Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.02 - Labeling of hazardous substances

Current through June 24, 2024
(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.
(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.
(3) If the product is highly toxic the label
				shall contain in addition to the signal word, the word "POISON" and the skull
				and crossbones.
(4) The signal
				word, and the word "POISON" if required, shall be of a size bearing reasonable
				relationship to other type on the main panel, but shall not be less than 18
				point type. The size of the statement of hazard shall not be less than 12 point
				type, unless label space on the container requires a smaller type size. If a
				smaller type size is required, the size shall be no smaller than necessary and
				in no event less than 6 point type.
(5) All label information required under s.
				100.37(1)
				(h), Stats., and this chapter, may appear on
				the main panel. Label information not specifically required to appear on the
				main panel under sub. (2), may be placed on the main panel or elsewhere on the
				label with distinctive contrast achieved by typography, color, or layout. The
				name and place of business of the manufacturer, packer, distributor, or seller
				may appear separately on the same or a different panel. The type size used
				shall bear a reasonable relationship to other printing on the panel and be no
				smaller than 10 point type unless available label space requires a reduction in
				type size, in which event it shall be reduced to no less than 6 point type,
				unless an exemption has been granted under the federal act or by a permit from
				the department because of limited label space.
(6) Collapsible metal tubes containing
				hazardous substances shall be labeled so that all label information required
				under this chapter shall appear as close to the dispensing end of the container
				as possible.
(7) Unpackaged
				hazardous substances intended or in a form suitable for use in or around the
				household or by children shall be labeled so that all label information
				labeling is impractical because of the size or nature of the article, the
				labeling information required under this chapter shall be displayed by means of
				a tag or other suitable material which is securely affixed to the article so
				that the labeling will remain attached through all conditions of merchandising
				and distribution to the ultimate consumer.
(8) Any article that represents more than one
				type of hazard shall be labeled with an affirmative statement of each hazard,
				including precautionary measures, instructions, or other steps to be taken in
				dealing with the hazard. Label information referring to one hazard may be
				combined with parallel information concerning additional hazards if the
				resulting statement contains all information needed for dealing with each type
				of hazard presented.
(9) When any
				accompanying literature, whether by printed word, picture, design, or
				combination thereof, includes or contains any direction for use of a hazardous
				substance, such literature shall contain all information required under sub.
				(1).
(10) Any article, substance
				or product labeled in accordance with the federal act meets the labeling
				requirements of this chapter.