32-1972. Poison or hazardous substances;
misbranding and labeling; prohibitions; exemption
A. A poison or hazardous substance shall be misbranded unless the label bears, and
accompanied information that it includes or bears, any directions for use which states
conspicuously:
1. The name and address of the manufacturer or seller.
2. The common or usual name or the chemical name, if there is no common or usual
name, of the poison or hazardous substance or of each component which contributes
substantially to its poisonous or hazardous property, unless the board by rule permits or
requires the use of a recognized generic name.
3. The signal words "poison" and "danger" and the skull and crossbones symbol on
poisons or hazardous substances which are highly toxic.
4. The signal word "danger" on poisons or hazardous substances that are corrosive.
5. The signal word "warning" or "caution" on all other poisons or hazardous
substances.
6. An affirmative statement as to the principal poisonous property, such as
"flammable", "vapor harmful", "causes burns", "absorbed through skin", or similar wording
descriptive of the poison or hazardous substance.
7. Precautionary measures describing the action to be followed or avoided.
8. Instruction, when necessary or appropriate, for first-aid treatment.
9. Instructions for handling and storage of packages which require special care in
handling or storage.
10. The statement "keep out of reach of children" or its practical equivalent, or,
if the poison or hazardous substance is intended for use by children, adequate directions
for the protection of children from the poison or hazardous substance.
11. Directions for using the poison or hazardous substance.
B. A poison or hazardous substance is also misbranded by the reuse of a food, drug
or cosmetic container, or in a container which, though not reused, is identifiable as a
food, drug or cosmetic container by its labeling or by other identification, as a
container for the poison or hazardous substance.
C. Any statement required on the label of a poison or hazardous substance under
subsection A shall be:
1. Located prominently.
2. In the English language.
3. In conspicuous and legible type in contrast by typography, layout, or color with
other printed matter on the label.
D. If the board finds that the requirements of subsections A and B are not adequate
for the protection of the public health and safety in view of the special hazard
presented by any particular poison or hazardous substance, it may establish by rule such
reasonable variations or additional label requirements as it finds necessary, and any
such poison or hazardous substance intended, or packaged in a form suitable, for use in
the household or by children which fails to bear a label in accordance with such rules
shall be deemed to be a misbranded poison or hazardous substance.
E. If the board finds that, because of the size of the package involved or because
of the minor hazard presented by the poison or hazardous substance contained therein, or
for other good and sufficient reasons, full compliance with the labeling requirements
otherwise applicable under this section is impracticable or is not necessary for the
adequate protection of the public health and safety, the board shall adopt rules
exempting such poisons or hazardous substances from these requirements to the extent they
determine to be consistent with adequate protection of the public health and safety.
F. If the board finds that the poisonous or hazardous nature of a poison or
hazardous substance subject to this section is such that the labeling adequate to protect
the public health and safety cannot be devised, or the poison or hazardous substance
presents an imminent danger to the public health and safety, the board by rule may
restrict the sale of such poison or hazardous substance or declare it to be banned and
require its removal from commerce.
G. The board shall conform the rules adopted under this section as far as
practicable with the regulations established pursuant to the federal hazardous substances
act.
|