Register August 2009 No. 644
Chapter ATCP 139
CONSUMER PRODUCT SAFETY
Labeling of hazardous substances.
Hazardous substances; special labeling requirements.
Banned products; general.
Children's products; general.
Banned children's products.
Exemptions for small packages, minor hazards, and special circumstances.
Poison labeling requirements.
Antifreeze and extremely flammable contact adhesives; labeling.
Testing for hazardous substances.
Unfair methods of competition and unfair trade practices.
ATCP 139.01 Definitions.
In addition to definitions under ss. 100.37
, Stats., the following shall apply in the interpretation and enforcement of this chapter:
“Children's product" means a consumer product, toy or other article designed or intended primarily for children 12 years of age or under.
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
“Infant walker" means a mobile unit that enables a child to move on a horizontal surface when propelled by the child sitting or standing within that mobile unit. “Infant walker" includes products commonly known as “baby walkers," “baby-bouncers" or “walker-jumpers."
“Neck area" means the area one inch above and below the seam between the body of a garment and the collar or hood.
“Upper outerwear" means clothing, such as jackets and sweatshirts, that is generally intended to be worn over other garments.
ATCP 139.01 History
Cr. Register, January, 1978, No. 265
, eff. 2-1-78; am. (intro.), cr. (3) and (5), Register, August, 1999, No. 524
, eff. 9-1-99; CR 09-002: renum. (1) to be (1m), cr. (1) and (2m) Register August 2009 No. 644, eff. 9-1-09.
ATCP 139.02 Labeling of hazardous substances. ATCP 139.02(1)(1)
The labels of hazardous substances shall contain all labeling information required under s. 100.37 (1) (h)
, Stats., except as modified or exempted under this chapter. Hazardous substances or articles for which additional or supplemental labeling is required under this chapter, shall be labeled in conformity with such requirements.
The signal words, the statement of the principal hazard or hazards, and instructions to read carefully any cautionary information that may appear elsewhere on the label, shall be placed together on the main panel of the label within the borders of a square or rectangle with or without a borderline. Suitable contrast with the background shall be achieved by distinctive topography or color or both. The signal word and statement of hazard shall be in capital letters. Cautionary information, whether appearing on the main panel or elsewhere on the label, shall appear together separately and apart from other wording or designs.
If the product is highly toxic the label shall contain in addition to the signal word, the word “POISON" and the skull and crossbones.
The signal word, and the word “POISON" if required, shall be of a size bearing reasonable relationship to other type on the main panel, but shall not be less than 18 point type. The size of the statement of hazard shall not be less than 12 point type, unless label space on the container requires a smaller type size. If a smaller type size is required, the size shall be no smaller than necessary and in no event less than 6 point type.
All label information required under s. 100.37 (1) (h)
, Stats., and this chapter, may appear on the main panel. Label information not specifically required to appear on the main panel under sub. (2)
, may be placed on the main panel or elsewhere on the label with distinctive contrast achieved by typography, color, or layout. The name and place of business of the manufacturer, packer, distributor, or seller may appear separately on the same or a different panel. The type size used shall bear a reasonable relationship to other printing on the panel and be no smaller than 10 point type unless available label space requires a reduction in type size, in which event it shall be reduced to no less than 6 point type, unless an exemption has been granted under the federal act or by a permit from the department because of limited label space.
Collapsible metal tubes containing hazardous substances shall be labeled so that all label information required under this chapter shall appear as close to the dispensing end of the container as possible.
Unpackaged hazardous substances intended or in a form suitable for use in or around the household or by children shall be labeled so that all label information labeling is impractical because of the size or nature of the article, the labeling information required under this chapter shall be displayed by means of a tag or other suitable material which is securely affixed to the article so that the labeling will remain attached through all conditions of merchandising and distribution to the ultimate consumer.
Any article that represents more than one type of hazard shall be labeled with an affirmative statement of each hazard, including precautionary measures, instructions, or other steps to be taken in dealing with the hazard. Label information referring to one hazard may be combined with parallel information concerning additional hazards if the resulting statement contains all information needed for dealing with each type of hazard presented.
When any accompanying literature, whether by printed word, picture, design, or combination thereof, includes or contains any direction for use of a hazardous substance, such literature shall contain all information required under sub. (1)
Any article, substance or product labeled in accordance with the federal act meets the labeling requirements of this chapter.
ATCP 139.02 History
Cr. Register, January, 1978, No. 265
, eff. 2-1-78; corrections in (1) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1993, No. 448
ATCP 139.03 Hazardous substances; special labeling requirements.
