The Florida Senate

442.103  Florida Substance List; establishment, content, and revision.--

(1)(a)  For the purposes of ss. 442.101-442.127, the secretary shall establish the Florida Substance List and make such list available to manufacturers and employers. Substances on the list may be designated by their chemical names or common names. Only those substances specifically enumerated on the list will be subject to the provisions of ss. 442.101-442.127. The secretary shall prepare and amend the list according to the procedures in this section. The list shall be promulgated only after opportunity has been provided for public comment and hearing pursuant to chapter 120 and upon a finding that, according to a preponderance of the evidence, substantial and valid scientific evidence exists that exposure to, or use of, the substance will result in an acute or chronic risk to human health or safety. This list will become official for purposes of ss. 442.106, 442.107, 442.108, 442.109, 442.115, 442.116, and 442.118 upon adjournment of the 1985 Legislature unless, prior to adjournment, the Legislature affirmatively delays implementation of the list.

(b)  The secretary shall, no later than 45 days prior to the convening of the Legislature in regular session each year, make a recommendation to the President of the Senate and the Speaker of the House of Representatives on the need for revising the list. The revised list will become effective upon adjournment of the Legislature in the year in which the revision was made unless, prior to adjournment, the Legislature affirmatively delays implementation of such list.

(c)  If at any time it is found that a substance that is not on the revised list poses a serious threat to human health or safety, the secretary may promulgate an emergency revision to the list after providing opportunity for public comment and hearing pursuant to chapter 120. The emergency revision will become effective upon promulgation and will remain effective unless the Legislature affirmatively repeals it in the year in which the emergency revision was promulgated.

(2)  The list shall contain only specific chemical substances. Generic substances or categories are to be excluded. The list shall be drawn exclusively from those chemical substances enumerated in the most current edition of the following designated source lists:

(a)  International Agency for Research on Cancer (Sublist: "Substances found to have at least sufficient evidence of carcinogenicity in animals").

(b)  National Toxicology Program list of chemicals published in the annual report on carcinogens.

(c)  Occupational Safety and Health Administration, Toxic and Hazardous Substances, 29 C.F.R. s. 1910, subpart Z.

(d)  National Institute for Occupational Safety and Health/Occupational Safety and Health Administration, Occupational Health Guidelines for Chemical Hazards.

(e)  American Conference of Governmental Industrial Hygienists, Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.

(f)  Environmental Protection Agency, Carcinogenic Assessment Group's List of Carcinogens.

(g)  National Cancer Institute (substances that meet the National Toxicology Program criteria for significant carcinogenic effect).

(h)  National Fire Protection Association, Hazardous Chemicals (NFPA 49).

(i)  National Fire Protection Association, Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M). (All items rated II through IV as health hazards or III through IV as flammability or reactivity hazards.)

(j)  Extremely Hazardous Substances, Threshold Planning Quantities, and Reportable Quantities, 40 C.F.R. part 300, ¹Appendix D and Appendix E.

(3)  For the purposes of ss. 442.101-442.127, a toxic substance is present in any mixture if it is 1 percent or more of the mixture, or 2 percent or more of the mixture if the toxic substance exists as an impurity in the mixture. However, the secretary may, by rule, raise the concentration requirement for a toxic substance which she or he finds is not toxic at the threshold levels, and she or he may lower the concentration requirement for a toxic substance, including a carcinogen or neurotoxin, for which there is valid and substantial scientific evidence that the substance is extraordinarily toxic. The manufacturer of a toxic substance shall notify the secretary of any valid evidence which indicates either:

(a)  That the concentration requirement for a toxic substance is higher than is necessary to protect employees who work with, or may be exposed to, the substance; or

(b)  That the concentration levels should be lowered because there is valid and substantial evidence that the substance is extraordinarily toxic.

(4)  The provisions of ss. 442.101-442.127 do not apply to:

(a)  Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely;

(b)  Substances which are toxic solely due to chronic ingestion;

(c)  Alcoholic beverages as defined in the Beverage Law;

(d)  Substances which are merely being transported through the state as part of a through-shipment in interstate commerce;

(e)  Substances or mixtures which may be toxic but which are labeled pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, or the Federal Food, Drug, and Cosmetic Act, as amended;

(f)  Articles; or

(g)  Any hazardous waste as defined by the federal Resource Conservation and Recovery Act of 1976.

(5)  The secretary shall review the Florida Substance List annually. Any revision of the Florida Substance List shall be made only after opportunity has been provided for public comment and hearing pursuant to chapter 120 and upon the secretary's finding that, according to a preponderance of the evidence, substantial and valid scientific evidence exists that any substance added pursuant to this subsection results in an acute or chronic risk to human health or safety.

(6)  Substances that are not present on the Florida Substance List established pursuant to this section are not subject to the provisions of ss. 442.101-442.127.

(7)  The provisions of ss. 442.108, 442.111, 442.112, 442.113, 442.118, 442.119, and 442.121 do not apply to toxic substances which are:

(a)  Stored in sealed containers;

(b)  Sold at retail trade establishments as consumer products; and

(c)  Not manufactured, produced, used, or applied in the workplace.

History.--s. 4, ch. 84-223; s. 2, ch. 86-45; s. 2, ch. 87-202; s. 133, ch. 97-103.

¹Note.--Appendix D and Appendix E no longer exist as part of 40 C.F.R. part 300.