La. Admin. Code tit. 33 § I-2713

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-2713 - Labeling of Mercury-Added Products

A. The responsibility for product and package labels required by this Section and R.S. 30:2577 shall be on the manufacturer and not on the wholesaler or retailer unless the wholesaler or retailer agrees with the manufacturer to accept responsibility in conjunction with implementation of an alternative to the labeling requirements of this Section approved under R.S. 30:2579 and LAC 33:I.2715. In the case of a multi-component product the responsible manufacturer is the last manufacturer to produce or assemble the product or, if the multi-component product is produced in a foreign country, the responsible manufacturer is the importer or domestic distributor.

B. Except for items described in R.S. 30:2578, mercury-added products and their associated packaging manufactured after July 1, 2008, shall be labeled in accordance with this Section.

C. If a mercury-added product is a component of another product, the product containing the mercury-added component and the component itself must both be labeled. The product containing a mercury-added component shall be labeled in accordance with Paragraphs F.1-5 of this Section. The label on the larger product must clearly identify the internal mercury-added component with sufficient detail so that it may be readily located for removal. The labeling requirements of this Subsection shall not apply to non-consumer replaceable lamps and components as long as directions for proper disposal are included in the product literature. This requirement can be satisfied by the following wording, or other wording that is substantially equivalent.

"The [insert description of component] in this product contains mercury. Dispose of according to local, state, and federal laws."

D. Manufacturers of products packaged but not yet sold before the effective date of this Section may apply to the department for an exemption from the labeling requirements of this Section.

E. If the product is offered for sale or use or promotional purposes by catalog, telephone, or Internet such that the label on the product or packaging is not visible prior to purchase or receipt, the consumer must be made aware prior to purchase or receipt that there is intentionally-added mercury in the product by placing a label or providing other information in sales literature, on website pages, etc.

F. The following labeling standards shall apply to all mercury-added consumer products and associated packaging. The label shall:

1. be clearly visible to the product purchaser prior to sale and at the point of sale;

2. be printed in English using a 10 point font or larger;

3. be mounted, engraved, molded, embossed, or otherwise affixed to the product using materials that are sufficiently durable to remain legible throughout the life of the product;

4. bear the wording "Contains Mercury" or equivalent wording;

5. state that the product cannot be placed in the trash and must be recycled, handled as a universal waste, or disposed of as a hazardous waste. This requirement can be satisfied by any of the following wordings, or other wordings that are substantially equivalent.

"Contains Mercury. Don't Put In Trash. Recycle or Dispose of as Hazardous Waste."

"Contains Mercury. Dispose of According to Local, State, and Federal Laws."

"Contains Mercury. Dispose of Properly."

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G. If the product is sold in packaging that obscures the label, the packaging also must be labeled in accordance with Paragraphs F.1-5 of this Section.

La. Admin. Code tit. 33, § I-2713

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 35:452 (March 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and, in particular, 2571.