Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 47 - Hazardous Substances › Section 902 KAR 47:020 - Labeling and identification standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.650-217.710
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 217.690
				authorizes the Cabinet for Human Resources to adopt administrative regulations
				to regulate the control of hazardous substances in Kentucky. The purpose of
				this administrative regulation is to provide uniform standards relating to the
				"conspicuousness" of labeling requirements; to specify requirements to identify
				hazardous substances that present special hazards and require specialized
				labeling to protect the public health; and to prevent the deceptive use of
				disclaimers on labels of hazardous substances.
Section 1. Conspicuousness of Labeling
			 Requirements.
(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. The 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 use of suitable
			 contrasts with the background achieved by distinctive typography or color, and
			 by both color and typography if needed.
(2) If the product is "highly toxic" 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 subsection (1) of this section.
(3) The signal word and statement of hazard
			 shall be in capital letters. The signal word (and the word "poison" if
			 required) and statements of hazard shall meet the type size requirements set
			 forth in subsection (9) of this section.
(4) All the items of label information
			 required by
			 KRS
			 217.670 or by administrative regulations
			 prescribing additional information may appear on the main panel; but if they do
			 not, all the items not required by subsection (1) of this section 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. The name
			 and place of business of the manufacturer, packer, or distributor may appear
			 separately on the same or on a different panel. The type size used shall be no
			 smaller than the type size required in subsection (9) of this section, Table
			 1.
(5) Collapsible metal tubes
			 containing hazardous substances shall be labeled so that all items of label
			 information required by
			 KRS
			 217.670 or by administrative regulations
			 shall appear as close to the dispensing end of the container as possible. The
			 size, placement, and conspicuousness of these statements shall conform with
			 subsections (1), (3), (4), and (9) of this section.
(6) Unpackaged hazardous substances shall be
			 labeled so that all items of information required by the law or by
			 administrative regulations shall appear upon the article. If the labeling is
			 impracticable because of the size or nature of the article, the required
			 cautionary labeling shall be displayed by 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 subsections (1), (3), (4), and (9) of this section.
(7) If accompanying literature includes or
			 bears directions for use (by printed word, picture, design, or combination
			 thereof), the literature including a placard, pamphlet, booklet, book, sign, or
			 other graphic visual device shall bear all the information required by
			 KRS
			 217.670.
(8) For the purposes of determining the
			 proper type size for cautionary labeling, the area of the principal display
			 panel shall be computed as follows:
(a) In the
			 case of a rectangular package, where one (1) entire side is the principal
			 display panel, the result of the height times the width of that side shall be
			 the area of the principal display panel.
(b) In the case of a cylindrical or nearly
			 cylindrical container or tube on which the principal display panel appears on
			 the side, the area of the principal display panel shall be forty (40) percent
			 of the result of the height of the container times its circumference.
(c) In the case of another shape of
			 container, the area of the principal display panel shall be forty (40) percent
			 of the total surface of the container, excluding areas such as flanges at tops
			 and bottoms. If a container presents an obvious principal display panel (such
			 as an oval or hour-glass shaped area on the side of a container for dishwashing
			 detergent), the area to be measured shall be the entire area of obvious
			 principal display panel.
(9) The type size of cautionary labeling
			 shall be reasonably related to the type size of another printing appearing on
			 the same panel, but shall meet the minimum size requirements computed for :he
			 area of the principal display indicated in Table 1 below:
TABLE 1
Area of principal panel in square inches
0-2
>2-5
>5-10
>10-15
>15-30
>3 0
Type size in inches*
Signal Word**
3/6 4
1/1 6
3/3 2
7/64
1/8
5/ 32
Statement of Hazard
3/6 4
3/6 4
1/1 6
3/32
3/32
7/ 64
Other Cautionary Material***
1/3 2
3/6 4
1/1 6
1/16
5/64
3/ 32
> means "greater than."
*minimum height of printed image of capital or upper case
				letters.
**including the word "poison" if required instead of a signal
				word.
***size of lettering for other cautionary material is based on
				the area of the display panel on which the cautionary material
				appears.