Section 6397 Of Article 4. Duties From California Labor Code >> Division 5. >> Part 1. >> Chapter 2.5. >> Article 4.
6397
. (a) Any person other than a manufacturer who sells a mixture
or any hazardous substance shall provide its direct purchasers of the
mixture or hazardous substance at the time of sale with a copy of
the most recent MSDS or equivalent information prepared and supplied
to the person pursuant to either Section 6390 or subdivision (b)
whenever it is foreseeable that the provisions of this chapter may
apply to the purchaser.
(b) Any person who produces a mixture may, for the purposes of
this section, prepare and use a mixture MSDS, subject to the
provisions of Section 6395.
(c) Any person subject to the provisions of subdivision (a) shall
be relieved of the obligation to provide a specific purchaser of a
hazardous substance with an MSDS if he or she has a record of having
provided the specific purchaser with the most recent version of the
MSDS, or if the product is one sold at retail and is incidentally
sold to an employer or the employer's employees, in the same form,
approximate amount, concentration, and manner as it is sold to
consumers, and, to the seller's knowledge, employee exposure to the
product is not significantly greater than the consumer exposure
occurring during the principal consumer use of the product.