Chapter ATCP 139

ATCP 139.06(17) (17) Cigarette lighters containing not more than 10 cubic centimeters of petroleum distillate fuel in a flush-set screwed-type sealed container, are exempt from labeling requirements insofar as they apply to flammability. Cigarette lighters containing not more than 12 grams of butane or isobutane fuel at the time of sale and designed in such a manner that the fuel reservoir will withstand a pressure of at least one and one-half times the maximum pressure which will be developed in the container at 120ºF., are exempt from the labeling requirements insofar as they apply to flammability and under pressure.

ATCP 139.06(18) (18) Containers of dry granular fertilizers and dry granular plant foods are exempt from labeling requirements insofar as they apply to such products as being toxic substances, provided the label bears the additional statement “KEEP OUT OF REACH OF CHILDREN" or its practical equivalent.

ATCP 139.06(19) (19) Small plastic capsules containing paste composed of powdered metal solder mixed with a liquid flux are exempt from label requirements provided the capsule holds not more than one-half milliliter of the solder mixture, is sold only as a component of a kit, and adequate caution statements appear on the carton of the kit and on any accompanying labeling which bears directions for use.

ATCP 139.06(20) (20) Chemistry sets and other science education sets intended primarily for use by juveniles and replacement containers of chemicals for such sets, are exempt from the labeling requirements of s. ATCP 139.02 (1), provided the immediate container of each chemical that is hazardous as defined in the statutes and these rules bears on its main panel the name of such chemical, the appropriate signal word for that chemical and the additional statement “READ BACK LABEL BEFORE USING" or “READ SIDE PANEL BEFORE USING", as appropriate, and bears on the back or side panel of the immediate container the remainder of the appropriate cautionary statement for the specific chemical in the container. The front page or cover of the experiment manual or other instruction book or booklet accompanying such set and the main display panel on the outer carton shall bear the following caution statement within the borders of a rectangle and in the type size specified in s. ATCP 139.02:

WARNING: This set contains chemicals that may be harmful if misused. Read cautions on the individual containers carefully. Not to be used for children except under adult supervision.

ATCP 139.06(21) (21) Fire extinguishers under pressure and designed to withstand a pressure of at least 6 times the charging pressure at 70ºF., are exempt from the label requirements insofar as they apply to the pressure hazard.

ATCP 139.06 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78.

ATCP 139.07 ATCP 139.07 Poison labeling requirements. The signal word “POISON", instead of any other signal word, shall be printed on the label of the following substances at concentrations indicated:

ATCP 139.07(1) (1) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCL) in a concentration of 10% or more.

ATCP 139.07(2) (2) Sulfuric acid and any preparation containing free or chemically unneutralized sulfuric acid (H2SO4) in a concentration of 10% or more.

ATCP 139.07(3) (3) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of 5% or more.

ATCP 139.07(4) (4) Carbolic acid (C6H5OH), also known as phenol, and any preparation containing carbolic acid in a concentration of 5% or more.

ATCP 139.07(5) (5) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in concentration of 10% or more.

ATCP 139.07(6) (6) Oxalic acid salts, except ferrous oxalate, and any preparation containing any such salt in a concentration of 10% or more.

ATCP 139.07(7) (7) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H2O2) in a concentration of 20% or more.

ATCP 139.07(8) (8) Hypochlorous acid, either free or combined, and any preparation containing the acid in a concentration that will yield 10% or more by weight of available chlorine.

ATCP 139.07(9) (9) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and vienna paste (vienna caustic), in a concentration of 10% or more.

ATCP 139.07(10) (10) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye in a concentration of 10% or more.

ATCP 139.07(11) (11) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of 5% or more.

ATCP 139.07(12) (12) Ammonia water and any preparation containing free or chemically uncombined ammonia (NH), including ammonium hydroxide and hartshorn, in a concentration of 5% or more.

ATCP 139.07 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78.

ATCP 139.08 ATCP 139.08 Antifreeze and extremely flammable contact adhesives; labeling.

