(a) Required information on the label. A hazardous substance shall be considered a misbranded hazardous substance unless the hazardous substance bears a label which states conspicuously:
  (1) the name and place of business of the manufacturer, packer, distributor, or seller;
  (2) the common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the department by rule permits or requires the use of a recognized generic name;
  (3) the signal word "Danger" on substances which are extremely flammable, corrosive, or highly toxic;
  (4) the signal word "Warning" or "Caution" on all other hazardous substances;
  (5) an affirmative statement of the principal hazard or hazards, such as "Flammable," "Combustible," "Vapor Harmful," "Causes Burns," "Absorbed Through Skin," or similar wording descriptive of the hazard;
  (6) precautionary measures describing the action to be followed or avoided, except when modified by rule of the department;
  (7) instruction, when necessary or appropriate, for first-aid treatment;
  (8) the word "Poison" and the "Skull and Crossbones" symbol for any hazardous substance which is defined as "highly toxic" under these rules. The word "poison" is not a signal word and shall not replace, but shall be in addition to, the signal word;
  (9) instructions for handling and storage of packages which require special care in handling or storage; and
  (10) the statement, "Keep out of the reach of children" or its practical equivalent, or, if the Article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard.
(b) Placing the information on the label. Information contained in subsection (a) of this section shall be placed on the label in the following manner.
  (1) The "signal word," the "statement of principal hazard or hazards," and instructions to read carefully any cautionary information that may be placed elsewhere on the label shall appear together on the main panel of the label. Such information shall be placed together and distinctively apart from other wording or designs. The necessary prominence shall be achieved by placement within the borders of a square or rectangle with or without a borderline, and by use of suitable contrasts with the background achieved by distinctive typography or color, and by both color and typography when needed.
  (2) The area of the principal display panel is the area of the side or surface of the immediate container, or of the side or surface of any outer container or wrapping, that bears the labeling designed to be the most prominently displayed, shown, presented, or examined under conditions of retail sale. This area is not limited to the portion of the surface covered with labeling; rather, it includes the entire surface. Flanges at the tops and bottoms of cans, conical shoulders of cans, handles, and shoulders and necks of bottles and jars are excluded in measuring the area. For the purposes of determining the proper type size for cautionary labeling, the area of the principal display panel, or other panel bearing cautionary labeling, is to be computed as follows.
    (A) In the case of a rectangular package, where one entire side is the principal display panel, the product of the height times the width of that side shall be the area of the principal display panel.
    (B) In the case of a cylindrical or nearly cylindrical container or tube on which the principal display panel appears on the side, the area of the principal display panel shall be 40% of the product of the height of the container times its circumference.
    (C) In the case of any other shape of container, the area of the principal display panel shall be 40% of the total surface of the container, excluding those areas, such as flanges at the tops and bottoms. However, if such a container presents an obvious principal display panel (such as an oval or hour-glass shaped area on the side of a container for dishwashing detergent), the area to be measured shall be the entire area of the obvious principal display panel.
  (3) The type sizes used for the signal word, statements of hazard, and all other precautionary and first aid labeling required by these regulations shall be determined in the following manner.
    (A) The term "type size" refers to the height of the actual printed image of each upper case or capital letter as it appears on the label. The size of cautionary labeling shall be reasonably related to the type size of any other printing appearing on the same panel, but in any case must meet the minimum size requirements in Table 1, as follows:
Attached Graphic
    (B) When an item of labeling is required to be in a specified type size, all upper case or capital letters must be at least equal in height to the required type size, and all other letters must be the same style as the upper case or capital letters. Unless otherwise specified in the regulations, the type size of all cautionary statements appearing on any display panel shall comply with the specifications in Table 1 when the area of the display panel is measured by the method in paragraph (2) of this subsection.
    (C) If all of the required cautionary labeling does not appear on the principal display panel, the statement to "Read carefully other cautions on the ________ panel," or its practical equivalent, must appear in, as a minimum, the same type size as that required in Table 1 for the other cautionary material which appears elsewhere on the label of a hazardous substance. The size of the cautionary labeling that does not appear on the principal display panel is determined by the area of the panel on which it does appear.
  (4) Collapsible metal tubes containing hazardous substances shall be labeled so that all items of the label information required by subsection (a) of this section or by regulations prescribing additional information, shall appear as close to the dispensing end of the container as possible. The size, placement, and conspicuousness of these statements shall conform with this subsection.
  (5) Unpackaged hazardous substances intended or in a form suitable for use in or around a household or by children shall be labeled so that all items or information required by the Act or by these rules shall appear on the article itself. In instances where such labeling is impracticable because of the size or nature of the article, the required cautionary labeling must be displayed by means of a tag or other suitable material that is securely affixed to the article so that the labeling will remain attached throughout conditions of merchandising and distribution to the ultimate consumer. The size, placement, and conspicuousness of these statements shall conform with paragraphs (1)-(3) of this subsection.
  (6) Whenever the statement of the principal hazard or hazards itself provides the precautionary measures to be followed or avoided, a clear statement of the principal hazard will satisfy the requirements of subsection (a)(5) and (6) of this section. When the statement of the precautionary measures in effect provides for instruction for first-aid treatment, the statement of the precautionary measures will satisfy the requirements of subsection (a)(6) and (7) of this section.
  (7) When any accompanying literature includes or bears any directions for use (by printed word, picture, design, or combination thereof), such placard, pamphlet, booklet, book, sign, or other graphic or visual device shall bear all the information required by subsection (a) of this section.
  (8) Any article that presents more than one type of hazard (for example, if the article is both toxic and flammable) must be labeled with the following:
    (A) an affirmative statement of each such hazard;
    (B) the precautionary measures describing the action to be followed or avoided for each such hazard, instructions when necessary or appropriate, for first-aid treatment of persons suffering from the ill effects that may result from each such hazard;
    (C) instructions for handling and storage of articles that require special care in handling and storage because of more than one hazard presented by the article; and
    (D) the common or usual name (or the chemical name if there is no common or usual name) for each hazardous component present in the article. Label information referring to the possibility of one hazard may be combined with parallel information concerning any additional hazards presented by the article if the resulting condensed statement contains all of the information needed for dealing with each type of hazard presented by the article.
Cont'd...
(9) Self-pressurized containers that fail to bear a warning statement adequate for the protection of the public health and safety may be misbranded under the Act and these rules, except as otherwise provided pursuant to the Federal Hazardous Substances Act, §3. The following warning statement will be considered as meeting the requirements of subsection (a) of this section if the only hazard associated with the article is that the contents are under pressure: "Warning-Contents Under Pressure. Do not puncture or incinerate container. Do not expose to heat or store at temperatures above 120 degrees Fahrenheit. Keep out of the reach of children." The word "caution" may be substituted for the word "warning." A practical equivalent may be substituted for the statement, "Keep out of the reach of children."
(c) Label restrictions regarding deceptive use of disclaimers. A hazardous substance shall not be deemed to have met the requirements of the Act, §2, if there appears in or on the label or in accompanying literature words, statements, designs, or other graphic material that in any manner negates or disclaims any of the label statements required by the Act; for example, the statement on a toxic or irritant substance, such as "Harmless" or "Safe around pets."
(d) Exemptions for unlabeled containers.
  (1) Except as provided by this paragraph and paragraphs (2) and (3) of this subsection, a shipment or other delivery of a hazardous substance that in accordance with the practice of the trade is to be labeled in substantial quantity at an establishment other than that where originally manufactured or packed shall be exempt during the time of introduction into and movement in commerce and during the time of holding in that establishment from compliance with the labeling requirements as set forth in the Act and in subsections (a) and (b) of this section if:
    (A) the person who introduced the shipment or delivery into commerce is the operator of the establishment where the hazardous substance is to be received and labeled; or
    (B) the person who introduced the shipment or delivery is not the operator, and the shipment or delivery is made to the establishment under a written agreement, signed by and containing the post office address of the person and the operator, and containing whatever specifications for the labeling of the hazardous substance that are necessary to insure, if such specifications are followed, that the hazardous substance will not be misbranded within the meaning of the Act upon completion of the labeling. The person and the operator shall each keep a copy of the agreement until two years after the final shipment or delivery under the agreement has been completed and shall make copies of the agreement available for inspection upon request of any properly authorized employee of the department.
  (2) An exemption of a shipment or delivery of a hazardous substance under paragraph (1)(A) of this subsection shall, at the beginning of the act of removing the shipment or delivery of any part thereof from the establishment, become void from the beginning if the hazardous substance comprising the shipment, delivery, or part is misbranded within the meaning of the Act when so removed.
  (3) An exemption of a shipment or delivery of a hazardous substance paragraph (1) (B) of this subsection shall become void from the beginning with respect to the person who introduced the shipment or delivery into commerce upon refusal by that person to make available for inspection a copy of the agreement as required by paragraph (1)(B) of this subsection.
  (4) An exemption of a shipment or other delivery of a hazardous substance under paragraph (1)(B) of this subsection shall expire:
    (A) at the beginning of the act of removing the shipment or delivery, or any part thereof, from the establishment if the hazardous substance comprising the shipment, delivery, or part is misbranded within the meaning of the Act when so removed; or
    (B) upon refusal by the operator of the establishment where the hazardous substance is to be labeled, to make available for inspection a copy of the agreement required by paragraph (1)(B) of this subsection.
(e) Exemptions under the Federal Hazardous Substances Act. As required by Title 16, C.F.R., Chapter II, §1500.7, nothing within these rules shall be construed as preempting any portion of the Federal Hazardous Substances Act or federal regulations adopted thereunder. Therefore, any and all exemptions for the labeling of hazardous products as set forth within Chapter II, §1500.7, or which may be granted from time to time by the U.S. Consumer Product Safety Commission, are also exempt from the labeling requirements of the Act.

Source Note: The provisions of this §205.43 adopted to be effective January 1, 1984, 8 TexReg 4749; amended to be effective February 27, 1987, 12 TexReg 503