[Code of Federal Regulations]

[Title 40, Volume 17]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR82.108]



[Page 573-574]

 

                   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 following statement is placed on the product, its packaging, 

or supplemental printed material intended to be



[[Page 574]]



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.).