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Floral shop products under hazard communication rules

Summary A florist asked whether it needed material safety data sheets for supplies. OSHA treated manufactured floral foam as an exempt article, discussed a then-current consumer product exclusion, and said other hazardous chemicals remained covered. OSHA later said the broad consumer product exemption statement no longer applied, and now archives this letter as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1988-05-11-0
Date issued
May 11, 1988
Status
Archived by the agency
OSHA archives this letter and says it may no longer represent OSHA policy. OSHA's May 2, 1989 letter says the earlier broad consumer-product exemption statement no longer applies after a court ruling.
Status last verified October 10, 2026

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The current status of this document is unclear
OSHA archives this letter and says it may no longer represent OSHA policy. OSHA's May 2, 1989 letter says the earlier broad consumer-product exemption statement no longer applies after a court ruling. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

May 11, 1988

Mr. John P. McLean
President
McLean's Homestead Floral &
Gift Shoppe, Inc.
[Recipient address omitted]
Dear Mr. McLean:

This is in response to your letter dated April 18, regarding the need for material safety data sheets for manufactured products used in your retail florist shop.

Manufactured item such as floral display Styrofoam are considered articles under the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard and are therefore exempted from its requirements (29 CFR 1910.1200 (b)(6)(iv)). Other products, such as White Out(Liquid Paper), packaged in the same form and concentration as those intended for use by the general public, which are excluded for the definition of hazardous chemical under Section 311(e)(3) of the Superfund Amendments and Reauthorization Act of 1986, are disapproved from coverage under the Hazard Communication Standard by the Office of Management and Budget. Any other hazardous chemicals used in your retail store, however, are covered by the provisions of the Hazard Communication Standard.

For additional information on the Hazard Communication Standard of other OSHA standards, you may contact the local Area Office located at:

U.S. Department of Labor - OSHA
Federal Building - Room 302
299 East Broward Boulevard
Fort Lauderdale, Florida 33301
Telephone: (305) 527-7292

I hope this information will be helpful to you. If I can be of further assistance, please do not hesitate to contact me.

Sincerely,
John A. Pendergrass
Assistant Secretary

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