ATCP 139.08(1) (1) Methyl alcohol-base (methanol-base) radiator antifreeze distributed in containers shall bear the following warning statement when the only hazard is that caused by the methyl alcohol content and its flammability:

DANGER — POISON
(Skull and Crossbones Symbol)
MAY BE FATAL OR CAUSE BLINDNESS
IF SWALLOWED
FLAMMABLE — VAPOR HARMFUL

Contains methyl alcohol (methanol). Cannot be made nonpoisonous. Avoid contact with eyes. Use only in a well-ventilated area. Keep away from heat and open flame. Do not store in open or unlabeled containers.

First aid: In case of contact with eyes, flush thoroughly with water. If swallowed, induce vomiting. Call a physician immediately.

Keep out of the reach of children.

ATCP 139.08(2) (2) Ethylene glycol-base radiator antifreeze distributed in containers shall bear warning statements as follows, when the hazard is that caused by ethylene glycol and (if present) sodium arsenite:

ATCP 139.08(2)(a) (a) For ethylene glycol antifreeze containing less than 0.01% by weight of sodium arsenite.

WARNING — HARMFUL OR FATAL
IF SWALLOWED

Do not drink antifreeze or solution. If swallowed, induce vomiting immediately. Call a physician. Ethylene glycol base. Do not store in open or unlabeled containers. Keep out of the reach of children.

ATCP 139.08(2)(b) (b) For ethylene glycol antifreeze containing 0.01% but no more than 1% by weight of sodium arsenite.

WARNING — HARMFUL OR FATAL
IF SWALLOWED

Do not drink antifreeze or solution. If swallowed, induce vomiting immediately. Call a physician. Ethylene glycol base containing sodium arsenite (less than 1%).

Antidote for sodium arsenite: Dimercaprol (BAL) to be administered only by a physician.

Do not store in open or unlabeled containers. Keep out of the reach of children.

ATCP 139.08(3) (3) 

ATCP 139.08(3)(a) (a) Extremely flammable contact adhesive, also known as contact bonding cement, and similar liquid or semiliquid articles having a flashpoint at or below 20°F., when sold in containers of more than one-half pint, when the only hazard foreseeable is that caused by the extreme flammability of the mixture, shall bear the following warning statement:

DANGER
VAPORS MAY CAUSE FLASH FIRE
EXTREMELY FLAMMABLE

Vapors may ignite explosively.

Prevent buildup of vapors — open all windows and doors — use only with cross-ventilation.

Keep away from heat, sparks, and open flame.

Do not smoke, extinguish all flames and pilot lights, and turn off stoves, heaters, electric motors, and other sources of ignition during use and until all vapors are gone.

Close container after use.

Keep out of the reach of children.

ATCP 139.08(3)(b) (b) The placement, type size, necessary prominence, and typography or color for the signal word and warning statement appearing in capital letters in sub. (3) (a), as well as all cautionary information, shall comply with the requirements of s. ATCP 139.02.

ATCP 139.08(3)(c) (c) If an article has additional hazards, or contains ingredients requiring special labeling under s. ATCP 139.03, appropriate additional front and rear panel precautionary labeling is required.

ATCP 139.08 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78.

ATCP 139.09 ATCP 139.09 Strong sensitizers. The following substances are considered to be strong sensitizers under s. 100.37 (1) (j), Stats.:

ATCP 139.09(1) (1) Paraphenylenediamine and products containing it.

ATCP 139.09(2) (2) Powdered orris root and products containing it.

ATCP 139.09(3) (3) Epoxy resins systems containing in any concentration ethylenediamine, diethylenetriamine, and diglycidyl ethers of molecular weight of less than 200.

ATCP 139.09(4) (4) Formaldehyde and products containing 1% or more of formaldehyde.

ATCP 139.09(5) (5) Oil of bergamot and products containing 2% or more of oil of bergamot.

ATCP 139.09 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1993, No. 448.

ATCP 139.10 ATCP 139.10 Testing for hazardous substances. Test procedures employed under the federal act shall be the test procedures employed by the department under this chapter in determining whether the substance is a hazardous substance as defined under s. 100.37 (1) (c), Stats.

ATCP 139.10 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1993, No. 448.

ATCP 139.12 ATCP 139.12 Unfair methods of competition and unfair trade practices. A violation of this chapter is an unfair method of competition and unfair trade practice in business under s. 100.20 (1), Stats., and is hereby prohibited under s. 100.20 (2) (a), Stats.

ATCP 139.12 History History: CR 09-002: cr. Register August 2009 No. 644, eff. 9-1-09.