Green Circle Talks About Crossing the Border - Packaging and Labeling Requirements for U.S. Household Products

I. Background:

Under the U.S. Federal Hazardous Substances Act (FHSA), in order to help consumers safely use and store hazardous household products, the products are required to bear precautionary labeling and inform consumers of first aid measures in the event of an accident. The Consumer Product Safety Commission (CPSC) has made it clear in the Act that products without such precautionary labeling are prohibited from being sold in the U.S. market.

II. Range of commodities:

The FHSA covers products that could reasonably be foreseen to be introduced into or around a human dwelling during the course of purchase, storage, or use. Buildings attached to dwellings such as garages, sheds, carports, etc. are also included. Whether or not a product must be labeled depends on the properties of the product and the likelihood that consumers will be exposed to the potential hazards of the product, and products that are required to be labeled generally contain both of the following characteristics:

1. Toxic, corrosive, flammable, irritating, strongly sensitizing, or with properties that may pose a hazard to consumers through decomposition, heating, or other means of generating pressure.
2. The potential exists to cause substantial bodily injury or substantial illness during reasonably foreseeable periods of use and in situations, including foreseeable situations of ingestion by children. Hazardous household products are broad in scope and merchants should refer to the description in 16 CFR Part 1500 for confirmation. Merchants may also use the following information to make a preliminary determination:
3. Toxic. A product is toxic if it can cause harm or disease to the human body if inhaled, swallowed, or absorbed through the skin. For example, products that may cause long-term chronic effects such as cancer, reproductive defects, or neurotoxicity.
4. Corrosive. For example, products that can damage active tissues such as skin and eyes through chemical action.
5. Irritating. For example, the product is not corrosive, but can cause some substantial harm to the body parts it comes in contact with.
6. Strong sensitizers.16 CFR Part 1500.13 lists products that are classified as strong sensitizers by the CPSC. These products generally do not cause an allergic reaction in humans on first exposure, but an allergic reaction becomes apparent on second exposure.
7. Flammability. The flammability of a product depends on the results of testing, and 16 CFR Part 1500.3(c)(6) defines "extremely flammable", "flammable", and "combustible". For example, a flammable liquid

• Extremely flammable if Flash Point is equal to or less than 20°F;
• Flammable if Flash Point is above 20°F and below 100°F;
• Flammable if Flash Point is equal to or greater than 100°F to 150°F inclusive.

1. Pressure is generated by decomposition, heating, or other means. Primarily includes aerosols, fireworks containing explosive powders, and certain pool supplies.

Packaging and labeling requirements:

Labels on the direct packaging of hazardous household products, as well as any outer packaging or containers that may obscure the labeling on the packaging, must be labeled in English with the following information:

1. The name and business address of the manufacturer, packer, distributor or seller;
2. The common or chemical name of each hazardous ingredient;
3. The signal word "Danger" for corrosive, highly flammable, and highly toxic products;
4. All other dangerous products are signaled by the word "Caution" or "Warning";
5. Hazard statements for the main hazards of the product, labeled according to the specific hazard, e.g. "Flammable", "Harmful if Swallowed", "Causes Burns", "Vapor Harmful", etc;
6. Preventive instructions that tell the user what they must do or what behaviors they must avoid to avoid danger;
7. Where appropriate, instructions for first aid treatment when the product causes personal injury;
8. In addition to the signal word "Danger", the signal word "Poison" should also be added to the Dramatic Toxicity product;
9. If the product has special requirements for transportation and storage, relevant instructions should also be provided to the consumer;
10. The statement "Keep out of the reach of children". If a hazardous product, such as a plant, is not packaged, it must have a hang tag containing the required precautionary information. The information must also be printed on the documentation accompanying the product that contains instructions for use. At the same time, safety information about the hazardous product must be prominently located on the label in a conspicuous and legible typeface that contrasts sharply with the other printed information on the label through typography, layout, or color placement. 16 CFR 1500.121 contains guidelines for ensuring that the information required by the regulation is prominently displayed on the label, e.g., the signal word and hazard statement must be on the face of the immediate container of the product, and the other information on the label may be on the face of the label, and the other information on the label may be on the face of the immediate container of the product. For example, signal words and hazard statements must appear on the surface of the immediate container of the product, and other information on the label may appear elsewhere on the package as required by the regulations.16 CFR 1500.121 also contains other examples, such as special rules for font sizes and styles, color contrasts, unpackaged products, and accompanying documentation.16 CFR 1500.122-134 also covers the requirements for other information on the label, such as how to identify information on products with multiple hazard attributes, and how to label certain decaying products. 16 CFR 1500.122-134 also covers requirements for additional information in the label, such as how to label products with multiple hazard attributes, the use of the signal word "Poison" on certain corrosive products, and labeling examples for self-pressurized containers and highly flammable contact adhesives. 16 CFR 1500.14 has special rules for glycols, diethylene glycol, benzene, toluene, xylene, petroleum distillates, turpentine, methanol, charcoal, pyrotechnic devices, and art materials that present a chronic risk of toxicity. Please be sure to refer to CFR 1500.14 for special labeling requirements for ethylene glycol, toluene, xylene, petroleum distillates, turpentine, methanol, charcoal, fireworks installations, and art materials with chronic toxicity risks.

IV. Products prohibited by CPSC:

The FHSA allows the CPSC to ban a hazardous product if the CPSC determines that the product is extremely hazardous and that the warning labels required by the FHSA Act are not effective.The CPSC has banned the following products:

1. Extremely flammable water repellent for masonry walls and floors in homes
2. Carbon tetrachloride and mixtures containing carbon tetrachloride
3. The following fireworks installations:

• An aerial fireworks device that produces an audible effect by loading two or more pyrotechnic materials;
• A firecracker that produces a sound effect by loading it with more than 50 milligrams (772 grains) of pyrotechnic material;
• Other fireworks devices that do not meet the general performance requirements of 16 CFR 1507. Kits and components used in the production of banned fireworks are also included in the ban; pest control devices are excluded

1. Liquid gutter cleaners containing 10% or more by weight of sodium hydroxide or potassium hydroxide that are not packaged in child-safe packaging. See 16 CFR 1700 for child-safe packaging requirements.
2. Products containing soluble cyanide salts
3. General purpose clothing containing asbestos
4. Self-pressurized products containing vinyl chloride monomer as a component or propellant
5. Reloadable tube aerial shell fireworks devices that use shells wider than 1.75 inches. See 16 CFR 1500.17 for more information and exceptions to each specific prohibition.

In addition, the CPSC has banned the following products under the Consumer Product Safety Act - CPSA:

1. Certain highly flammable contact adhesives. See 16 CFR 1302
2. Paints and other finishes with lead content exceeding 0.009%, and furniture, toys, and other articles intended for use by children coated with such paints. See 16 CFR 1303
3. Consumer-applied repair compounds, as well as manufactured ashes and residual ashes used in fireplaces, contain respirable free-form asbestos. See 16 CFR 1304-1305.