§ 1247-5. Exemptions.

(A)

Notwithstanding any language herein to the contrary, the provisions of this chapter shall not apply to substances which are:

(1)

Consumer products and food stuffs packaged for distribution to, and intended for use by, the general public. This includes any labeled product used or stored in a workplace in the same form, approximate volume or amount, concentration and manner as it is sold to and used by the general public, provided it remains labeled in the workplace, and to which, in the employer's knowledge, employee exposure is not significantly different from that of the general public during foreseeable use of the substance; ingredients used in the production of food stuffs which are regulated by the Food, Drug, and Cosmetic Act, as amended;

(2)

Already labeled pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, Food, Drug, and Cosmetic Act, as amended, Atomic Energy Act of 1954, as amended, as long as such products remain labeled in the workplace;

(3)

Wastes labeled pursuant to the Resource, Conservation and Recovery Act as long as such products remain labeled in the workplace;

(4)

Toxic or hazardous substances emitted or transported in interstate commerce into or through the city of Cincinnati;

(5)

Located in containers having a volume of less than one gallon of liquid, or less than the equivalent thereof in its solid or gaseous state, based on generally accepted chemical measures.

(B)

Notwithstanding any language herein to the contrary, the provisions of this chapter shall not apply to toxic or hazardous substances within six calendar days excluding Saturday, Sunday and legal holidays after they first enter a workplace, if, despite reasonable efforts of the employer to comply with this chapter, such substances arrive .without conforming labels or material safety data sheets.

(Ordained by Ord. No. 210-1982, eff. July 3, 1982; repealed and reordained by Ord. No. 385-1984, eff. Sept. 6, 1984)