subchapter c -- federal hazardous substances act regulations

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16 CFR Ch. II (1–1–05 Edition) – proposed modification – 6/25/06 § 1500.121 Labeling requirements; prominence, placement, and conspicuousness. (a)(1) Background and scope. Section 2(p)(1) of the Federal Hazardous Substances Act (FHSA) or ”the Act”), 15 U.S.C. 1261(p)(1), requires that hazardous substances bear certain cautionary statements on their labels. These statements include: signal words; affirmative statements of the principal hazard(s) associated with a hazardous substance; the common or usual name, or chemical name, of the hazardous substance; the name and place of business of the manufacturer, packer, distributor, or seller; statements of precautionary measures to follow; instructions, when appropriate, for special handling and storage; the statement ”Keep Out of the Reach of Children” or its practical equivalent; and, when appropriate, first-aid instructions. Section 2(p)(2) of the Act specifies that all such statements shall be located prominently on the label of such a substance and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label. This regulation contains the Commission’s interpretations and policies for the type size and placement of cautionary material on the labels of hazardous substances and contains other criteria for such cautionary statements that are acceptable to the Commission as satisfying section 2(p)(2) of the Act. Labels that do not comply with this regulation may be considered misbranded. (2) Definitions. For the purposes of this section: (i) Container means the immediate package from which a hazardous substance may be dispensed and also any article, package or wrapping, such as a tube or cone used for a firework or a wet cell battery casing containing sulfuric acid, which is necessary for the substance to function during actual use. (ii) Cautionary material, cautionary labeling, and cautionary labeling required by the Act mean all items of labeling information required by sections 2(p)(1) of the FHSA (repeated in 16 CFR 1500.3(b)(14)(i), supplemented in 16 CFR 1500.3(c)(10) or by the regulations which require additional labeling under section 3(b) of the Act. (iii) Display panel means any surface of the immediate container, and of any outer container or wrapping, which bears labeling. (iv) Principal display panel means the portion(s) of the surface of the immediate container, and of any outer container or wrapping, which bear(s) the labeling designed to be most prominently displayed, shown, presented, or examined under conditions of retail sale. (See paragraph (c)(1) of this section.) (v) Type size means the actual height of the printed image of each upper case or capital letter as it appears on the label of a hazardous substance. (See paragraph (c)(2) of this section.) (vi) Signal word means the appropriate word ”DANGER“ or ”WARNING,“ as specified in Table I of this section. (vii) Statement of principal hazard(s) means that wording descriptive of the principal or primary hazard(s) associated with a hazardous substance required by section 2(p)(1)(E) of the Act and supplemented in 16 CFR 1500.3(c)(10). Standardized texts for these statements, which are specific to each hazard and category of hazard, are included in Table I of this section. (viii) Pictogram means a graphical composition that includes a symbol plus other graphic elements, such as a border, background pattern or color that is intended to convey specific information. Pictograms, which are specific to each hazard and category of hazard, are included in Table I of this section. Pictograms should be in the shape of a square set at a point, should have a black symbol on a white background with a red frame sufficiently wide to be clearly visible, and should be the same height (measured from top point to bottom point) as the signal word, as specified in paragraph (c)(2) of this section. Deleted: , Deleted: or ”CAUTION,“ as required by sections 2(p)(1) (C) or (D) of the Act. Deleted: Some examples of such statements are ”HARMFUL OR FATAL IF SWALLOWED,“ ”VAPOR HARMFUL,“ ”FLAMMABLE,“ and ”SKIN AND EYE IRRITANT.” Table I –Labeling Requirments for Different Hazards Hazard Category Pictogram Signal Word -- 78 -- Statement of Hazard
16 CFR Ch. II (1–1–05 Edition)—proposed modificication – 6/25/06 Acute Toxicity (oral) 1 DANGER Fatal if swallowed 2 DANGER Fatal if swallowed 3 DANGER Toxic if swallowed 4 WARNING Harmful if swallowed 5 none WARNING May be harmful if swallowed Acute Toxicity (inhalation) 1 DANGER Fatal if inhaled 2 DANGER Fatal if inhaled 3 DANGER Fatal if inhaled 4 WARNING Harmful if inhaled Acute Toxicity (dermal) 1 DANGER Fatal in contact with skin 2 DANGER Fatal in contact with skin 3 DANGER Toxic in contact with skin 4 WARNING Harmful in contact with skin Aspiration toxicity DANGER May be fatal if swallowed and enters airways Specific target organ/systemic toxicity – single exposure DANGER Causes damage to organs (state all organs affected, if known) (state route of exposure if it is conclusively proven that no other routes of -- 79 --
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16 CFR Ch. II (1-1-05 Edition) - pr
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(6)(i) Highly toxic means any subst
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involved presents an imminent hazar
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experimental animals in which signi
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(A) Flammable gas, Category 2: Gase
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limited to, a garage, carport, barn
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ingestion, such products shall be l
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Use only under [close] adult superv
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containers intended for sale as art
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conforming to paragraph (b)(8)(i)(E
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(B) For purposes of LHAMA enforceme
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(iii) Since the Commission has issu
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foam and on grass. No other data ar
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Page 37 and 38: eactions are evaluated on the basis
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