--- kind: "section" citation: "40 C.F.R. § 1068.45" title: "40" number: "1068.45" heading: "General labeling provisions." url: "https://uscodex.org/cfr/40/1068.45" --- # §1068.45. General labeling provisions. The provisions of this part and the standard-setting part include a variety of labeling requirements. The following general provisions apply: - (a) **Permanent labels.** Where we specify that you apply a permanent label, you must meet the following requirements unless the standard-setting part includes other specific label requirements: - (1) **Attach the label so no one can remove it without destroying or defacing it.** - (2) **Make sure it is durable and readable for the engine/equipment's entire life.** - (3) Secure it to a part of the engine/equipment needed for normal operation and not normally requiring replacement. - (4) **Write it in English.** - (5) Make the labels readily visible to the average person after all installation and assembly are complete. - (b) **Removable labels.** Where we specify that you apply a removable label, it must meet the following conditions: - (1) You must attach the label in a way that does not allow it to be separated from the engine/equipment without a deliberate effort. Note that for exemptions requiring removable labels, the exemption no longer applies once the label is separated from the engine/equipment. - (2) The label must be durable and readable throughout the period of its intended purpose. This period generally includes all distribution in U.S. commerce during which the exemption applies. - (3) Except as specified in [paragraph (c)](#c) of this section, the label must be attached directly to the engine/equipment in a visible location. We consider a tag that meets the specified requirements to be an attached label. - (c) **Labels on packaging.** Unless we specify otherwise, where we require engine/equipment labels that may be removable, you may instead label the packaging if the engines/equipment are packaged together as described in this [paragraph (c)](#c). For example, this may involve packaging engines together by attaching them to a rack, binding them together on a pallet, or enclosing them in a box. The provisions of this [paragraph (c)](#c) also apply for engines/equipment boxed individually where you do not apply labels directly to the engines/equipment. The following provisions apply if you label the packaging instead of labeling engines/equipment individually: - (1) You may use the provisions of this [paragraph (c)](#c) only if all the engines/equipment packaged together need the same label. - (2) You must place the label on the package in a readily visible location. This may require labeling the package in multiple locations. - (3) You must package the engines/equipment such that the labels will not be separated from the engines/equipment or otherwise become unreadable throughout the period that the label applies. For example, labels required for shipping engines to a secondary engine manufacturer under [§ 1068.262](/cfr/40/1068.262.md) must remain attached and readable until they reach the secondary engine manufacturer. Similarly, removable labels specified in [§ 1068.240](/cfr/40/1068.240.md) for replacement engines must remain attached and readable until they reach the point of final installation. - (4) You are in violation of [§ 1068.101(a)(1)](/cfr/40/1068.101.md?p=a-1) if such engines/equipment are removed from the package or are otherwise separated from the label before reaching the point at which the label is no longer needed. - (d) **Temporary consumer labels.** Where we specify that you apply temporary consumer labels (including tags), each label must meet the following conditions: - (1) You must attach the label in a way that does not allow it to be separated from the engine/equipment without a deliberate effort. - (2) The label must be sufficiently durable to be readable until it reaches the ultimate purchaser. - (3) The label must be attached directly to the engine/equipment in a visible location. - (e) **Prohibitions against removing labels.** As specified in [§ 1068.101(b)(7)](/cfr/40/1068.101.md?p=b-7), removing permanent labels is prohibited except for certain circumstances. Removing temporary or removable labels prematurely is also prohibited by [§ 1068.101(b)(7)](/cfr/40/1068.101.md?p=b-7). - (f) **Identifying emission control systems.** If the standard-setting part specifies that you use standardized terms and abbreviations to identify emission control systems, use terms and abbreviations consistent with SAE J1930 (incorporated by reference in [§ 1068.95](/cfr/40/1068.95.md)). - (g) **Date format.** If you use a coded approach to identify the engine/equipment's date of manufacture, describe or interpret the code in your application for certification. - (h) **Branding.** The following provisions apply if you identify the name and trademark of another company instead of your own on your emission control information label, as provided in the standard-setting part: - (1) You must have a contractual agreement with the other company that obligates that company to take the following steps: - (i) **Meet the emission warranty requirements that apply under the standard-setting part.** This may involve a separate agreement involving reimbursement of warranty-related expenses. - (ii) **Report all warranty-related information to the certificate holder.** - (2) In your application for certification, identify the company whose trademark you will use. - (3) You remain responsible for meeting all the requirements of this chapter, including warranty and defect-reporting provisions. ## Notes ### Amendments [73 FR 59344, Oct. 8, 2008, as amended at 75 FR 23059, Apr. 30, 2010; 81 FR 74222, Oct. 25, 2016] ### Authority Authority: 42 U.S.C. 7401-7671q. ### Source Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted. ### Amendments [73 FR 59344, Oct. 8, 2008, as amended at 75 FR 23059, Apr. 30, 2010; 81 FR 74222, Oct. 25, 2016]