Current through Register Vol. 51, No. 3, September 1, 2024
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.
Section
2. Special Labeling Requirements. In addition to the requirements
of
KRS
217.670 the following hazardous substances
are deemed to be misbranded unless the label includes the requirements stated
below:
(1) Charcoal briquettes and other
forms of charcoal for cooking or heating. Because inhalation of the carbon
monoxide produced by burning charcoal indoors or in confined areas may cause
serious injury or death, containers of the products shall bear the following
borderlined statements: "WARNING; Do Not Use for Indoor Heating or Cooking
Unless Ventilation is Provided for Exhausting Fumes to Outside. Toxic Fumes May
Accumulate and Cause Death". For bags of charcoal, the above statement shall
appear within a heavy borderline in a color sharply contrasting to that of the
background, on both front and back panels in the upper twenty-five (25) percent
of the panels of the bag at least two (2) inches below the seam, and at least
one (1) inch above reading material or design elements in type size as follows:
The signal word "WARNING" shall appear in capital letters at least
three-eighths (3/8) inch in height; the remaining text of the warning statement
shall be printed in letters at least three-sixteenths (3/16) inch in
height.
(2) Diethylene glycol.
Because diethylene glycol and mixtures containing ten (10) percent or more by
weight of diethylene glycol are commonly marketed, stored, and used in a manner
increasing the possibility of accidental ingestion, the products shall be
labeled with the signal word "Warning" and the statement "Harmful if
swallowed."
(3) Ethylene glycol.
Because ethylene glycol and mixtures containing ten (10) percent or more by
weight of ethylene glycol are commonly marketed, stored, and used in a manner
increasing the possibility of accidental ingestion, the products shall be
labeled with the signal word "Warning" and the statement "Harmful or fatal if
swallowed."
(4) Methyl alcohol
(methanol). Because death and blindness can result from the ingestion of methyl
alcohol, the label for this substance and mixtures containing four (4) percent
or more by weight of this substance shall include the signal word "Danger," the
additional word "Poison," and the skull and crossbones symbol. The statement of
hazard shall include "Vapor harmful" and "May be fatal or cause blindness if
swallowed." The label shall also bear the statement "Cannot be made
nonpoi-sonous."
(5) Turpentine.
Because turpentine (including gum turpentine, gum spirits of turpentine,
steam-distilled wood turpentine, sulfate wood turpentine, and destructively
distilled wood turpentine) and products containing ten (10) percent or more by
weight of the turpentine, in addition to oral toxicity resulting in systemic
poisoning, may be aspirated into the lungs resulting in chemical pneumonitis,
pneumonia, and pulmonary edema, the products shall be labeled with the signal
word "Danger" and the statement of hazard "Harmful or fatal if
swallowed."
(6) Benzene, toluene,
xylene, petroleum distillates:
(a) Because
inhalation of the vapors of products containing five (5) percent or more by
weight of benzene may cause blood dyscrasias, the products shall be labeled
with the signal word "Danger," the statement of hazard "Vapor harmful," the
word "poison," and the skull and crossbones symbol. If the product contains ten
(10) percent or more by weight of benzene, it shall bear the additional
statement of hazard "Harmful or fatal if swallowed" and the additional
statements "If swallowed, do not induce vomiting. Call physician
immediately."
(b) Because products
containing ten (10) percent or more by weight of toluene, xylene, or other
substances or combination thereof listed in this section may be aspirated into
the lungs, with resulting chemical pneumonitis, pneumonia, and pulmonary edema,
the products shall be labeled with the signal word "Danger," the statement of
hazard "Harmful or fatal if swallowed," and the statements "If swallowed, do no
induce vomiting. Call physician immediately."
(c) Because inhalation of the vapor of
products containing ten (10) percent or more by weight of toluene or xylene or
combination may cause systemic injury, the products shall bear the statement of
hazard "Vapor harmful" in addition to the statements otherwise prescribed in
this section.
(7) Use of
the word "Poison." For the following substances, and at the following
concentrations, the word "Poison" is necessary instead of a signal word:
(a) Hydrochloric acid and any preparation
containing free or chemically unneutralized hydrochloric acid (HCl) in a
concentration of ten (10) percent or more.
(b) Sulfuric acid and any preparation
containing free or chemically unneutralized sulfuric acid (H2SO4) in a
concentration of ten (10) percent or more;
(c) Nitric acid or any preparation containing
free or chemically unneutralized nitric acid (HNO3) in a concentration of five
(5) percent or more;
(d) Carbolic
acid (C6H5OH), also known as phenol, and any preparation containing carbolic
acid in a concentration of five (5) percent or more;
(e) Oxalic acid and any preparation
containing free or chemically unneutralized oxalic acid (H2C2O4) in a
concentration of ten (10) percent or more;
(f) Any salt of oxalic acid and any
preparation containing the salt in a concentration of ten (10) percent or
more;
(g) Acetic acid or any
preparation containing free or chemically unneutralized acetic acid (HC2H2O2)
in a concentration of twenty (20) percent or more;
(h) Hypochlorous acid, free or combined, and
any preparation containing the same in a concentration that will yield ten (10)
percent or more by weight of available chlorine;
(i) Potassium hydroxide and any preparation
containing free or chemically unneutralized potassium hydroxide (KOH) including
caustic potash and vienna paste (vienna caustic), in a concentration of ten
(10) percent or more;
(j) Sodium
hydroxide and any preparation containing free or chemically unneutralized
sodium hydroxide (NaOH), including caustic soda and lye in a concentration of
ten (10) percent or more;
(k)
Silver nitrate, sometimes known as lunar caustic, and any preparation
containing silver nitrate (AgNO3) in a concentration of five (5) percent or
more; and
(l) Ammonia water and any
preparation containing free or chemically uncombined ammonia (NH3), including
ammonium hydroxide and "hartshorn," in a concentration of five (5) percent or
more.
(8) Fire
extinguishers. If a substance or mixture of substances labeled for use in or as
a fire extinguisher produces substances that are toxic if used according to
label directions to extinguish a fire, the containers for the substances shall
bear the following labeling:
(a) If substances
are produced that meet the definition of highly toxic, the signal word "Danger"
and the statement of hazard "Poisonous gases formed when used to extinguish
flame or on contact with heat" shall be used.
(b) If substances are produced that meet the
definition of toxic, the signal word "Caution" or "Warning" and the statement
of hazard "Dangerous gas formed when used to extinguish flame or on contact
with heat" shall be used.
(c)
Regardless of whether paragraphs (a) or (b) of this subsection applies, a
substance or mixture of substances labeled for use as a fire extinguisher that,
if applied to an electrical fire, would subject the user to the likelihood of
electrical shock shall be conspicuously labeled "Caution: Do not use on
electrical wires."
(d) All
substances or mixtures of substances specified in this subsection shall also
bear the additional statements "Used in an enclosed place; may be fatal" and
"Do not enter area until well ventilated and all odor of chemical has
disappeared."
Section
3. Deceptive Use of Disclaimers. A hazardous substance shall not
be deemed to have met the requirements of
KRS
217.670 or the cabinet's administrative
regulations if there appears in or on the label (or in accompanying literature)
words, statements, designs, or other graphic material that negates or disclaims
the label statements required by law or administrative regulation.
STATUTORY AUTHORITY:
KRS 194.050,
211.090,
211.180,
217.690