[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763.171]

[Page 818-819]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 763_ASBESTOS--Table of Contents
 
 Subpart I_Prohibition of the Manufacture, Importation, Processing, and 
   Distribution in Commerce of Certain Asbestos-Containing Products; 
                          Labeling Requirements
 
Sec. 763.171  Labeling requirements.

    (a) After August 27, 1990, manufacturers, importers, and processors 
of all asbestos-containing products that are identified in Sec. 
763.165(a) shall label the products as specified in this subpart at the 
time of manufacture, import, or processing. This requirement includes 
labeling all manufacturers', importers', and processors' stock-on-hand 
as of August 27, 1990.
    (b) After August 25, 1995, manufacturers, importers, and processors 
of all asbestos-containing products that are identified in Sec. 
763.165(b), shall label the products as specified in this subpart at the 
time of manufacture, import, or processing. This requirement includes

[[Page 819]]

labeling all manufacturers', importers', and processors' stock-on-hand 
as of August 25, 1995.
    (c) The label shall be placed directly on the visible exterior of 
the wrappings and packaging in which the product is placed for sale, 
shipment, or storage. If the product has more than one layer of external 
wrapping or packaging, the label must be attached to the innermost layer 
adjacent to the product. If the innermost layer of product wrapping or 
packaging does not have a visible exterior surface larger than 5 square 
inches, either a tag meeting the requirements of paragraph (d) of this 
section must be securely attached to the product's innermost layer of 
product wrapping or packaging, or a label must be attached to the next 
outer layer of product packaging or wrapping. Any products that are 
distributed in commerce to someone other than the end user, shipped, or 
stored without packaging or wrapping must be labeled or tagged directly 
on a visible exterior surface of the product as described in paragraph 
(d) of this section.
    (d)(1) Labels must be either printed directly on product packaging 
or in the form of a sticker or tag made of plastic, paper, metal, or 
other durable substances. Labels must be attached in such a manner that 
they cannot be removed without defacing or destroying them. Product 
labels shall appear as in paragraph (d)(2) of this section and consist 
of block letters and numerals of color that contrasts with the 
background of the label or tag. Labels shall be sufficiently durable to 
equal or exceed the life, including storage and disposal, of the product 
packaging or wrapping. The size of the label or tag must be at least 
15.25 cm (6 inches) on each side. If the product packaging is too small 
to accommodate a label of this size, the label may be reduced in size 
proportionately to the size of the product packaging or wrapping down to 
a minimum 2.5 cm (1 inch) on each side if the product wrapping or 
packaging has a visible exterior surface larger than 5 square inches.
    (2) Products subject to this subpart shall be labeled in English as 
follows:

                                 NOTICE

    This product contains ASBESTOS. The U.S. Environmental Protection 
Agency has banned the distribution in U.S. commerce of this product 
under section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) as 
of (insert effective date of ban on distribution in commerce). 
Distribution of this product in commerce after this date and 
intentionally removing or tampering with this label are violations of 
Federal law.

    (e) No one may intentionally remove, deface, cover, or otherwise 
obscure or tamper with a label or sticker that has been applied in 
compliance with this section, except when the product is used or 
disposed of.

[59 FR 33209, June 28, 1994]