Chapter ATCP 139

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.:

ATCP 139.055(1) (1) Toy rattles that are banned under 16 CFR 1500.18(a)(1).

ATCP 139.055 Note Note: 16 CFR 1500.18(a)(1) bans toy rattles that contain internal or external rigid wires, sharp protrusions, or loose small objects that may cause laceration, puncture wound, aspiration, ingestion or other injury.

ATCP 139.055(2) (2) Toys that are banned under 16 CFR 1500.18(a)(2).

ATCP 139.055 Note Note: 16 CFR 1500.18(a)(2) bans toys that have noise-making components which may be dislodged by the operation of the toy or deliberately removed by a child, and which may cause laceration, puncture wound, aspiration, ingestion or other injury.

ATCP 139.055(3) (3) Dolls, stuffed animals or similar toys that are banned under 16 CFR 1500.18(a)(3).

ATCP 139.055 Note Note: 16 CFR 1500.18(a)(3) bans dolls, stuffed animals or similar toys that have internal or external components which may cause laceration, puncture wound injury, or other injury.

ATCP 139.055(4) (4) Lawn darts and similar sharp-pointed toys that are banned under 16 CFR 1500.18(a)(4).

ATCP 139.055 Note Note: 16 CFR 1500.18(a)(4) bans lawn darts and similar sharp-pointed toys that are usually intended for outdoor use, and which may cause puncture wound injury.

ATCP 139.055(5) (5) Infant walkers that are banned under 16 CFR 1500.18(6), or that fail to comply with the stair-fall protection standard in the “Standard Consumer Safety Specification for Infant Walkers,” ASTM F977-07, published by ASTM International (2007).

ATCP 139.055 Note Note: 16 CFR 1500.18(6) bans infant walkers which have exposed parts capable of amputating, crushing, lacerating, fracturing, bruising, or causing hematomas or other injuries to fingers, toes, or other parts of a young child’s anatomy.

ATCP 139.055 Note Copies of ASTM 977-07 are on file with the department and the legislative reference bureau. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, telephone [phone], website www.astm.org.

ATCP 139.055(6) (6) Children’s bicycle helmets, manufactured or imported into the United States after March 10, 1999, that do not meet the federal bicycle helmet safety standard under 16 CFR 1203.

ATCP 139.055(7) (7) Children’s clothing, sizes 0 to 16, with drawstrings in the neck area.

ATCP 139.055(8) (8) Children’s upper outerwear, sizes 0 to 16, with a drawstring at the waist or bottom of the garment, unless all the following apply:

ATCP 139.055(8)(a) (a) Not more than 3 inches of any drawstring is outside the drawstring channel when the garment is expanded to its fullest width.

ATCP 139.055(8)(b) (b) There is no toggle, knot or other attachment at the free end of any drawstring.

ATCP 139.055(8)(c) (c) Every drawstring is sewn to the garment at the midpoint of the drawstring channel so the drawstring cannot be pulled out of the channel.

ATCP 139.055(9) (9) Children’s products that contain elemental mercury.

ATCP 139.055(10) (10) Children’s products which contain magnets that do not comply with the mandatory toy safety standards adopted under 15 USC 2056b.

ATCP 139.055 Note Note: 15 USC 2056b adopts the standards established by the “Standard Consumer Safety Specification for Toy Safety,” published by ASTM International. The standards are intended to address ingestion hazards in addition to other safety hazards associated with magnets. The standards do not apply to toys in which the magnets are used only as internal components of motors, relays, speakers or other electrical components, provided that magnetism is not part of the play pattern of the toy.

ATCP 139.055(11) (11) Baby cribs and related enclosures that are banned under 16 CFR 1500.18(13) or (14).

ATCP 139.055 Note Note: 16 CFR 1500.18(13) and 16 CFR 1500.18(14) ban full-size and non-full size baby cribs that do not meet federal standards intended to reduce the risk of injury.

