| (a) Required information on the label. A hazardous substance
shall be considered a misbranded hazardous substance unless the hazardous
substance bears a label which states conspicuously:
(1) the name and place of business of the manufacturer, packer,
distributor, or seller;
(2) the common or usual name or the chemical name (if there
be no common or usual name) of the hazardous substance or of each component
which contributes substantially to its hazard, unless the department by rule
permits or requires the use of a recognized generic name;
(3) the signal word "Danger" on substances which are extremely
flammable, corrosive, or highly toxic;
(4) the signal word "Warning" or "Caution" on all other hazardous
substances;
(5) an affirmative statement of the principal hazard or hazards,
such as "Flammable," "Combustible," "Vapor Harmful," "Causes Burns," "Absorbed
Through Skin," or similar wording descriptive of the hazard;
(6) precautionary measures describing the action to be followed
or avoided, except when modified by rule of the department;
(7) instruction, when necessary or appropriate, for first-aid
treatment;
(8) the word "Poison" and the "Skull and Crossbones" symbol
for any hazardous substance which is defined as "highly toxic" under these
rules. The word "poison" is not a signal word and shall not replace, but shall
be in addition to, the signal word;
(9) instructions for handling and storage of packages which
require special care in handling or storage; and
(10) the statement, "Keep out of the reach of children" or
its practical equivalent, or, if the Article is intended for use by children
and is not a banned hazardous substance, adequate directions for the protection
of children from the hazard.
(b) Placing the information on the label. Information contained
in subsection (a) of this section shall be placed on the label in the following
manner.
(1) The "signal word," the "statement of 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) The area of the principal display panel is the area of
the side or surface of the immediate container, or of the side or surface
of any outer container or wrapping, that bears the labeling designed to be
the most prominently displayed, shown, presented, or examined under conditions
of retail sale. This area is not limited to the portion of the surface covered
with labeling; rather, it includes the entire surface. Flanges at the tops
and bottoms of cans, conical shoulders of cans, handles, and shoulders and
necks of bottles and jars are excluded in measuring the area. For the purposes
of determining the proper type size for cautionary labeling, the area of the
principal display panel, or other panel bearing cautionary labeling, is to
be computed as follows.
(A) In the case of a rectangular package, where one entire
side is the principal display panel, the product of the height times the width
of that side shall be the area of the principal display panel.
(B) In the case of a cylindrical or nearly cylindrical container
or tube on which the principal display panel appears on the side, the area
of the principal display panel shall be 40% of the product of the height of
the container times its circumference.
(C) In the case of any other shape of container, the area of
the principal display panel shall be 40% of the total surface of the container,
excluding those areas, such as flanges at the tops and bottoms. However, if
such a container presents an obvious principal display panel (such as an oval
or hour-glass shaped area on the side of a container for dishwashing detergent),
the area to be measured shall be the entire area of the obvious principal
display panel.
(3) The type sizes used for the signal word, statements of
hazard, and all other precautionary and first aid labeling required by these
regulations shall be determined in the following manner.
(A) The term "type size" refers to the height of the actual
printed image of each upper case or capital letter as it appears on the label.
The size of cautionary labeling shall be reasonably related to the type size
of any other printing appearing on the same panel, but in any case must meet
the minimum size requirements in Table 1, as follows:
Attached Graphic
(B) When an item of labeling is required to be in a specified
type size, all upper case or capital letters must be at least equal in height
to the required type size, and all other letters must be the same style as
the upper case or capital letters. Unless otherwise specified in the regulations,
the type size of all cautionary statements appearing on any display panel
shall comply with the specifications in Table 1 when the area of the display
panel is measured by the method in paragraph (2) of this subsection.
(C) If all of the required cautionary labeling does not appear
on the principal display panel, the statement to "Read carefully other cautions
on the ________ panel," or its practical equivalent, must appear in, as a
minimum, the same type size as that required in Table 1 for the other cautionary
material which appears elsewhere on the label of a hazardous substance. The
size of the cautionary labeling that does not appear on the principal display
panel is determined by the area of the panel on which it does appear.
(4) Collapsible metal tubes containing hazardous substances
shall be labeled so that all items of the label information required by subsection
(a) of this section 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 this subsection.
(5) 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 or information required by the Act or by these rules shall appear on
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) of this subsection.
(6) Whenever the statement of the principal hazard or hazards
itself provides the precautionary measures to be followed or avoided, a clear
statement of the principal hazard will satisfy the requirements of subsection
(a)(5) and (6) of this section. When the statement of the precautionary measures
in effect provides for instruction for first-aid treatment, the statement
of the precautionary measures will satisfy the requirements of subsection
(a)(6) and (7) of this section.
(7) When any accompanying literature includes or bears any
directions for use (by printed word, picture, design, or combination thereof),
such placard, pamphlet, booklet, book, sign, or other graphic or visual device
shall bear all the information required by subsection (a) of this section.
(8) Any article that presents more than one type of hazard
(for example, if the article is both toxic and flammable) must be labeled
with the following:
(A) an affirmative statement of each such hazard;
(B) the precautionary measures describing the action to be
followed or avoided for each such hazard, instructions when necessary or appropriate,
for first-aid treatment of persons suffering from the ill effects that may
result from each such hazard;
(C) instructions for handling and storage of articles that
require special care in handling and storage because of more than one hazard
presented by the article; and
(D) 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.
Label information referring to the possibility of one hazard may be combined
with parallel information concerning any additional hazards presented by the
article if the resulting condensed statement contains all of the information
needed for dealing with each type of hazard presented by the article.
Cont'd... |
