OAR 333-016-0100: Exemption for Unlabeled Containers

(1) Except as provided by sections (2) and (3) of this rule, a shipment or other delivery of a hazardous substance that, in accordance with the practice of the trade is to be labeled in substantial quantity at an establishment other than that where originally manufactured or packed, shall be exempt during the time of introduction into the movement in commerce within this state during the time of holding in that establishment from compliance with the labeling requirement of ORS 453.035(2) if: (a) The person who introduced the shipment or delivery into commerce within this state is the operator of the establishment where the hazardous substance is to be received and labeled; or (b) The person who introduced the shipment or delivery is not the operator, and the shipment or delivery is made to the establishment under a written agreement, signed by and containing the post office address of the person and the operator, and containing whatever specifications for the labeling of the hazardous substance that are necessary to insure, if such specifications are followed, that the hazardous substance will not be misbranded within the meaning of the Act upon completion of the labeling. The person and the operator shall each keep a copy of the agreement until two years after the final shipment or delivery under the agreement has been completed and shall make copies of the agreement available for inspection upon request of any properly authorized officer or employee of the Public Health Division. (2) An exemption of a shipment or delivery of a hazardous substance under subsection (1)(a) of this rule shall, at the beginning of the act of removing the shipment or delivery or any part thereof from the establishment, become void ab initio if the hazardous substance comprising the shipment, delivery, or part is misbranded within the meaning of the Act when so removed. (3) An exemption of a shipment or delivery of a hazardous substance under subsection (1)(b) of this rule shall become void ab initio with respect to the person who introduced the shipment or delivery into commerce within this state upon refusal by that person to make available for inspection a copy of the agreement as required by subsection (1)(b) of this rule. (4) An exemption of a shipment or other delivery of a hazardous substance under subsection (1)(b) of this rule shall expire: (a) At the beginning of the act of removing the shipment or delivery, or any part thereof, from the establishment if the hazardous substance comprising the shipment, delivery, or part is misbranded within the meaning of the Act when so removed; or (b) Upon refusal by the operator of the establishment where the hazardous substance is to be labeled, to make available for inspection a copy of the agreement required by subsection (1)(b) of this rule.