Visibility Requirement Under Vermont Law and Rule
The visibility requirement addresses the product labeling where
a label must be "visible during installation and removal"
- This may affect your decision for the placement of the label on
the product. Also, once a component (switch, lamp, etc.) is placed
in a larger product and the label is no longer visible then the
larger product would require a label to comply with visibility.
The Vermont Mercury
Management Rules, Subchapter 8, Special Wastes, Section 6-803(b)(2)
states:
"A label must be clearly visible and legible
to consumers prior to purchase of the product. The label must be
located on a surface of the product that is visible during installation
and removal."
The other element of the visibility requirement is that a label
must be visible prior-to-purchase. If your product is a retail product
and sold as a packaged item, then prior-to-purchase visibility requirements
may be met with the package label. If the product is only sold by
catalog, Internet, or other means whereby the purchaser does not
directly view the product, visibility requirements may be met by
placing the labeling information in one of those media.
This requirement may be fulfilled by asking, "What does the
customer see prior to purchase?" This may be largely dependent
upon how the product is marketed or what type of customer the manufacturer
is selling to. If a manufacturer ONLY sells products to other
original equipment manufacturers (OEMs), there are no visibility
requirement for the manufacturer who sells to the OEM as this requirement
only applies to what is "visible" to the end user of the
product.
If you have questions, please contact Karen
Knaebel at (802) 241-3455.
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