|(a) General requirements.
(1) The signal word, the statement of the principal
hazard or hazards, and instructions to read carefully any cautionary
information that may be placed elsewhere on the label shall appear
together on the main panel of the label. Such information shall be
placed together and distinctively apart from other wording or designs.
The necessary prominence shall be achieved by placement within the
borders of a square or rectangle with or without a borderline, and
by use of suitable contrasts with the background achieved by distinctive
typography or color, and by both color and typography when needed.
(2) If the product is "extremely flammable" as defined
in §205.23 of this title (relating to Classes of Substances),
the labeling shall also include in conjunction with the word "danger"
the words "extremely flammable." The word "danger" is considered a
signal word as that term is used in paragraph (1) of this subsection.
(3) The signal word and statement of hazard shall be
in capital letters. The size of the signal word (including the word
"danger" is required) shall be of a size bearing a reasonable relationship
to the other type on the main panel, but shall not be less than 18
point type, and the size of the statement of hazard shall not be less
than 12 point type, unless the label space on the container is too
small to accommodate such type size. When the size of the label space
requires a reduction in typesize, the reduction shall be made to a
size no smaller than is necessary and in no event to a size smaller
than six point type.
(4) All the items of label information required by
the Act, §2, (or by regulations prescribing additional information
under §205.24 of this title (relating to Children's Clothing)
and this section) may appear on the main panel; but if they do not,
all such items not required by paragraph (1) of this subsection to
appear on the main panel shall be placed together in a distinctive
place elsewhere on the label with adequate contrast achieved by typography,
color, or layout except that the name and place of business of the
manufacturer, packer, distributor, or seller may appear separately
on the same or on a different panel. The type size used shall bear
a reasonable relationship to the printing on the panel involved and
shall be no smaller than 10 point unless the available label space
requires reductions, in which event it shall be reduced no smaller
than six point type unless because of small label space an exemption
has been granted under the Act, §5(a).
(5) Collapsible metal tubes containing hazardous flammable
substances shall be labeled so that all items of label information
required by the Act, §2, or by regulations prescribing additional
information shall appear as close to the dispensing end of the container
as possible. The size, placement, and conspicuousness of these statements
shall conform with paragraphs (1), (3), and (4) of this subsection.
(6) Unpackaged hazardous substances intended or in
a form suitable for use in or around a household or by children shall
be labeled so that all items of information required by the Act or
by regulations in this part shall appear upon the article itself.
In instances where such labeling is impracticable because of the size
or nature of the article, the required cautionary labeling must be
displayed by means of a tag or other suitable material that is securely
affixed to the article so that the labeling will remain attached throughout
conditions of merchandising and distribution to the ultimate consumer.
The size, placement, and conspicuousness of these statements shall
conform with paragraphs (1), (3) and (4) of this subsection.
(b) Special requirements.
(1) Labeling requirements for accompanying literature.
When any accompanying literature includes or bears any directions
for use (by printed word, picture, design, or combination of such
methods) such placard, pamphlet, booklet, book, sign, or other graphic
or visual device shall bear all the information required by §2
of the Act and this section.
(2) Substances determined to be "special hazards."
Whenever the department determines that for a particular hazardous
substance, intended or packaged in a form suitable for use in the
household or by children, the requirements in the Act, §2, are
not adequate for the protection of the public health and safety because
of some special hazard, the department shall, by appropriate action,
specify such reasonable variations or additional label requirements
that it finds are necessary for the protection of the public health
and safety. Such order shall specify a date that is not less than
90 days after that order is published (unless emergency conditions
stated in the order specify an earlier date) after which any such
hazardous substance intended or packaged in a form suitable for use
in the household or by children, that fails to bear a label in accordance
with such order shall be deemed to be a misbranded hazardous substance.
(3) Substances with multiple hazards.
(A) Any article that presents more than one type of
hazard (for example, if the article is both "toxic" and "flammable")
must be labeled with an affirmative statement of each such hazard;
instructions for handling and storage of articles that require special
care in handling and storage because of more than one type of hazard
presented by the article, as well as the common or usual name (or
the chemical name if there is no common or usual name for each hazardous
component present in the article).
(B) Label information referring to the possibility
of one hazard may be combined with parallel information concerning
any additional hazards presented by the article; provided, that the
resulting condensed label statement shall contain all of the information
needed for dealing with each type of hazard presented by the article.
(c) Specific label requirements.
(1) Extremely flammable contact adhesives; labeling.
(A) Extremely flammable contact adhesives, also known
as contact bonding cements, when distributed in containers intended
or suitable for household use may be misbranded under the Act if the
containers fail to bear a warning statement adequate for the protection
of the public health and safety.
(B) The following warning statement is considered as
a minimum cautionary labeling adequate to meet the requirements of
section 2 of the Act with respect to containers of more than 1/2 pint
of contact adhesive and similar liquid or semiliquid articles having
a flashpoint at or below 20°F as determined by the method in §205.23
of this title (relating to Classes of Substances) when the only hazard
foreseeable is that caused by the extreme flammability of the mixture:
VAPORS MAY CAUSE FLASH FIRE
(C) The words that are in capital letters in the warning
statement set forth in subparagraph (B) of this paragraph should be
printed on the main (front) panel or panels of the container in capital
letters of the type size specified. The balance of the cautionary
information may appear together on another panel provided the front
panel bears a statement such as "Read carefully other cautions on
40 panel,' the blank being filled in with the identification of the
specific label panel bearing the balance of the cautionary labeling.
It is recommended that a borderline be used in conjunction with the
(D) If an article has additional hazards, or contains
ingredients listed in section 1 of the Act as requiring special labeling,
appropriate additional front and rear panel precautionary labeling
(2) Children's sleepwear. Temporary labeling requirements
of noncomplying items. Items of noncomplying children's sleepwear
which are manufactured during the 12 months following the effective
date of the standard shall, prior to introduction into commerce, be
prominently, permanently, and conspicuously labeled with the following
statement: "Flammable (Does not meet U. S. Department of Commerce
Standard DOC FF 3-71). Should not be worn near sources of fire.' Such
labels should be in accordance with the rules and regulations established
by the Federal Trade Commission and this department.
(d) Label restrictions.
(1) Deceptive use of disclaimers.
(2) A hazardous substance shall not be deemed to have
met the requirements of the Act, §2, if there appears in or on
the label or in accompanying literature words, statements, designs,
or other graphic material that in any manner negates or disclaims
any of the label statements required by the Act: for example, the
statement on a toxic or irritant substance, such as "Harmless" or
"Safe around pets."