Chapter ATCP 139

Chapter ATCP 139

CONSUMER PRODUCT SAFETY

ATCP 139.01   Definitions.

ATCP 139.02   Labeling of hazardous substances.

ATCP 139.03   Hazardous substances; special labeling requirements.

ATCP 139.04   Banned products; general.

ATCP 139.05   Children’s products; general.

ATCP 139.055   Banned children’s products.

ATCP 139.06   Exemptions for small packages, minor hazards, and special circumstances.

ATCP 139.07   Poison labeling requirements.

ATCP 139.08   Antifreeze and extremely flammable contact adhesives; labeling.

ATCP 139.09   Strong sensitizers.

ATCP 139.10   Testing for hazardous substances.

ATCP 139.12   Unfair methods of competition and unfair trade practices.

Ch. ATCP 139 Note Note: Chapter Ag 72 was renumbered chapter ATCP 139 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Ch. ATCP 139 Note Note: This chapter is adopted under authority of ss. 93.07 (1), 100.20 (2), 100.37 (2) and 100.42 (2), Stats. Violations of this chapter are subject to the penalties and remedies provided under s. 100.20 (6), 100.26 (1), (3) or (6), 100.37 (8), 100.38 (7), 100.42 (4) or 100.43 (4), Stats.

ATCP 139.01 ATCP 139.01 Definitions. In addition to definitions under ss. 100.37 and 100.42, Stats., the following shall apply in the interpretation and enforcement of this chapter:

ATCP 139.01(1) (1) “Children’s product” means a consumer product, toy or other article designed or intended primarily for children 12 years of age or under.

ATCP 139.01(1m) (1m) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 139.01(2) (2) “Federal act” means the federal hazardous substance act of 1960, as amended (15 USC 1261 et. seq.), and regulations adopted thereunder (16 CFR Part 1500).

ATCP 139.01(2m) (2m) “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.”

ATCP 139.01(3) (3) “Neck area” means the area one inch above and below the seam between the body of a garment and the collar or hood.

ATCP 139.01(5) (5) “Upper outerwear” means clothing, such as jackets and sweatshirts, that is generally intended to be worn over other garments.

ATCP 139.01 History 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 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.

ATCP 139.02(2) (2) 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.

ATCP 139.02(3) (3) If the product is highly toxic the label shall contain in addition to the signal word, the word “POISON” and the skull and crossbones.

ATCP 139.02(4) (4) 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.

ATCP 139.02(5) (5) 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.

ATCP 139.02(6) (6) 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.

ATCP 139.02(7) (7) 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.

ATCP 139.02(8) (8) 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.

ATCP 139.02(9) (9) 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).

ATCP 139.02(10) (10) Any article, substance or product labeled in accordance with the federal act meets the labeling requirements of this chapter.

ATCP 139.02 History 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 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.

ATCP 139.03(1) (1) 

ATCP 139.03(1)(a) (a) 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.

ATCP 139.03(1)(b) (b) 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.

ATCP 139.03(2) (2) 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”.

ATCP 139.03(3) (3) 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”.

ATCP 139.03(4) (4) 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”.

ATCP 139.03(5) (5) 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”.

ATCP 139.03(6) (6) 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”.

ATCP 139.03(7) (7) 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”.

ATCP 139.03(8) (8) 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”.

ATCP 139.03(9) (9) 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”.

ATCP 139.03(10) (10) 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.

ATCP 139.03(11) (11) 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 History: Cr. Register, January, 1978, No. 265, eff. 2-1-78.

ATCP 139.04 ATCP 139.04 Banned products; general. The following consumer products or hazardous substances present an unreasonable hazard to public health and safety that cannot be adequately cured by product labeling, and are banned from sale or distribution in this state pursuant to s. 100.37 (2) or 100.42 (2), Stats., or both ss. 100.37 (2) and 100.42 (2), Stats.:

ATCP 139.04(1) (1) Extremely flammable mixtures intended primarily for application to interior masonry walls and floors as a water repellent treatment.

ATCP 139.04(2) (2) Carbon tetrachloride and mixtures containing it, excluding unavoidable manufacturing residues of carbon tetrachloride in other chemicals that under reasonably foreseeable conditions of use do not result in an atmospheric concentration of carbon tetrachloride greater than 10 parts per million.

