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Status under USDOL-OSHA Hazard Communication Rule,29 CFR 1910.1200 Gypsum is considered a"hazardous chemical"under this regulation,and should be part of any hazard communication program. Status under CERCLA/SUPERFUND 40 CFR 117 and 302 Not listed. Hazard Category under SARA(Title III), Sections 311 and 312 Gypsum qualifies as a"hazardous substance"with delayed health effects. Status under SARA(Title III), Section 313 Not subject to reporting requirements under Section 313. Status under TSCA(as of May 1997) Some substances in gypsum are on the TSCA inventory list. Status under the Federal Hazardous Substances Act Gypsum is a"hazardous substance" subject to statutes promulgated under the subject act. Status under California Proposition 65 This product contains up to 0.05 percent of chemicals(trace elements)known to the State of California to cause cancer,birth defects or other reproductive harm. California law requires the manufacturer to give the above warning in the absence of definitive testing to prove that the defined risks do not exist. Section 16-OTHER INFORMATION Prepared bX Kevin Keegan Director-Health and Safety CEMEX,Inc. Houston,Texas Approval date or Revision date Approved:July 1998 Revised:January 2008 Other important information This product should only be used by knowledgeable persons. While the information provided in this material safety data sheet is believed to provide a useful summary of the hazards this product as it is commonly used,the sheet cannot anticipate and provide the all of the information that might be needed in every situation.Inexperienced product users should obtain proper training before using this product. SELLER MAKES NO WARRANTY, EXPRESSED OR IMPLIED, CONCERNING THE PRODUCT OR THE MERCHANTABILITY OR FITNESS THEREOF FOR ANY PURPOSE OR CONCERNING THE ACCURACY OF ANY INFORMATION PROVIDED BY CEMEX,Inc.except that the product shall conform to contracted specifications. The information provided herein was believed by CEMEX, Inc.to be accurate at the time of preparation or prepared from sources believed to be reliable,but it is the responsibility of the user to investigate and understand other pertinent sources of information to comply with all laws and procedures applicable to the safe handling and use of product and to determine the suitability of the product for its intended use. Buyer's exclusive remedy shall be for damages and no claim of any kind,whether as to product delivered or for non-delivery of product,and whether based on contract,breach of warranty,negligence,or otherwise shall be greater in amount than the purchase price of the quantity of product in respect of which damages are claimed. In no event shall Seller be liable for incidental or consequential damages,whether Buyer's claim is based on contract,breach of warranty,negligence or otherwise.