902 KAR 47:030.
Exemptions.
RELATES TO: KRS
217.650-217.710, 16 C.F.R. Part 1500.83
STATUTORY
AUTHORITY: KRS 194.050, 211.090, 211.180, 217.690
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 217.650 to 217.710 authorizes the Cabinet for
Human Resources to regulate the control of hazardous substances in Kentucky.
KRS 217.670(2) authorizes the Secretary for Human Resources to provide minimum
information which shall appear on the labels for small packages. The purpose of
this administrative regulation is to provide label exemption requirements for
specified small packages, minor hazards, and special circumstances; to
coordinate federal-state action if an article is banned and deemed to be
dangerous to the public health; to assure uniformity for variance between the
regulations adopted under the state and federal acts; and to assure uniformity
of test procedures.
Section 1.
Exemptions. Exemptions for small packages, minor hazards and special
circumstances, set forth in regulations promulgated under 15 USC Sec. 1261-1276,
shall be exempted in Kentucky.
Section 2.
Banned Hazardous Substances Dangerous to Public Health. If a hazardous
substance is banned pursuant to federal law by the U.S. Consumer Product Safety
Commission, the Cabinet may, if it deems the article to be dangerous to public
health, quarantine the article pursuant to KRS 217.700.
Section 3.
Variance between State and Federal Regulations. If a variance exists between
the regulations adopted under KRS 217.650 to 217.710 and those adopted under 15
USC Sec. 1261-1276, compliance with the federal regulations shall be deemed
compliance with the provisions of the administrative regulations adopted under
KRS 217.650 to 217.710.
Section 4. Test
Procedures for Hazardous Substances. The test procedures prescribed under 15
USC Sec. 1261-1276 and federal regulations shall be applicable to all
administrative regulations adopted by the cabinet relating to hazardous
substances. (3 Ky.R. 739; eff. 6-1-77; Am. 20 Ky.R. 2218; 3-14-94.)
