902 Kar 47:030. Exemptions

Link to law: http://www.lrc.ky.gov/kar/902/047/030.htm
Published: 2015

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      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.)