[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: 40CFR82.108]

[Page 431-432]
 
                   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. 82.108  Placement of warning statement.

    The warning statement shall be placed so as to satisfy the 
requirement of the Act that the warning statement be ``clearly legible 
and conspicuous.'' The warning statement is clearly legible and 
conspicuous if it appears with such prominence and conspicuousness as to 
render it likely to be read and understood by consumers under normal 
conditions of purchase. Such placement includes, but is not limited to, 
the following:
    (a) Display panel placement. For any affected product or container 
that has a display panel that is normally viewed by the purchaser at the 
time of the purchase, the warning statement described in Sec. 82.106 may 
appear on any such display panel of the affected product or container 
such that it is ``clearly legible and conspicuous'' at the time of the 
purchase. If the warning statement appears on the principal display 
panel or outer packaging of any such affected product or container, the 
warning statement shall qualify as ``clearly legible and conspicuous,'' 
as long as the label also fulfills all other requirements of this 
subpart and is not obscured by any outer packaging, as required by 
paragraph (b) of this section. The warning statement need not appear on 
such display panel if either:
    (1) The warning statement appears on the outer packaging of the 
product or container, consistent with paragraph (b) of this section, and 
is clearly legible and conspicuous; or
    (2) The warning statement is placed in a manner consistent with 
paragraph (c) of this section.
    (b) Outer packaging. If the product or container is normally 
packaged, wrapped, or otherwise covered when viewed by the purchaser at 
the time of the purchase the warning statement described in Sec. 82.106 
shall appear on any outer packaging, wrapping or other covering used in 
the retail display of the product or container, such that the warning 
statement is clearly legible and conspicuous at the time of the 
purchase. If the outer packaging has a display panel that is normally 
viewed by the purchaser at the time of the purchase, the warning 
statement shall appear on such display panel. If the warning statement 
so appears on such product's or container's outer packaging, it need not 
appear on the surface of the product or container, as long as the 
statement also fulfills all other requirements of this subpart. The 
warning statement need not appear on such outer packaging if either:
    (1) The warning statement appears on the surface of the product or 
container, consistent with paragraph (a) of this section, and is clearly 
legible and conspicuous through any outer packaging, wrapping or other 
covering used in display; or
    (2) The warning statement is placed in a manner consistent with 
paragraph (c) of this section.
    (c) Alternative placement. The warning statement may be placed on a 
hang tag, tape, card, sticker, invoice, bill of lading, supplemental 
printed material, or similar overlabeling that is securely attached to 
the container, product, outer packaging or display case, or accompanies 
the product containing or manufactured with a controlled substance or a 
container containing class I or class II substances through its sale to 
the consumer or ultimate consumer. For prescription medical products 
that have been found to be essential for patient health by the Food and 
Drug Administration, the warning statement may be placed in supplemental 
printed material intended to be read by the prescribing physician, as 
long as the

[[Page 432]]

following statement is placed on the product, its packaging, or 
supplemental printed material intended to be read by the patient: ``This 
product contains [insert name of substance], a substance which harms the 
environment by depleting ozone in the upper atmosphere.'' In any case, 
the warning statement must be clearly legible and conspicuous at the 
time of the purchase.
    (d) Products not viewed by the purchaser at the time of purchase. 
Where the purchaser of a product cannot view a product, its packaging or 
alternative labeling such that the warning statement is clearly legible 
and conspicuous at the time of purchase, as specified under paragraphs 
(a), (b), or (c) of this section, the warning statement may be placed in 
the following manner:
    (1) Where promotional printed material is prepared for display or 
distribution, the warning statement may be placed on such promotional 
printed material such that it is clearly legible and conspicuous at the 
time of purchase; or
    (2) The warning statement may be placed on the product, on its outer 
packaging, or on alternative labeling, consistent with paragraphs (a), 
(b), or (c) of this section, such that the warning statement is clearly 
legible and conspicuous at the time of product delivery, if the product 
may be returned by the purchaser at or after the time of delivery or if 
the purchase is not complete until the time of delivery (e.g., products 
delivered C.O.D.).