[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR82.106]

[Page 430-431]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 82--PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
 
  Subpart E--The Labeling of Products Using Ozone-Depleting Substances
 
Sec. 82.106  Warning statement requirements.

    (a) Required warning statements. Unless otherwise exempted by this 
subpart, each container or product identified in Sec. 82.102 (a) or (b) 
shall bear the following warning statement, meeting the requirements of 
this subpart for placement and form:

    WARNING: Contains [or Manufactured with, if applicable] [insert name 
of substance], a substance which harms public health and environment by 
destroying ozone in the upper atmosphere.

    (b) Exemptions from warning label requirement. The following 
products need not bear a warning label:
    (1) Products containing trace quantities of a controlled substance 
remaining as a residue or impurity due to a chemical reaction, and where 
the controlled substance serves no useful purpose in or for the product 
itself. However, if such product was manufactured using the controlled 
substance, the product is required to be labeled as a ``product 
manufactured with'' the controlled substance, unless otherwise exempted;
    (2) Containers containing a controlled substance in which trace 
quantities of that controlled substance remain as a residue or impurity;
    (3) Waste containing controlled substances or blends of controlled 
substances bound for discard;
    (4) Products manufactured using methyl chloroform or CFC-113 by 
persons who can demonstrate and certify a 95% reduction in overall usage 
from their 1990 calendar year usage of methyl chloroform or CFC-113 as 
solvents during a twelve (12) month period ending within sixty (60) days 
of such certification or during the most recently completed calendar 
year. In calculating such reduction, persons may subtract from 
quantities used those quantities for which they possess accessible data 
that establishes the amount of methyl chloroform or CFC-113 transformed. 
Such subtraction must be performed for both the applicable twelve month 
period and the 1990 calendar year. If at any time future usage exceeds 
the 95% reduction, all products manufactured with methyl chloroform or 
CFC-113 as solvents by that person must be labeled immediately. No 
person may qualify for this exemption after May 15, 1994;
    (5) Products intended only for export outside of the United States 
shall not

[[Page 431]]

be considered ``products introduced into interstate commerce'' provided 
such products are clearly designated as intended for export only;
    (6) Products that are otherwise not subject to the requirements of 
this subpart that are being repaired, using a process that uses a 
controlled substance.
    (7) Products, processes, or substitute chemicals undergoing research 
and development, by which a controlled substance is used. Such products 
must be labeled when they are introduced into interstate commerce.
    (c) Interference with other required labeling information. The 
warning statement shall not interfere with, detract from, or mar any 
labeling information required on the labeling by federal or state law.