a)(4) of the regulations as requiring special labeling; Provided:

(21) Containers of dry granular fertilizers and dry granular plant foods are exempt from the labeling requirements of Section 23-39-20(o)(1), insofar as such requirements would be necessary because the fertilizer or plant food contained therein is a toxic substance as defined in 5-390(e)(1); Provided, That:

(22) Small plastic capsules containing a paste composed of powdered metal solder mixed with a liquid flux are exempt from the requirements of Section 23-39-20(o)(1), Provided, That:

(23) Chemistry sets and other science education sets intended primarily for use by juveniles, and replacement containers of chemicals for such sets, are exempt from the requirements of Section 23-39-20(o)(1), Provided, That:

(24) Fire extinguishers containing fire extinguishing agents which are stored under pressure or which develop pressure under normal conditions of use are exempt from the labeling requirements of Section 23-39-20(o)(1) insofar as such requirements apply to the pressure hazard as defined in 5-390(1); Provided, That:

(25) Cleaning and spot removal kits intended for use in cleaning carpets, furniture, and other household objects, and kits intended for use in coating, painting, antiquing, and similarly processing furniture, furnishings, equipment, sidings, and various other surfaces, and kits intended for use in photographic color processing, are exempt from the requirements of Section 23-39-20(o)(1); Provided, That:

(26) Packages containing articles intended as single use spot removers and containing methyl alcohol are exempt from the labeling specified in 5-394(b)(2); Provided, That:

(27) Packaged fireworks assortments intended for retail distribution are exempt from Section 23-39-20(o)(1); Provided, That:

(28) Packages containing felt pads impregnated with ethylene glycol are exempt from the labeling requirements of 5-394(b)(4); Provided, That:

(29) Cigarette lighters containing butane and/or isobutane fuel are exempt from the labeling requirements of Section 23-39-20(o)(1), insofar as such requirements would otherwise be necessary because the fuel therein is extremely flammable and under pressure; Provided, That:

(30) The outer retail containers of solder kits each consisting of a small tube of flux partially surrounded by a winding of wire-type cadmium-free silver solder are exempt from the labeling requirements of Section 23-39-20(o)(1); Provided, That:

(31) Visual novelty devices consisting of sealed units, each of which unit is a steel and glass cell containing perchloroethylene, among other things, are exempted from the requirements of 5-408(a)that would otherwise require a portion of the warning statement to appear on the glass face of the device; Provided, That:

(32) Hollow plastic toys containing mineral oil are exempt from the labeling specified in 5-394(b)(3)(ii), under the following conditions:

(33) Containers of mineral oil having a capacity of not more than 1 fluid ounce and intended for use in producing a smoke effect for toy trains are exempt from the labeling specified in 5-394(b)(3)(ii), under the following conditions:

(34) Viscous products containing more than 4 percent, by weight, of methyl alcohol, such as adhesives, asphalt-base roof and tank coatings, and similar products, are exempt from bearing the special labeling that would otherwise be required by 5-394(b)(2); Provided, That:

(35) Individual blasting caps are exempt from bearing the statement, "Keep out of the reach of children", or its practical equivalent; Provided, That:

(36) Individual toy rocket propellant devices and separate delay train and/or recovery system actuation devices intended for use with pre-manufactured model rocket engines are exempted from bearing the full labeling required by Section 23-39-20(o)(1) insofar as such requirements would otherwise be necessary because the articles are flammable or generate pressure: