Section 139.02. Labeling of hazardous substances.

 

(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.

History: Cr. Register, January, 1978, No. 265 , eff. 2-1-78; corrections in (1) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1993, No. 448 .