Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 16 - HAZARDOUS SUBSTANCES › Section 333-016-0115 - Labeling Requirements, Placement, Conspicuousness, Contrast

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 453.095
Stats. Implemented: ORS 453.005 &
				  453.035