Title 42 — The Public Health and WelfareRelease 119-73

§11041 Relationship to other law

Title 42 › Chapter CHAPTER 116— - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 11041

Last updated Apr 6, 2026|Official source

Summary

The chapter does not override or cancel state or local laws. It also does not change a state or local government's power to make or enforce laws, except for the special rule about safety data sheets below. It does not change anyone’s duties or legal responsibilities under other federal laws. If a state or local government passed a law after August 1, 1985 that requires a material safety data sheet, that sheet must match the federal data sheet exactly in content and format. States and localities may also ask for extra information, like where hazardous chemicals are and how much, attached to the sheet or provided another way.

Full Legal Text

Title 42, §11041

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Nothing in this chapter shall—

(1)preempt any State or local law,

(2)except as provided in subsection (b), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law, or

(3)affect or modify in any way the obligations or liabilities of any person under other Federal law.

(b)Any State or local law enacted after August 1, 1985, which requires the submission of a material safety data sheet from facility owners or operators shall require that the data sheet be identical in content and format to the data sheet required under subsection (a) of section 11021 of this title. In addition, a State or locality may require the submission of information which is supplemental to the information required on the data sheet (including information on the location and quantity of hazardous chemicals present at the facility), through additional sheets attached to the data sheet or such other means as the State or locality considers appropriate.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11041

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73