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.