[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1500.82]

[Page 468-469]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1500_HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND 
ENFORCEMENT REGULATIONS--Table of Contents
 
Sec.  1500.82  Exemption from full labeling and other requirements.

    (a) Any person who believes a particular hazardous substance 
intended or packaged in a form suitable for use in the household or by 
children should be exempted from full label compliance otherwise 
applicable under the act, because of the size of the package or because 
of the minor hazard presented by the substance, or for other good and 
sufficient reason, may submit to the Commission a request for exemption 
under section 3(c) of the act, presenting facts in support of the view 
that full compliance is impracticable or is not necessary for the 
protection of the public health. The Commission shall determine on the 
basis of the facts submitted and all other available information whether 
the requested exemption is consistent with adequate protection of the 
public health and safety. If the Commission so finds, it shall detail 
the exemption granted and the reasons therefor by an appropriate order 
published in the Federal Register.
    (b) The Commission may on its own initiative determine on the basis 
of facts available to it that a particular hazardous substance intended 
or packaged in a form suitable for use in the household or by children 
should be exempted from full labeling compliance otherwise applicable 
under the act because of the size of the package or because of the minor 
hazard presented by the substance or for other good and sufficient 
reason. If the Commission so finds, it shall detail the exemption 
granted and the reasons therefor by an appropriate order in the Federal 
Register.
    (c) Any person who believes a particular article should be exempted 
from being classified as a ``banned hazardous substance'' as defined by 
section 2(q)(1)(A) of the act (repeated in Sec.  1500.3(b)(15)(i)(A)), 
because its functional purpose requires inclusion of a hazardous 
substance, it bears labeling giving adequate directions and warnings for 
safe use, and it is intended for use by children who have attained 
sufficient maturity, and may reasonably

[[Page 469]]

be expected, to read and heed such directions and warnings, may submit 
to the Commission a request for exemption under section 2(q)(1)(B)(i) of 
the act (repeated in proviso (1) under Sec.  1500.3(b)(15(i)), 
presenting facts in support of his contention. The commission shall 
determine on the basis of the facts submitted, and all other available 
information, whether the requested exemption is consistent with the 
purposes of the act. If the Commission so finds, it shall detail the 
exemption granted and the reasons therefor by an appropriate order in 
the Federal Register.
    (d) On its own initiative, the Commission may determine on the basis 
of available facts that a particular banned hazardous substance should 
be exempted from section 2(q)(1)(A) of the act (repeated in Sec.  
1500.3(b)(15)(i)(A)), because its functional purpose requires inclusion 
of a hazardous substance, it bears labeling giving adequate directions 
and warnings for safe use, and it is intended for use by children who 
have obtained sufficient maturity, and may reasonably be expected, to 
read and heed such directions and warnings. If the Commission so finds, 
it shall detail the exemption granted and the reasons therefor by an 
appropriate order in the Federal Register.