[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR211.204-3]

[Page 177]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 211--PRODUCT NOISE LABELING--Table of Contents
 
                  Subpart B--Hearing Protective Devices
 
Sec. 211.204-3  Label location and type.

    (a) The manufacturer labeling the product for ultimate sale or use 
selects the type of label and must locate it as follows:
    (1) Affixed to the device or its carrying case; and
    (2) Affixed to primary panel of the product packaging if the label 
complying with Sec. 211.204-3(a)(1) is not visible at the point of 
ultimate purchase or the point of distribution to users.
    (b) Labeling with a minimum sized label will occur as follows:
    (1) If the protector is individually packaged and so displayed at 
the point of ultimate purchase or distribution to the prospective user, 
the package must be labeled as follows:
    (i) If the primary panel of the package has dimensions greater than 
3.8 x 5.0 cm (approximately 1\1/2\ x 2 in) the label must be presented 
on the primary panel.
    (ii) If the primary panel of the package is equal to or smaller than 
3.8 x 5.0 centimeters, a label at least 3.8 x 5.0 centimeters must be 
affixed to the package by means of a tag.
    (2) If the protector is displayed at the point of ultimate purchase 
or distribution to prospective users in a permanent or disposable bulk 
container or dispenser, even if the protector is individually packaged 
within the dispenser and labeled as above, the container or dispenser 
itself must be labeled. The label must be readily visible to the 
ultimate purchaser or prospective user.