Section 139.06. Exemptions for small packages, minor hazards, and special circumstances.

  The following exemptions are granted from labeling requirements for hazardous substances under s. 100.37 (1) , Stats.:

(1)  When the sole hazard from a substance in a self-pressurized container is that it generates pressure or when the sole hazard from a substance is that it is flammable or extremely flammable, the name of the component which contributes to the hazard need not be stated.

(2)  Fuel in portable customer containers filled by retail vendors for personal or household use are exempt from labeling the name and place of business of the manufacturer, packer or seller.

(3)  Common matches, including book matches, wooden matches and safety matches are exempt from labeling requirements insofar as they apply to the product being considered hazardous because of being flammable or extremely flammable.

(4)  Paper items, such as newspapers, wrapping papers, toilet and cleaning tissues, and paper writing supplies are exempt from labeling requirements insofar as they apply to the products being considered hazardous because of being flammable or extremely flammable.

(5)  Thread, string, twine, rope, cord and other similar materials are exempt from labeling requirements insofar as they apply to the product being considered hazardous because of being flammable or extremely flammable.

(6)  Laboratory chemicals intended only for research or investigational and other laboratory uses (except those in home chemistry sets) are exempt from the labeling requirements of placement under s. ATCP 139.02 if all information required by that section and s. 100.37 (1) , Stats., appears with the required prominence on the label panel adjacent to the main panel.

(7)  Small-arms ammunition packaged in retail containers is exempt from labeling requirements if the container bears the following labeling:

(a) The common or usual name of the ammunition in the container;

(b) The statement "WARNING — KEEP OUT OF THE REACH OF CHILDREN," or its practical equivalent; and

(c) The name and place of business of the manufacturer, packer, seller, or distributor.

(8)  Ball point ink cartridges are exempt from labeling requirements insofar as the ink contained therein may be considered a toxic substance, provided:

(a) The ink will emerge only from the ballpoint end under reasonably foreseeable conditions of manipulation or use; and

(b) The cartridge does not have a capacity in excess of 2 grams of ink.

(9)  Porous-tip ink-marking devices are exempt from labeling requirements insofar as such requirements would apply because the ink contained therein is a toxic substance, or because the ink contains 10% or more by weight of toluene, petroleum distillates or ethylene glycol; provided the porous-tip ink-marking device is so constructed that:

(a) All the ink is held in an absorbent material within the device;

(b) The ink will emerge only through the porous writing nib under reasonable conditions of manipulation and use, including reasonable foreseeable abuse by children; and

(c) The capacity of the device does not exceed 12 grams of ink.

(10)  Containers of dry ink concentrates are exempt from the labeling requirements insofar as such requirements would apply because the dried ink contained therein is a toxic substance or because the ink contains 10% or more by weight of ethylene glycol; provided that:

(a) The single container does not exceed 75 milligrams of dry ink concentrate; and

(b) The dry ink concentrate does not contain over 15% by weight of ethylene glycol.

(11)  Containers of paste shoe waxes, paste auto waxes and paste furniture and floor waxes containing 10% or more by weight of toluene, xylene, petroleum distillate or turpentine are exempt from the special labeling requirements under s. ATCP 139.03 (5) and (7) , if the viscosity of such products is sufficiently high so that they will not flow from their open containers when inverted for 5 minutes at a temperature of 80ºF. Such products are also exempt from a flammability warning statement if flammability is due solely to the presence of solvents with flashpoints above 80ºF.

(12)  Viscous nitrocellulose - base adhesives containing more than 4% methyl alcohol by weight and containers of 2 fluid ounces or less not exceeding 15% methyl alcohol by weight are exempt from the label statement "Cannot be made non-poisonous."

(13)  Cellulose sponges containing 10% but not more than 15% by weight of diethylene glycol are exempt from special labeling requirements under s. ATCP 139.03 (2) if the diethylene glycol is completely absorbed in the cellulose.

(14)  Paints, varnishes, lacquers, roof coating, rubber vulcanizing preparations, floor covering adhesives, glazing compounds, and other viscous products containing 10% or more by weight of toluene, xylene, or petroleum distillates are exempt from special labeling requirements under s. ATCP 139.03 (5) and (7) , provided the viscosity of the substance or of any liquid that may separate or be present in the container is not less than 100 Saybolt universal seconds at 100ºF.

(15)  Polishing or cleaning products containing 10% or more by weight of toluene, xylene, or petroleum distillates in a carrier of solid particulate or fibrous composition are exempt from special labeling requirements under s. ATCP 139.03 (5) and (7) , if the toluene, xylene, or petroleum distillate is fully absorbed by the solid, semi-solid, or fibrous carrier.

(16)  Single-use spot removers consisting of a cotton pad or other absorbent material saturated with a mixture of dry cleaning solvents not exceeding 4.5 milliliters and packaged in sealed foil envelopes are exempt from labeling requirements insofar as they apply to the flammability of such products. Such single-use spot removers saturated with a substance containing not more than 25% methyl alcohol completely held in cotton pads or other absorbent materials are exempt from special labeling requirements of methyl alcohol under s. ATCP 139.03 (6) , if the cleaning product in each package does not exceed 4.5 milliliters.

(17)  Cigarette lighters containing not more than 10 cubic centimeters of petroleum distillate fuel in a flush-set screwed-type sealed container, are exempt from labeling requirements insofar as they apply to flammability. Cigarette lighters containing not more than 12 grams of butane or isobutane fuel at the time of sale and designed in such a manner that the fuel reservoir will withstand a pressure of at least one and one-half times the maximum pressure which will be developed in the container at 120ºF., are exempt from the labeling requirements insofar as they apply to flammability and under pressure.

(18)  Containers of dry granular fertilizers and dry granular plant foods are exempt from labeling requirements insofar as they apply to such products as being toxic substances, provided the label bears the additional statement "KEEP OUT OF REACH OF CHILDREN" or its practical equivalent.

(19)  Small plastic capsules containing paste composed of powdered metal solder mixed with a liquid flux are exempt from label requirements provided the capsule holds not more than one-half milliliter of the solder mixture, is sold only as a component of a kit, and adequate caution statements appear on the carton of the kit and on any accompanying labeling which bears directions for use.

(20)  Chemistry sets and other science education sets intended primarily for use by juveniles and replacement containers of chemicals for such sets, are exempt from the labeling requirements of s. ATCP 139.02 (1) , provided the immediate container of each chemical that is hazardous as defined in the statutes and these rules bears on its main panel the name of such chemical, the appropriate signal word for that chemical and the additional statement "READ BACK LABEL BEFORE USING" or "READ SIDE PANEL BEFORE USING", as appropriate, and bears on the back or side panel of the immediate container the remainder of the appropriate cautionary statement for the specific chemical in the container. The front page or cover of the experiment manual or other instruction book or booklet accompanying such set and the main display panel on the outer carton shall bear the following caution statement within the borders of a rectangle and in the type size specified in s. ATCP 139.02 :

WARNING: This set contains chemicals that may be harmful if misused. Read cautions on the individual containers carefully. Not to be used for children except under adult supervision.

(21)  Fire extinguishers under pressure and designed to withstand a pressure of at least 6 times the charging pressure at 70ºF., are exempt from the label requirements insofar as they apply to the pressure hazard.

History: Cr. Register, January, 1978, No. 265 , eff. 2-1-78.