333-016-0115 Labeling Requirements, Placement, Conspicuousness, Contrast (1) The signal word, the statement of the principal hazard or hazards, and instructions to read carefully any cautionary information that may be placed elsewhere on the label shall appear together on the main panel of the label. Such information shall be placed together and distinctively apart from other wording or designs. The necessary prominence shall be achieved by placement within the borders of a square or rectangle with or without a borderline, and by the use of suitable contrasts with the background achieved by distinctive typography or color, and by both color and typography when needed. For hazardous substances that contain toxic or highly toxic chemicals, the label shall include in addition to all other requirements of these rules the generic name of the chemical or chemicals which present the most significant hazards. (2) If the product is “highly toxic” as defined in OAR 333-016-0005 and ORS 453.005(a), (B), or (C), the labeling shall also include in conjunction with the word “poison,” the skull and crossbones symbol. The word “poison” is not considered a signal word as that term is used in section (1) of this rule. (3) The signal word and statement of hazard shall be in capital letters. The size of the signal word (and the word “poison” if required) shall be of a size bearing a reasonable relationship to the other type on the main panel, but shall not be less than 18 point type, and the size of the statement of hazard shall not be less than 12 point type, unless the label space on the container is too small to accommodate such type size. When the size of the label space requires a reduction in type size, the reduction shall be made to a size no smaller than is necessary and in no event to a size smaller than six point type. (4) All the items of label information required by ORS 453.035(2)(a) through (i) may appear on the main panel; but if they do not, all such items not required by section (1) of this rule to appear on the main panel shall be placed together in a distinctive place elsewhere on the label with adequate contrast, achieved by typography, color, or layout except that the name and place of business of the manufacturer, packer, distributor, or seller may appear separately on the same or on a different panel. The type size used shall bear a reasonable relationship to the printing on the panel involved and shall be no smaller than ten point unless the available label space requires reduction, in which event it shall be reduced no smaller than 6 point type unless because of small label space an exception has been granted under ORS 453.035(4) and 333-016-0095. (5) Collapsible metal tubes containing hazardous substances shall be labeled so that all items of label information required by ORS 453.035(2)(a) through (i) shall appear as close to the dispensing end of the container as possible. The size, placement, and conspicuousness of these statements shall conform with sections (1), (3), and (4) of this rule. (6) Unpackaged hazardous substances intended or in a form suitable for use in or around a household or by children shall be labeled so that all items of information required by the Act or by rules in this part shall appear upon the article itself. In instances where such labeling is impracticable because of the size or nature of the article, the required cautionary labeling must be displayed by means of a tag or other suitable material that is securely affixed to the article so that the labeling will remain attached throughout conditions of merchandising and distribution to the ultimate consumer. The size, placement, and conspicuousness of these statements shall conform with sections (1), (3), and (4) of this rule. Statutory/Other Authority: ORS 453.095 Statutes/Other Implemented: ORS 453.005 & 453.035 History: HD 40, f. 8-2-73, ef. 8-15-73