.04 Labeling Standards for Mercury-Added Products.

A. A mercury-added product required to be labeled under Regulation .03B of this chapter shall either:

(1) Have a label that:

(a) Clearly informs the purchaser or consumer that:

(i) Mercury is present in the product; and

(ii) The product shall be managed in accordance with federal and State environmental laws to minimize the release of mercury to the environment; or

(b) Meets another state's label requirements for mercury-added products; or

(2) Satisfy the conditions for an exemption under §B(2)(a) of this regulation.

B. Label Standards.

(1) The text of a label required under §A(1)(a) of this regulation:

(a) Shall be legible and clearly presented;

(b) May be any single, clear, easy-to-read type style;

(c) Shall have not more than 39 characters per inch;

(d) Shall have at least 0.5 point leading, that is, space between 2 lines of text;

(e) May not have letters that touch; and

(f) Shall use a type size not smaller than 8-point type for the notice that mercury is present in the product, and not smaller than 6-point type for the remainder of the message.

(2) Location of the Label.

(a) A label required under §A(1)(a) of this regulation shall be affixed on the surface of the mercury-added product, unless:

(i) The physical form of the product prevents it from being directly labeled;

(ii) The size of the product's surface is too small to accommodate the label, taking into account other requirements concerning the use of the product's surface, such as other required labels;

(iii) Attachment of the label to the surface of the product would interfere with the function of the product; or

(iv) The person required to affix the label demonstrates, to the Secretary's satisfaction, that it is not otherwise feasible to affix the label to the surface of the product.

(b) If, as provided in §B(2)(a) of this regulation, the label is not attached to the surface of the mercury-added product, the label shall be:

(i) Attached to packaging of the product that will be seen by the product's purchaser or user; or

(ii) Provided as a package insert if the label would cover more than 60 percent of the total surface area of the product's packaging available to carry labeling.

(3) Size of the Label. A label under §A(1)(a) of this regulation shall be of sufficient size to present the information required by §A(1)(a) of this regulation while meeting the standards of §B of this regulation.

(4) Requirements for Additional Labels.

(a) If a label attached to the surface of a mercury-added product is not visible to a prospective purchaser, and the mercury-added product is not contained within another product, a second label meeting the requirements of §§A and B(1) of this regulation shall be:

(i) Attached to packaging of the product that will be seen by the product's purchaser; or

(ii) Provided as a package insert if the label would cover more than 60 percent of the total surface area of the product's packaging available to carry labeling.

(b) If, as provided in §B(2)(a) of this regulation, the label is not attached to the surface of the mercury-added product, and the mercury-added product is used as a component in the manufacture of another product, the product that contains the mercury-added product as a component shall be labeled in accordance with §A of this regulation.