Warning Requirements Prescribed Under the FSHA

Once a substance has been determined to be hazardous under Section 2(f), it must be labeled in accordance with the detailed directions contained in the statute. Failure to adhere to those directions will render the substance mis- 

Identifying Information The label of a hazardous substance must state conspicuously the name and place of business of the manufacturer, packer, distributor or seller. In addition, it must disclose the identity of the heizardous substance or, where the substance is a mixture, the identity of each component which contributes substantially to the hazard. The statute embodies a clear preference for providing the common or usual name of the heizardous substance the substance s chemical name need only be provided if no common usual name exists. By regulation, the Commission may permit or require the use of a recognized generic name. Such a generic name would appear appropriate where a more detailed description would either confuse product users or disclose information about the product s formulation that the manufacturer considers proprietary. 

Signal Word The label of a hazardous substance must also contain a signal word to attract the attention of product users. The statute prescribes the word DANGER for substances which are extremely flammable, corrosive, or highly toxic highly toxic substances must also contain the word poison. The labels of all other hazardous substances must contain the signal words WARNING or CAUTION . 

Precautionary Measures The label of a hazardous substance must also describe the precautionary measures necessary to use the substance safely. According to the statute, instruction for first-aid treatment should be provided when necessary or appropriate, and there should also be instructions for the handling and storage of packages which require special care. In addition, the label must either state Keep Out of the Reach of Children or, if the article is intended for use by children, provide adequate directions for their protection. 

Presentation of Label Warnings Under Section 2(p)(2) of the Act, all required label statements must appear in a prominent location and must be presented in conspicuous and legible type contrasting by typography, layout or color with other label statements. Under Section 2(n), all required warning information must appear on any outside container or wrapper in which the substance is sold, and on all accompanying literature which contains directions for its use. 

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