ATCP 139.04(3) (3) Firework devices, including but not limited to cherry bombs, M-80 salutes, silver salutes, and other large firecrackers, aerial bombs and other fireworks designed to produce audible or smoke effects, and kits and components intended to produce such fireworks, if the audible or smoke effect is produced by a charge of more than 16.2 milligrams of flammable or explosive pyrotechnic composition. This subsection does not apply to fireworks authorized for sale or use as provided under s. 167.10, Stats.

ATCP 139.04(4) (4) Liquid drain cleaners containing 10% or more by weight of sodium or potassium hydroxide or sulfuric acid, except that this subsection shall not apply to such liquid drain cleaners if packaged in accordance with a standard for special packaging of such articles under s. 100.43, Stats., or under the federal poison prevention packaging act of 1970 (15 USC 1471-76).

ATCP 139.04(5) (5) Products containing soluble cyanide salts, excluding unavoidable manufacturing residues of cyanide salts in other chemicals that under reasonable and foreseeable conditions of use will not result in a concentration of cyanide greater than 25 parts per million.

ATCP 139.04(6) (6) Paint or other similar surface-coating materials, intended for household use or packaged in a form suitable for household use, which contain lead or lead compounds in which the weight of lead metal (Pb) exceeds 0.06% of the weight of the total nonvolatile content of the paint or the weight of the dried paint film. This subsection does not apply to artists’ paints and related materials.

ATCP 139.04(7) (7) Garments containing asbestos other than garments having a bona fide application for personal protection against thermal injury and so constructed that the asbestos fibers will not become airborne under reasonably foreseeable conditions of use.

ATCP 139.04(8) (8) Fire extinguishers containing substances which are or become highly toxic when used according to label directions to extinguish a fire.

ATCP 139.04(9) (9) Vinyl chloride monomer as an ingredient or propellent in self-pressurized products intended or suitable for household use.

ATCP 139.04(10) (10) Butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.

ATCP 139.04(11) (11) Flammable substances containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons when used or intended for use as refrigerants in motor vehicles whose mobile air conditioners, as defined under s. 100.45 (1) (b), Stats., were not designed and manufactured to use flammable refrigerants.

ATCP 139.04(12) (12) All lawn darts banned under 16 CFR 1306.

ATCP 139.04 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; cr. (10), Register, February, 1986, No. 362, eff. 3-1-86; emerg. cr. (11), eff. 10-9-96, cr. (11), Register, June, 1997, No 498, eff. 7-1-98; CR 09-002: r. and recr. (title) and (intro.), am. (6), cr. (12) Register August 2009 No. 644, eff. 9-1-09.

ATCP 139.05 ATCP 139.05 Children’s products; general.

ATCP 139.05(1) (1) Electrically operated toys intended for use by children and powered by household current, shall be considered as hazardous substances subject to labeling requirements under s. 100.37 (1), Stats., to include directions for use for the protection of children from electrical, mechanical or thermal hazards.

ATCP 139.05(2) (2) Toys or other articles intended for use by children which, under reasonable and foreseeable conditions of use or abuse by children in the age group for which they were designed or intended, may cause personal injury or illness through electrical shock, fire, burns, bodily cuts, punctures or wounds, or which otherwise present an unreasonable risk of harm or injury because of electrical, mechanical or thermal hazards associated with their construction, design or use shall, for purposes of s. 100.37 (2) (e) and (5), Stats., be considered hazardous substances and subject to holding order and summary ban procedures.

ATCP 139.05 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; emerg. cr. (4), eff. 5-24-93; cr. (4), Register, May, 1994, No. 461, eff. 6-1-94; renum. ATCP 139.05 (3) (intro.) to (e) to be ATCP 139.055 (intro.) to (5), Register, August, 1999, No. 524, eff. 9-1-99; CR 09-002: r. and recr. (title), r. (4) Register August 2009 No. 644, eff. 9-1-09..

ATCP 139.055 ATCP 139.055 Banned children’s products. The following children’s products, which present a serious and unreasonable hazard to child health and safety that cannot be adequately cured by product labeling, are banned from sale or distribution in this state pursuant to s. 100.37 (2) or 100.42 (2), Stats., or both ss. 100.37 (2) and 100.42 (2), Stats.: