| (9) Self-pressurized containers that fail to bear a warning
statement adequate for the protection of the public health and safety may
be misbranded under the Act and these rules, except as otherwise provided
pursuant to the Federal Hazardous Substances Act, §3. The following
warning statement will be considered as meeting the requirements of subsection
(a) of this section if the only hazard associated with the article is that
the contents are under pressure: "Warning-Contents Under Pressure. Do not
puncture or incinerate container. Do not expose to heat or store at temperatures
above 120 degrees Fahrenheit. Keep out of the reach of children." The word
"caution" may be substituted for the word "warning." A practical equivalent
may be substituted for the statement, "Keep out of the reach of children."
(c) Label restrictions regarding deceptive use of disclaimers.
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."
(d) Exemptions for unlabeled containers.
(1) Except as provided by this paragraph and paragraphs (2)
and (3) of this subsection, a shipment or other delivery of a hazardous substance
that in accordance with the practice of the trade is to be labeled in substantial
quantity at an establishment other than that where originally manufactured
or packed shall be exempt during the time of introduction into and movement
in commerce and during the time of holding in that establishment from compliance
with the labeling requirements as set forth in the Act and in subsections
(a) and (b) of this section if:
(A) the person who introduced the shipment or delivery into
commerce is the operator of the establishment where the hazardous substance
is to be received and labeled; or
(B) the person who introduced the shipment or delivery is not
the operator, and the shipment or delivery is made to the establishment under
a written agreement, signed by and containing the post office address of the
person and the operator, and containing whatever specifications for the labeling
of the hazardous substance that are necessary to insure, if such specifications
are followed, that the hazardous substance will not be misbranded within the
meaning of the Act upon completion of the labeling. The person and the operator
shall each keep a copy of the agreement until two years after the final shipment
or delivery under the agreement has been completed and shall make copies of
the agreement available for inspection upon request of any properly authorized
employee of the department.
(2) An exemption of a shipment or delivery of a hazardous substance
under paragraph (1)(A) of this subsection shall, at the beginning of the act
of removing the shipment or delivery of any part thereof from the establishment,
become void from the beginning if the hazardous substance comprising the shipment,
delivery, or part is misbranded within the meaning of the Act when so removed.
(3) An exemption of a shipment or delivery of a hazardous substance
paragraph (1) (B) of this subsection shall become void from the beginning
with respect to the person who introduced the shipment or delivery into commerce
upon refusal by that person to make available for inspection a copy of the
agreement as required by paragraph (1)(B) of this subsection.
(4) An exemption of a shipment or other delivery of a hazardous
substance under paragraph (1)(B) of this subsection shall expire:
(A) at the beginning of the act of removing the shipment or
delivery, or any part thereof, from the establishment if the hazardous substance
comprising the shipment, delivery, or part is misbranded within the meaning
of the Act when so removed; or
(B) upon refusal by the operator of the establishment where
the hazardous substance is to be labeled, to make available for inspection
a copy of the agreement required by paragraph (1)(B) of this subsection.
(e) Exemptions under the Federal Hazardous Substances Act.
As required by Title 16, C.F.R., Chapter II, §1500.7, nothing within
these rules shall be construed as preempting any portion of the Federal Hazardous
Substances Act or federal regulations adopted thereunder. Therefore, any and
all exemptions for the labeling of hazardous products as set forth within
Chapter II, §1500.7, or which may be granted from time to time by the
U.S. Consumer Product Safety Commission, are also exempt from the labeling
requirements of the Act.
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