Chapter ATCP 139

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:

ATCP 139.06(9)(a) (a) All the ink is held in an absorbent material within the device;

ATCP 139.06(9)(b) (b) The ink will emerge only through the porous writing nib under reasonable conditions of manipulation and use, including reasonable foreseeable abuse by children; and

ATCP 139.06(9)(c) (c) The capacity of the device does not exceed 12 grams of ink.

ATCP 139.06(10) (10) Containers of dry ink concentrates are exempt from the labeling requirements insofar as such requirements would apply because the dried ink contained therein is a toxic substance or because the ink contains 10% or more by weight of ethylene glycol; provided that:

ATCP 139.06(10)(a) (a) The single container does not exceed 75 milligrams of dry ink concentrate; and

ATCP 139.06(10)(b) (b) The dry ink concentrate does not contain over 15% by weight of ethylene glycol.

ATCP 139.06(11) (11) Containers of paste shoe waxes, paste auto waxes and paste furniture and floor waxes containing 10% or more by weight of toluene, xylene, petroleum distillate or turpentine are exempt from the special labeling requirements under s. ATCP 139.03 (5) and (7), if the viscosity of such products is sufficiently high so that they will not flow from their open containers when inverted for 5 minutes at a temperature of 80ºF. Such products are also exempt from a flammability warning statement if flammability is due solely to the presence of solvents with flashpoints above 80ºF.

ATCP 139.06(12) (12) Viscous nitrocellulose - base adhesives containing more than 4% methyl alcohol by weight and containers of 2 fluid ounces or less not exceeding 15% methyl alcohol by weight are exempt from the label statement “Cannot be made non-poisonous.”

ATCP 139.06(13) (13) Cellulose sponges containing 10% but not more than 15% by weight of diethylene glycol are exempt from special labeling requirements under s. ATCP 139.03 (2) if the diethylene glycol is completely absorbed in the cellulose.

ATCP 139.06(14) (14) Paints, varnishes, lacquers, roof coating, rubber vulcanizing preparations, floor covering adhesives, glazing compounds, and other viscous products containing 10% or more by weight of toluene, xylene, or petroleum distillates are exempt from special labeling requirements under s. ATCP 139.03 (5) and (7), provided the viscosity of the substance or of any liquid that may separate or be present in the container is not less than 100 Saybolt universal seconds at 100ºF.

ATCP 139.06(15) (15) Polishing or cleaning products containing 10% or more by weight of toluene, xylene, or petroleum distillates in a carrier of solid particulate or fibrous composition are exempt from special labeling requirements under s. ATCP 139.03 (5) and (7), if the toluene, xylene, or petroleum distillate is fully absorbed by the solid, semi-solid, or fibrous carrier.

ATCP 139.06(16) (16) Single-use spot removers consisting of a cotton pad or other absorbent material saturated with a mixture of dry cleaning solvents not exceeding 4.5 milliliters and packaged in sealed foil envelopes are exempt from labeling requirements insofar as they apply to the flammability of such products. Such single-use spot removers saturated with a substance containing not more than 25% methyl alcohol completely held in cotton pads or other absorbent materials are exempt from special labeling requirements of methyl alcohol under s. ATCP 139.03 (6), if the cleaning product in each package does not exceed 4.5 milliliters.

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.