Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 205 - PRODUCT SAFETY
Subchapter C - LABELING OF HAZARDOUS SUBSTANCES
Section 205.43 - Labeling Requirements
Universal Citation: 25 TX Admin Code ยง 205.43
Current through Reg. 49, No. 38; September 20, 2024
(a) Required information on the label. A hazardous substance shall be considered a misbranded hazardous substance unless the hazardous substance bears a label which states conspicuously:
(1) the name and
place of business of the manufacturer, packer, distributor, or
seller;
(2) the common or usual
name or the chemical name (if there be no common or usual name) of the
hazardous substance or of each component which contributes substantially to its
hazard, unless the department by rule permits or requires the use of a
recognized generic name;
(3) the
signal word "Danger" on substances which are extremely flammable, corrosive, or
highly toxic;
(4) the signal word
"Warning" or "Caution" on all other hazardous substances;
(5) an affirmative statement of the principal
hazard or hazards, such as "Flammable," "Combustible," "Vapor Harmful," "Causes
Burns," "Absorbed Through Skin," or similar wording descriptive of the
hazard;
(6) precautionary measures
describing the action to be followed or avoided, except when modified by rule
of the department;
(7) instruction,
when necessary or appropriate, for first-aid treatment;
(8) the word "Poison" and the "Skull and
Crossbones" symbol for any hazardous substance which is defined as "highly
toxic" under these rules. The word "poison" is not a signal word and shall not
replace, but shall be in addition to, the signal word;
(9) instructions for handling and storage of
packages which require special care in handling or storage; and
(10) the statement, "Keep out of the reach of
children" or its practical equivalent, or, if the Article is intended for use
by children and is not a banned hazardous substance, adequate directions for
the protection of children from the hazard.
(b) Placing the information on the label. Information contained in subsection (a) of this section shall be placed on the label in the following manner.
(1) The
"signal word," the "statement of 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) The area of the principal display panel
is the area of the side or surface of the immediate container, or of the side
or surface of any outer container or wrapping, that bears the labeling designed
to be the most prominently displayed, shown, presented, or examined under
conditions of retail sale. This area is not limited to the portion of the
surface covered with labeling; rather, it includes the entire surface. Flanges
at the tops and bottoms of cans, conical shoulders of cans, handles, and
shoulders and necks of bottles and jars are excluded in measuring the area. For
the purposes of determining the proper type size for cautionary labeling, the
area of the principal display panel, or other panel bearing cautionary
labeling, is to be computed as follows.
(A) In
the case of a rectangular package, where one entire side is the principal
display panel, the product 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 40% of the product
of the height of the container times its circumference.
(C) In the case of any other shape of
container, the area of the principal display panel shall be 40% of the total
surface of the container, excluding those areas, such as flanges at the tops
and bottoms. However, if such 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 the
obvious principal display panel.
(3) The type sizes used for the signal word,
statements of hazard, and all other precautionary and first aid labeling
required by these regulations shall be determined in the following manner.
(A) The term "type size" refers to the height
of the actual printed image of each upper case or capital letter as it appears
on the label. The size of cautionary labeling shall be reasonably related to
the type size of any other printing appearing on the same panel, but in any
case must meet the minimum size requirements in Table 1, as follows:
(B) When
an item of labeling is required to be in a specified type size, all upper case
or capital letters must be at least equal in height to the required type size,
and all other letters must be the same style as the upper case or capital
letters. Unless otherwise specified in the regulations, the type size of all
cautionary statements appearing on any display panel shall comply with the
specifications in Table 1 when the area of the display panel is measured by the
method in paragraph (2) of this subsection.
(C) If all of the required cautionary
labeling does not appear on the principal display panel, the statement to "Read
carefully other cautions on the ________ panel," or its practical equivalent,
must appear in, as a minimum, the same type size as that required in Table 1
for the other cautionary material which appears elsewhere on the label of a
hazardous substance. The size of the cautionary labeling that does not appear
on the principal display panel is determined by the area of the panel on which
it does appear.
(4)
Collapsible metal tubes containing hazardous substances shall be labeled so
that all items of the label information required by subsection (a) of this
section 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 this
subsection.
(5) 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 or information
required by the Act or by these rules shall appear on 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) of this
subsection.
(6) Whenever the
statement of the principal hazard or hazards itself provides the precautionary
measures to be followed or avoided, a clear statement of the principal hazard
will satisfy the requirements of subsection (a)(5) and (6) of this section.
When the statement of the precautionary measures in effect provides for
instruction for first-aid treatment, the statement of the precautionary
measures will satisfy the requirements of subsection (a)(6) and (7) of this
section.
