Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2713 - Labeling of Mercury-Added Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. The responsibility for product and package
					 labels required by this Section and
					 R.S.
					 30:2577 shall be on the manufacturer and not
					 on the wholesaler or retailer unless the wholesaler or retailer agrees with the
					 manufacturer to accept responsibility in conjunction with implementation of an
					 alternative to the labeling requirements of this Section approved under
					 R.S.
					 30:2579 and LAC 33:I.2715. In the case of a
					 multi-component product the responsible manufacturer is the last manufacturer
					 to produce or assemble the product or, if the multi-component product is
					 produced in a foreign country, the responsible manufacturer is the importer or
					 domestic distributor.
B. Except for
					 items described in
					 R.S.
					 30:2578, mercury-added products and their
					 associated packaging manufactured after July 1, 2008, shall be labeled in
					 accordance with this Section.
C. If
					 a mercury-added product is a component of another product, the product
					 containing the mercury-added component and the component itself must both be
					 labeled. The product containing a mercury-added component shall be labeled in
					 accordance with Paragraphs F.1-5 of this Section. The label on the larger
					 product must clearly identify the internal mercury-added component with
					 sufficient detail so that it may be readily located for removal. The labeling
					 requirements of this Subsection shall not apply to non-consumer replaceable
					 lamps and components as long as directions for proper disposal are included in
					 the product literature. This requirement can be satisfied by the following
					 wording, or other wording that is substantially equivalent.
"The [insert description of component] in this product
						contains mercury. Dispose of according to local, state, and federal
						laws."
D. Manufacturers of
					 products packaged but not yet sold before the effective date of this Section
					 may apply to the department for an exemption from the labeling requirements of
					 this Section.
E. If the product is
					 offered for sale or use or promotional purposes by catalog, telephone, or
					 Internet such that the label on the product or packaging is not visible prior
					 to purchase or receipt, the consumer must be made aware prior to purchase or
					 receipt that there is intentionally-added mercury in the product by placing a
					 label or providing other information in sales literature, on website pages,
					 etc.
F. The following labeling
					 standards shall apply to all mercury-added consumer products and associated
					 packaging. The label shall:
1. be clearly
					 visible to the product purchaser prior to sale and at the point of
					 sale;
2. be printed in English
					 using a 10 point font or larger;
3.
					 be mounted, engraved, molded, embossed, or otherwise affixed to the product
					 using materials that are sufficiently durable to remain legible throughout the
					 life of the product;
4. bear the
					 wording "Contains Mercury" or equivalent wording;
5. state that the product cannot be placed in
					 the trash and must be recycled, handled as a universal waste, or disposed of as
					 a hazardous waste. This requirement can be satisfied by any of the following
					 wordings, or other wordings that are substantially equivalent.
"Contains Mercury. Don't Put In Trash. Recycle or
						Dispose of as Hazardous Waste."
"Contains Mercury. Dispose of According to Local, State,
						and Federal Laws."
"Contains Mercury. Dispose of Properly."
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