SDS

2715 Columbia Street

Torrance California 90503

May 18, 2015

Subject: Safety Data (SDS) and Material Safety Data Sheets (MSDS’s)

Meme’s and Messer’s,

This letter is in response to your request for a Safety Data Sheet (SDS) or Material Safety Data

Sheet (MSDS). The following is information concerning the Occupational Safety and Health

Administration (OSHA) Hazard Communications Standard.

MSDS’s are required under the OSHA Hazard Communication Requirements (29 CFR 1910.1200)

for workplace safety if they present a hazard. Products manufactured and distributed by Pentel

of America, LTD. Are considered “articles” and are not considered hazardous materials as

defined under either the OSHA Hazard Communication Standard (29CFR Section 1910.1200 or

the Toxic Chemical Release Reporting; Community Right-to-Know (40 CFR, Part 372) commonly

referred to as SARA Section 313 rule.

Requirement 29CFR 1910.1200 (b)(6)(v) exempts “articles” from SDS/MSDS requirements and

other communication requirements of OSHA Law.

The term “article is defined in 29 CFR 1910.1200 (c) (i). Federal Register citation 52 FR 31852

(August 24, 1987) and SARA Section 313.

“Article” Means a manufactured item: (i) which is formed to a specific shape or design during

manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or

design during end use; and (iii) which does not release, or otherwise result in exposure to, a

hazardous chemical under normal conditions of use.

In February of 1994, OSHA amended the Hazard Communication Standard and Modified part 3 to

read:

Does not release more than very small quantities of a hazardous chemical under normal

conditions of use.

Thus the current definition of an Article is:

“Articles” by definition of the standard, “means a manufactured item other than a fluid

or particle (i) which is formed to a specific shape or design during manufacture; (ii)

which has end use function(s) dependent in whole or in part upon its shape or design

during end use; and (iii) which under normal conditions of use does not release more

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2715 Columbia Street Torrance California 90503 May 18, 2015 Subject: Safety Data (SDS) and Material Safety Data Sheets (MSDS’s) Meme’s and Messer’s, This letter is in response to your request for a Safety Data Sheet (SDS) or Material Safety Data Sheet (MSDS). The following is information concerning the Occupational Safety and Health Administration (OSHA) Hazard Communications Standard. MSDS’s are required under the OSHA Hazard Communication Requirements (29 CFR 1910.
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than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under paragraph (d) of this section), and does not pose a physical hazard or health risk to employees. OSHA has indicated that Pens and Pencils are considered Articles. Further most office materials are considered articles by OSHA and are not considered to require an SDS/MSDS. Pentel considers its products as Articles and marketed as consumer goods.