---
kind: "section"
citation: "42 U.S.C. § 11021"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11021"
heading: "Material safety data sheets"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11021"
units:
  - "Chapter 116 — Emergency Planning and Community Right-To-Know"
  - "Subchapter II — Reporting Requirements"
---

# §11021. Material safety data sheets

- (a) **Basic requirement—**
  - (1) **Submission of MSDS or list—** The [owner](/usc/42/13641.md?p=4) or operator of any [facility](/usc/42/11049.md?p=4) which is required to prepare or have available a [material safety data sheet](/usc/42/11049.md?p=6) for a [hazardous chemical](/usc/42/11049.md?p=5) under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](/usc/29/651.md) et seq.] and regulations promulgated under that Act shall submit a [material safety data sheet](/usc/42/11049.md?p=6) for each such chemical, or a list of such chemicals as described in [paragraph (2)](#a-2), to each of the following:
    - (A) The appropriate local emergency planning committee.
    - (B) The [State](/usc/42/11049.md?p=9) emergency response commission.
    - (C) The fire department with jurisdiction over the [facility](/usc/42/11049.md?p=4).
  - (2) **Contents of list—**
    - (A) The list of chemicals referred to in [paragraph (1)](#a-1) shall include each of the following:
      - (i) A list of the [hazardous chemicals](/usc/42/11049.md?p=5) for which a [material safety data sheet](/usc/42/11049.md?p=6) is required under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](/usc/29/651.md) et seq.] and regulations promulgated under that Act, grouped in categories of health and physical hazards as set forth under such Act and regulations promulgated under such Act, or in such other categories as the [Administrator](/usc/42/11049.md?p=1) may prescribe under [subparagraph (B)](#a-2-B).
      - (ii) The chemical name or the common name of each such chemical as provided on the [material safety data sheet](/usc/42/11049.md?p=6).
      - (iii) Any hazardous component of each such chemical as provided on the [material safety data sheet](/usc/42/11049.md?p=6).
    - (B) For purposes of the list under this paragraph, the [Administrator](/usc/42/11049.md?p=1) may modify the categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](/usc/29/651.md) et seq.] and regulations promulgated under that Act by requiring information to be reported in terms of groups of [hazardous chemicals](/usc/42/11049.md?p=5) which present similar hazards in an emergency.
  - (3) **Treatment of mixtures—** An [owner](/usc/42/13641.md?p=4) or operator may meet the requirements of this section with respect to a [hazardous chemical](/usc/42/11049.md?p=5) which is a mixture by doing one of the following:
    - (A) Submitting a [material safety data sheet](/usc/42/11049.md?p=6) for, or identifying on a list, each element or compound in the mixture which is a [hazardous chemical](/usc/42/11049.md?p=5). If more than one mixture has the same element or compound, only one [material safety data sheet](/usc/42/11049.md?p=6), or one listing, of the element or compound is necessary.
    - (B) Submitting a [material safety data sheet](/usc/42/11049.md?p=6) for, or identifying on a list, the mixture itself.
- (b) **Thresholds—** The [Administrator](/usc/42/11049.md?p=1) may establish threshold quantities for [hazardous chemicals](/usc/42/11049.md?p=5) below which no [facility](/usc/42/11049.md?p=4) shall be subject to the provisions of this section. The threshold quantities may, in the [Administrator](/usc/42/11049.md?p=1)’s discretion, be based on classes of chemicals or categories of [facilities](/usc/42/11049.md?p=4).
- (c) **Availability of MSDS on request—**
  - (1) **To local emergency planning committee—** If an [owner](/usc/42/13641.md?p=4) or operator of a [facility](/usc/42/11049.md?p=4) submits a list of chemicals under [subsection (a)(1)](#a-1), the [owner](/usc/42/13641.md?p=4) or operator, upon request by the local emergency planning committee, shall submit the [material safety data sheet](/usc/42/11049.md?p=6) for any chemical on the list to such committee.
  - (2) **To public—** A local emergency planning committee, upon request by any [person](/usc/42/11049.md?p=7), shall make available a [material safety data sheet](/usc/42/11049.md?p=6) to the [person](/usc/42/11049.md?p=7) in accordance with [section 11044 of this title](/usc/42/11044.md). If the local emergency planning committee does not have the requested [material safety data sheet](/usc/42/11049.md?p=6), the committee shall request the sheet from the [facility](/usc/42/11049.md?p=4) [owner](/usc/42/13641.md?p=4) or operator and then make the sheet available to the [person](/usc/42/11049.md?p=7) in accordance with [section 11044 of this title](/usc/42/11044.md).
- (d) **Initial submission and updating—**
  - (1) The initial [material safety data sheet](/usc/42/11049.md?p=6) or list required under this section with respect to a [hazardous chemical](/usc/42/11049.md?p=5) shall be provided before the later of—
    - (A) 12 months after October 17, 1986, or
    - (B) 3 months after the [owner](/usc/42/13641.md?p=4) or operator of a [facility](/usc/42/11049.md?p=4) is required to prepare or have available a [material safety data sheet](/usc/42/11049.md?p=6) for the chemical under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](/usc/29/651.md) et seq.] and regulations promulgated under that Act.
  - (2) Within 3 months following discovery by an [owner](/usc/42/13641.md?p=4) or operator of significant new information concerning an aspect of a [hazardous chemical](/usc/42/11049.md?p=5) for which a [material safety data sheet](/usc/42/11049.md?p=6) was previously submitted to the local emergency planning committee under [subsection (a)](#a), a revised sheet shall be provided to such [person](/usc/42/11049.md?p=7).
- (e) **“Hazardous chemical” defined—** For purposes of this section, the term “[hazardous chemical](/usc/42/11049.md?p=5)” has the meaning given such term by section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term does not include the following:
  - (1) Any food, food additive, color additive, [drug](/usc/42/11851.md?p=4), or cosmetic regulated by the Food and [Drug](/usc/42/11851.md?p=4) Administration.
  - (2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
  - (3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
  - (4) Any substance to the extent it is used in a research laboratory or a [hospital](/usc/42/300s–3.md?p=1) or other [medical facility](/usc/42/300s–3.md?p=11) under the direct supervision of a technically qualified individual.
  - (5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate [customer](/usc/42/7275.md?p=5).

## Source credit

(Pub. L. 99–499, title III, § 311, Oct. 17, 1986, 100 Stat. 1736.)

## Notes

### Editorial Notes

### References in Text

The Occupational Safety and Health Act of 1970, referred to in subsecs. (a)(1), (2)(A)(i), (B) and (d)(1)(B), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.