Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 205 - PRODUCT SAFETY
Subchapter B - FLAMMABILITY RULES
Section 205.25 - 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. 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 use of suitable contrasts with the background achieved by distinctive typography or color, and by both color and typography when needed.

(2) If the product is "extremely flammable" as defined in § 205.23 of this title (relating to Classes of Substances), the labeling shall also include in conjunction with the word "danger" the words "extremely flammable." The word "danger" is considered a signal word as that term is used in paragraph (1) of this subsection.

(3) The signal word and statement of hazard shall be in capital letters. The size of the signal word (including the word "danger" is 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 typesize, 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 the Act, §2, (or by regulations prescribing additional information under § 205.24 of this title (relating to Children's Clothing) and this section) may appear on the main panel; but if they do not, all such items not required by paragraph (1) of this subsection 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 10 point unless the available label space requires reductions, in which event it shall be reduced no smaller than six point type unless because of small label space an exemption has been granted under the Act, §5(a).

(5) Collapsible metal tubes containing hazardous flammable substances shall be labeled so that all items of label information required by the Act, §2, or by regulations prescribing additional information shall appear as close to the dispensing end of the container as possible. The size, placement, and conspicuousness of these statements shall conform with paragraphs (1), (3), and (4) of this subsection.

(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 regulations 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 paragraphs (1), (3) and (4) of this subsection.

(1) Labeling requirements for accompanying literature. When any accompanying literature includes or bears any directions for use (by printed word, picture, design, or combination of such methods) such placard, pamphlet, booklet, book, sign, or other graphic or visual device shall bear all the information required by §2 of the Act and this section.

(2) Substances determined to be "special hazards." Whenever the department determines that for a particular hazardous substance, intended or packaged in a form suitable for use in the household or by children, the requirements in the Act, §2, are not adequate for the protection of the public health and safety because of some special hazard, the department shall, by appropriate action, specify such reasonable variations or additional label requirements that it finds are necessary for the protection of the public health and safety. Such order shall specify a date that is not less than 90 days after that order is published (unless emergency conditions stated in the order specify an earlier date) after which any such hazardous substance intended or packaged in a form suitable for use in the household or by children, that fails to bear a label in accordance with such order shall be deemed to be a misbranded hazardous substance.

(3) Substances with multiple hazards.

(1) Extremely flammable contact adhesives; labeling.

(2) Children's sleepwear. Temporary labeling requirements of noncomplying items. Items of noncomplying children's sleepwear which are manufactured during the 12 months following the effective date of the standard shall, prior to introduction into commerce, be prominently, permanently, and conspicuously labeled with the following statement: "Flammable (Does not meet U. S. Department of Commerce Standard DOC FF 3-71). Should not be worn near sources of fire.' Such labels should be in accordance with the rules and regulations established by the Federal Trade Commission and this department.

(1) Deceptive use of disclaimers.

(2) A hazardous substance shall not be deemed to have met the requirements of the Act, §2, if there appears in or on the label or in accompanying literature words, statements, designs, or other graphic material that in any manner negates or disclaims any of the label statements required by the Act: for example, the statement on a toxic or irritant substance, such as "Harmless" or "Safe around pets."