ATCP 139.055(12) (12) Yo-yo elastic tether toys that do not comply with the mandatory toy safety standards adopted under 15 USC 2056b.

ATCP 139.055 Note Note: 15 USC 2056b adopts the standards established by the “Standard Consumer Safety Specification for Toy Safety,” published by ASTM International. The standards are intended to address potential strangulation hazards.

ATCP 139.055(13) (13) Children’s products, containing lead, which are banned hazardous substances under 15 USC 1278a.

ATCP 139.055 Note Note: 15 USC 1278a treats as a banned hazardous substance any children’s product that contains more lead than 600 parts per million beginning 180 days after August 14, 2008, 300 parts per million beginning on the date that is one year after August 14, 2008, and 100 parts per million beginning on the date that is 3 years after August 14, 2008.

ATCP 139.055 History History: Renum. from ATCP 139.05 (3) (intro.) to (e), cr. (6) to (8), Register, August, 1999, No. 524, eff. 9-1-99, except (7) and (8), eff. 1-1-00; CR 09-002: r. and recr. Register August 2009 No. 644, eff. 9-1-09.

ATCP 139.06 ATCP 139.06 Exemptions for small packages, minor hazards, and special circumstances. The following exemptions are granted from labeling requirements for hazardous substances under s. 100.37 (1), Stats.:

ATCP 139.06(1) (1) When the sole hazard from a substance in a self-pressurized container is that it generates pressure or when the sole hazard from a substance is that it is flammable or extremely flammable, the name of the component which contributes to the hazard need not be stated.

ATCP 139.06(2) (2) Fuel in portable customer containers filled by retail vendors for personal or household use are exempt from labeling the name and place of business of the manufacturer, packer or seller.

ATCP 139.06(3) (3) Common matches, including book matches, wooden matches and safety matches are exempt from labeling requirements insofar as they apply to the product being considered hazardous because of being flammable or extremely flammable.

ATCP 139.06(4) (4) Paper items, such as newspapers, wrapping papers, toilet and cleaning tissues, and paper writing supplies are exempt from labeling requirements insofar as they apply to the products being considered hazardous because of being flammable or extremely flammable.

ATCP 139.06(5) (5) Thread, string, twine, rope, cord and other similar materials are exempt from labeling requirements insofar as they apply to the product being considered hazardous because of being flammable or extremely flammable.

ATCP 139.06(6) (6) Laboratory chemicals intended only for research or investigational and other laboratory uses (except those in home chemistry sets) are exempt from the labeling requirements of placement under s. ATCP 139.02 if all information required by that section and s. 100.37 (1), Stats., appears with the required prominence on the label panel adjacent to the main panel.

ATCP 139.06(7) (7) Small-arms ammunition packaged in retail containers is exempt from labeling requirements if the container bears the following labeling:

ATCP 139.06(7)(a) (a) The common or usual name of the ammunition in the container;

ATCP 139.06(7)(b) (b) The statement “WARNING — KEEP OUT OF THE REACH OF CHILDREN,” or its practical equivalent; and

ATCP 139.06(7)(c) (c) The name and place of business of the manufacturer, packer, seller, or distributor.

ATCP 139.06(8) (8) Ball point ink cartridges are exempt from labeling requirements insofar as the ink contained therein may be considered a toxic substance, provided:

ATCP 139.06(8)(a) (a) The ink will emerge only from the ballpoint end under reasonably foreseeable conditions of manipulation or use; and

ATCP 139.06(8)(b) (b) The cartridge does not have a capacity in excess of 2 grams of ink.

ATCP 139.06(9) (9) Porous-tip ink-marking devices are exempt from labeling requirements insofar as such requirements would apply because the ink contained therein is a toxic substance, or because the ink contains 10% or more by weight of toluene, petroleum distillates or ethylene glycol; provided the porous-tip ink-marking device is so constructed that: