SECTIONS 108625-108640 - California Statutes

HEALTH AND SAFETY CODE

SECTION 108625-108640

108625. A manufacturer, distributor, or seller of plastic or metal
four-gallon to six-gallon, inclusive, straight sided, slightly
tapered, open head, industrial containers, as defined by the American
Society for Testing and Materials (ASTM), intended for use, sale,
distribution, or any other purpose within the state, irrespective of
point of origin, shall ensure that each industrial container bears a
warning label or labels, that shall be applied prior to release for
shipment into the stream of commerce, and shall meet all of the
following requirements:
(a) The label or labels shall be a permanent paper, plastic, silk
screened, or an offset printed label and shall be easily removable
only by the use of tools or a solvent.
(b) The label or labels shall be either of the following:
(1) One label of at least six inches in height, by at least two
inches in width, and containing a minimum total area of at least 17
square inches. The label shall be placed on the side of the container
near where the handle is inserted. The top half of the label shall
be in English and the bottom half of the label shall be in Spanish;
or
(2) Two labels of at least five inches in height, by two and
three-quarters inches in width or any larger size as the labeler may
voluntarily choose, and one label shall be placed on each side of the
container near where the handle is inserted. The label on one side
shall be in Spanish, and the label on the other side shall be in
English.
(c) The label shall contain on a contrasting background both the
word "WARNING" in block print and the words "Children Can Fall Into
Bucket and Drown--Keep Children Away From Buckets With Even a Small
Amount of Water."
(d) The label shall contain a picture of a child reaching into an
industrial container and shall include an encircled slash and a
triangle with an exclamation point upon a contrasting field before
the word "WARNING".

108630. Any person subject to the labeling requirements of this
article is exempt from those requirements if the person has a label
that is in substantial compliance with the requirements of this
article.

108635. Any person who violates this article is guilty of a
misdemeanor and shall be subject to Chapter 5 (commencing with
Section 17200) of Part 2 of Division 7 of the Business and
Professions Code.

108640. This article shall become operative on September 1, 1993,
and shall remain in effect unless or until preempted by federal law.
Notwithstanding this section, any industrial containers, as defined
in Section 108625, manufactured prior to September 1, 1993, shall not
be subject to this article.