Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 139 - Consumer product safety
Section ATCP 139.03 - Hazardous substances; special labeling requirements

Universal Citation: WI Admin Code ยง ATCP 139.03

Current through August 26, 2024

Hazardous substances identified under this section present special hazards requiring supplemental label statements to protect the public, and the following label statements for substances and articles as specified shall supplement labeling required under s. ATCP 139.02.

(1)

(a) Charcoal briquettes and other forms of charcoal in containers for retail sale and intended for cooking or heating shall be labeled with a color contrasting heavy borderlined statement as follows:

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.

If packaged in bags, the statement shall appear in the upper 25% of both front and back panels of the bag, at least 2 inches below the seam and 1 inch from other reading material.

(b) The statements shall appear in type size as follows: The signal word "WARNING" in letters at least three-eighths of an inch in height and the remaining text at least three-sixteenths of an inch in height.

(2) Diethylene glycol and products containing 10% or more by weight of diethylene glycol shall be labeled with the signal word "WARNING" and the statement "HARMFUL IF SWALLOWED".

(3) Ethylene glycol and products containing 10% or more by weight of ethylene glycol shall be labeled with the signal word "WARNING" and the statement "HARMFUL OR FATAL IF SWALLOWED".

(4) Benzene and products containing 5% or more by weight of benzene shall be labeled with the signal word "DANGER" and the statement "VAPOR HARMFUL", the word "POISON", and the skull and crossbones symbol. If the product contains 10% or more by weight of benzene, it shall bear the additional statement of hazard "HARMFUL OR FATAL IF SWALLOWED" and the statements "IF SWALLOWED, DO NOT INDUCE VOMITING. CALL PHYSICIAN IMMEDIATELY".

(5) Toluene, xylene, or petroleum distillates such as kerosene, mineral seed oil, naptha, gasoline, mineral spirits, stoddard solvent, and related petroleum distillates, and products containing 10% or more by weight of such substances shall be labeled with the signal word "DANGER" and bear the additional statement of hazards "VAPOR HARMFUL, HARMFUL OR FATAL IF SWALLOWED", and the statements "IF SWALLOWED, DO NOT INDUCE VOMITING. CALL PHYSICIAN IMMEDIATELY".

(6) Methyl alcohol (methanol) and products containing 4% or more by weight of methyl alcohol shall be labeled with the signal word "DANGER", the additional word "POISON", and the skull and crossbones symbol. The statement of hazards shall include "VAPOR HARMFUL" and "MAY BE FATAL OR CAUSE BLINDNESS IF SWALLOWED". The label shall also bear the statement "CANNOT BE MADE NON-POISONOUS".

(7) Turpentine, including gum turpentine, gum spirits of turpentine, sulfate wood turpentine, and destructively distilled wood turpentine and products containing 10% or more by weight of such turpentine shall be labeled with the signal word "DANGER" and the statement of hazard "HARMFUL OR FATAL IF SWALLOWED".

(8) When a substance or mixture of substances labeled for use in or as a fire extinguisher are toxic, the containers shall be labeled with the signal word "CAUTION" or "WARNING" and the statement of hazard "DANGEROUS GAS FORMED WHEN USED TO EXTINGUISH FLAMES OR ON CONTACT WITH HEAT".

(9) Regardless of whether sub. (8) applies, any 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". All such substances or mixtures of substances shall also bear the additional statements "USE IN AN ENCLOSED PLACE MAY BE FATAL" and "DO NOT ENTER AREA UNTIL WELL VENTILATED AND ALL ODOR OF CHEMICAL HAS DISAPPEARED".

(10) Lawn darts and similar sharp-pointed articles not intended for toy use and marketed solely as a game of skill for adults, shall bear the following statement on the front panel of the carton, and on any accompanying literature in contrasting color within a borderline and in letters at least one-quarter inch high on the main panel of the container and at least one-eighth inch high on all accompanying literature:

WARNING: Not a toy for use by children. May cause serious or fatal injury. Read instructions carefully. Keep out of reach of children.

(11) When the only hazard of a product in a self-pressurized container is that the contents are under pressure, the following statement shall be set forth on the front panel of the container:

WARNING: CONTENTS UNDER PRESSURE

Do not puncture or incinerate container. Do not expose to heat or store at temperatures above 120ºF. Keep out of 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."

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