(7) When any accompanying
literature includes or bears any directions for use (by printed word, picture,
design, or combination thereof), such placard, pamphlet, booklet, book, sign,
or other graphic or visual device shall bear all the information required by
subsection (a) of this section.
(8)
Any article that presents more than one type of hazard (for example, if the
article is both toxic and flammable) must be labeled with the following:
(A) an affirmative statement of each such
hazard;
(B) the precautionary
measures describing the action to be followed or avoided for each such hazard,
instructions when necessary or appropriate, for first-aid treatment of persons
suffering from the ill effects that may result from each such hazard;
(C) instructions for handling and storage of
articles that require special care in handling and storage because of more than
one hazard presented by the article; and
(D) the common or usual name (or the chemical
name if there is no common or usual name) for each hazardous component present
in the article. Label information referring to the possibility of one hazard
may be combined with parallel information concerning any additional hazards
presented by the article if the resulting condensed statement contains all of
the information needed for dealing with each type of hazard presented by the
article.
(9)
Self-pressurized containers that fail to bear a warning statement adequate for
the protection of the public health and safety may be misbranded under the Act
and these rules, except as otherwise provided pursuant to the Federal Hazardous
Substances Act, §3. The following warning statement will be considered as
meeting the requirements of subsection (a) of this section if the only hazard
associated with the article is that the contents are under pressure:
"Warning-Contents Under Pressure. Do not puncture or incinerate container. Do
not expose to heat or store at temperatures above 120 degrees Fahrenheit. Keep
out of the reach of children." The word "caution" may be substituted for the
word "warning." A practical equivalent may be substituted for the statement,
"Keep out of the reach of children."
(c) Label restrictions regarding deceptive use of disclaimers. 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."
(d) Exemptions for unlabeled containers.
(1) Except as provided by this paragraph and
paragraphs (2) and (3) of this subsection, a shipment or other delivery of a
hazardous substance that in accordance with the practice of the trade is to be
labeled in substantial quantity at an establishment other than that where
originally manufactured or packed shall be exempt during the time of
introduction into and movement in commerce and during the time of holding in
that establishment from compliance with the labeling requirements as set forth
in the Act and in subsections (a) and (b) of this section if:
(A) the person who introduced the shipment or
delivery into commerce is the operator of the establishment where the hazardous
substance is to be received and labeled; or
(B) the person who introduced the shipment or
delivery is not the operator, and the shipment or delivery is made to the
establishment under a written agreement, signed by and containing the post
office address of the person and the operator, and containing whatever
specifications for the labeling of the hazardous substance that are necessary
to insure, if such specifications are followed, that the hazardous substance
will not be misbranded within the meaning of the Act upon completion of the
labeling. The person and the operator shall each keep a copy of the agreement
until two years after the final shipment or delivery under the agreement has
been completed and shall make copies of the agreement available for inspection
upon request of any properly authorized employee of the department.
(2) An exemption of a shipment or
delivery of a hazardous substance under paragraph (1)(A) of this subsection
shall, at the beginning of the act of removing the shipment or delivery of any
part thereof from the establishment, become void from the beginning if the
hazardous substance comprising the shipment, delivery, or part is misbranded
within the meaning of the Act when so removed.
(3) An exemption of a shipment or delivery of
a hazardous substance paragraph (1) (B) of this subsection shall become void
from the beginning with respect to the person who introduced the shipment or
delivery into commerce upon refusal by that person to make available for
inspection a copy of the agreement as required by paragraph (1)(B) of this
subsection.
(4) An exemption of a
shipment or other delivery of a hazardous substance under paragraph (1)(B) of
this subsection shall expire:
(A) at the
beginning of the act of removing the shipment or delivery, or any part thereof,
from the establishment if the hazardous substance comprising the shipment,
delivery, or part is misbranded within the meaning of the Act when so removed;
or
(B) upon refusal by the operator
of the establishment where the hazardous substance is to be labeled, to make
available for inspection a copy of the agreement required by paragraph (1)(B)
of this subsection.
(e) Exemptions under the Federal Hazardous Substances Act. As required by Title 16, C.F.R., Chapter II, §1500.7, nothing within these rules shall be construed as preempting any portion of the Federal Hazardous Substances Act or federal regulations adopted thereunder. Therefore, any and all exemptions for the labeling of hazardous products as set forth within Chapter II, §1500.7, or which may be granted from time to time by the U.S. Consumer Product Safety Commission, are also exempt from the labeling requirements of the Act.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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