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OSHA Hazard Communication Letters of Interpretation
Responsible party for MSDSs and labelling of imported chemicals.
- Issued
- Record type
- Interpretation
- Historical standard
- HCS 1994, pre-GHS archive
- Current standard
- HCS 2024, as amended
ILPI assessment: Generally consistent: importers remain responsible for U.S. hazard information
This letter addresses the obsolete 1994 version of the Hazard Communication Standard (HCS). The importer remains responsible for complying with the HCS. Replacing the supplier's identity with one's own is not merely branding: the responsible party must support the required hazard and emergency information.
Apply current shipped-label requirements and SDS Section 1, including the required U.S. responsible-party contact information. The full sheet and label must meet current classification and content requirements; adding an importer's name does not validate a deficient foreign SDS. OSHA records a June 2, 2005 correction.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
January 19, 2000
Mr. Michael J. Kelleher
Arent Fox Kintner Plotkin & Kahn, PLLC
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Dear Mr. Kelleher:
Thank you for your letter of June 28, 1999 to the Occupational Safety and Health Administration (OSHA), concerning Material Safety Data Sheets (MSDSs). You asked if your client can list its name on an MSDS instead of listing the Japanese manufacturer from whom it imported the product. We apologize for this delay in response.
The Hazard Communication Standard (HCS), 29 CFR 1910.1200 [ILPI: Original HCS 1994 context · Current HCS], allows downstream users to add or substitute their name on the labels and MSDSs of hazardous chemicals. However, if the downstream user substitutes its name, thereby removing the original manufacturer's name, it becomes the responsible party for insuring the accuracy of the hazard information. The responsible party must be able to supply additional information on the hazardous chemical and appropriate emergency procedures, and would be subject to citation if there were any deficiencies on the MSDSs or labels.
When chemicals are imported into the United States, the person (meaning one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons) who imported the product automatically becomes the responsible party. OSHA only has jurisdiction over transactions which affect commerce within the United States. As the importer is the first point of contact within this country, the importer is therefore responsible for complying with the HCS [ILPI: Original HCS 1994 context · Current HCS]; the HCS requires that the importer include their name on the MSDS and label.
[ILPI note: At issuance: HCS 1994, pre-GHS archive. The importer's responsibility continues. Modern label elements and SDS Section 1 must also be satisfied; substituting a name is not a substitute for accurate U.S.-compliant hazard information.]
We trust that the above information answers your question. Please feel free to contact the Office of Health Compliance Assistance at 202-693-2190 if you have additional questions.
Sincerely,
Richard E. Fairfax, Director
Directorate of Compliance Programs,
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/2000-01-19-0.