50-78-206. Labels. (1) An employer or distributor may not remove or deface any existing label on a container of a hazardous chemical, except that the chemical name may be concealed under trade secret protection as provided in 50-78-205.

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Terms Used In Montana Code 50-78-206

  • Chemical name: means the scientific designation of a chemical in accordance with the nomenclature system developed by the international union of pure and applied chemistry or the chemical abstracts service rules of nomenclature or a name that will clearly identify the chemical for the purpose of conducting a hazard evaluation. See Montana Code 50-78-102
  • Distributor: means a business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to employers. See Montana Code 50-78-102
  • Employer: means a person, firm, corporation, partnership, association, governmental agency, or other entity that is engaged in business or providing services and that employs workers. See Montana Code 50-78-102
  • Hazardous chemical: means , except as provided in 50-78-103:

    (a)any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard, as defined by subsection (c) of the OSHA standard, and that has been identified as such by the federal occupational safety and health administration or the manufacturer and has been filed with the federal occupational safety and health administration;

    (b)any hazardous chemical, as defined by subsection (d)(3) of the OSHA standard; or

    (c)any emitter of ionizing radiation. See Montana Code 50-78-102

  • Label: means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. See Montana Code 50-78-102
  • Trade secret: means a confidential formula, pattern, process, device, or information, including chemical name or other unique chemical identifier, that is used in an employer's business and that gives the employer an opportunity to obtain an advantage over competitors. See Montana Code 50-78-102

(2)Any portable container intended for an immediate transfer of a hazardous chemical is not required to be labeled.