Hazardous substances identified under this section present special hazards requiring supplemental label statements to protect the public, and the following label statements for substances and articles as specified shall supplement labeling required under s. ATCP 139.02
Charcoal briquettes and other forms of charcoal in containers for retail sale and intended for cooking or heating shall be labeled with a color contrasting heavy borderlined statement as follows:
WARNING: Do Not Use for Indoor Heating or Cooking Unless Ventilation is Provided for Exhausting Fumes to Outside. Toxic Fumes May Accumulate and Cause Death.
If packaged in bags, the statement shall appear in the upper 25% of both front and back panels of the bag, at least 2 inches below the seam and 1 inch from other reading material.
The statements shall appear in type size as follows: The signal word “WARNING" in letters at least three-eighths of an inch in height and the remaining text at least three-sixteenths of an inch in height.
Diethylene glycol and products containing 10% or more by weight of diethylene glycol shall be labeled with the signal word “WARNING" and the statement “HARMFUL IF SWALLOWED".
Ethylene glycol and products containing 10% or more by weight of ethylene glycol shall be labeled with the signal word “WARNING" and the statement “HARMFUL OR FATAL IF SWALLOWED".
Benzene and products containing 5% or more by weight of benzene shall be labeled with the signal word “DANGER" and the statement “VAPOR HARMFUL", the word “POISON", and the skull and crossbones symbol. If the product contains 10% or more by weight of benzene, it shall bear the additional statement of hazard “HARMFUL OR FATAL IF SWALLOWED" and the statements “IF SWALLOWED, DO NOT INDUCE VOMITING. CALL PHYSICIAN IMMEDIATELY".
Toluene, xylene, or petroleum distillates such as kerosene, mineral seed oil, naptha, gasoline, mineral spirits, stoddard solvent, and related petroleum distillates, and products containing 10% or more by weight of such substances shall be labeled with the signal word “DANGER" and bear the additional statement of hazards “VAPOR HARMFUL, HARMFUL OR FATAL IF SWALLOWED", and the statements “IF SWALLOWED, DO NOT INDUCE VOMITING. CALL PHYSICIAN IMMEDIATELY".
Methyl alcohol (methanol) and products containing 4% or more by weight of methyl alcohol shall be labeled with the signal word “DANGER", the additional word “POISON", and the skull and crossbones symbol. The statement of hazards shall include “VAPOR HARMFUL" and “MAY BE FATAL OR CAUSE BLINDNESS IF SWALLOWED". The label shall also bear the statement “CANNOT BE MADE NON-POISONOUS".
Turpentine, including gum turpentine, gum spirits of turpentine, sulfate wood turpentine, and destructively distilled wood turpentine and products containing 10% or more by weight of such turpentine shall be labeled with the signal word “DANGER" and the statement of hazard “HARMFUL OR FATAL IF SWALLOWED".
When a substance or mixture of substances labeled for use in or as a fire extinguisher are toxic, the containers shall be labeled with the signal word “CAUTION" or “WARNING" and the statement of hazard “DANGEROUS GAS FORMED WHEN USED TO EXTINGUISH FLAMES OR ON CONTACT WITH HEAT".
Regardless of whether sub. (8)
applies, any substance or mixture of substances labeled for use as a fire extinguisher, that if applied to an electrical fire, would subject the user to the likelihood of electrical shock shall be conspicuously labeled “CAUTION: DO NOT USE ON ELECTRICAL WIRES". All such substances or mixtures of substances shall also bear the additional statements “USE IN AN ENCLOSED PLACE MAY BE FATAL" and “DO NOT ENTER AREA UNTIL WELL VENTILATED AND ALL ODOR OF CHEMICAL HAS DISAPPEARED".
Lawn darts and similar sharp-pointed articles not intended for toy use and marketed solely as a game of skill for adults, shall bear the following statement on the front panel of the carton, and on any accompanying literature in contrasting color within a borderline and in letters at least one-quarter inch high on the main panel of the container and at least one-eighth inch high on all accompanying literature:
WARNING: Not a toy for use by children. May cause serious or fatal injury. Read instructions carefully. Keep out of reach of children.
When the only hazard of a product in a self-pressurized container is that the contents are under pressure, the following statement shall be set forth on the front panel of the container:
WARNING: CONTENTS UNDER PRESSURE
Do not puncture or incinerate container. Do not expose to heat or store at temperatures above 120ºF. Keep out of 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."
ATCP 139.03 History
Cr. Register, January, 1978, No. 265
, eff. 2-1-78.