§ 67384.4. Labeling Best Management Practice Requirements for Perchlorate Materials.

(a) Persons who manufacture perchlorate materials, repackage perchlorate materials, distribute perchlorate materials for sale, receive perchlorate materials for resale or use in California, or generate a perchlorate containing waste shall ensure that the perchlorate materials are properly labeled. Labels shall be applied conspicuously on the exterior of all outer shipping packages and on consumer packages. All perchlorate material, except those materials listed in subsection (b) of this section, shall be labeled or marked clearly with the following, “Perchlorate Material - special handling may apply, See www.dtsc.ca.gov/hazardouswaste/perchlorate.”

(b) The best management practice requirements of this section do not apply to the following perchlorate materials:

(1) Household waste;

(2) Perchlorate-containing water resulting solely from treatment with a sanitizer, disinfectant, or bleach;

(3) Perchlorate materials used or maintained at a site where all personnel handling the perchlorate material have received instruction on and comply with the perchlorate Best Management Practice requirements of this chapter;

(4) Perchlorate materials while accompanied by a Material Safety Data Sheet, shipping document, or package insert that includes all the information required in the label pursuant to subsection (a);

(5) Finished products produced pursuant to federal, military or space launch contract requirements;

(6) Wastewaters that are discharged under the oversight of a regulatory agency with jurisdiction over discharges;

(7) Non-hazardous perchlorate wastes resulting from the use of safety flares during a public safety activity; and

(8) Perchlorate materials registered as pesticides pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act.

(c) The best management practice requirements of this section do not apply to the end user of any of the following:

(1) consumer goods;

(2) consumer commodities; and

(3) fertilizers.

HISTORY

1. New section filed 12-30-2005 as an emergency; operative 12-30-2005 (Register 2005, No. 52). Pursuant to Health and Safety Code section 25210.6(c), these emergency regulations shall remain in effect until revised by the Department of Toxic Substances Control.

Note

Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.