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Interpretation ID: Label_legibility001589

    Mr. Randy Kiser
    Evenflo Company, Inc.
    707 Crossroads Court
    Vandalia, OH 45377


    Dear Mr. Kiser:

    This responds to your February 5, 2004, letter following up on recent correspondence between you and this office concerning the labeling requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child restraint systems.

    Your earlier letter asked about the requirement in S5.5.1 and elsewhere in FMVSS No. 213 that child restraints be "permanently labeled" with certain information. You asked if we would consider the permanency requirement met if attempting to remove the label caused certain results, such as tearing of the label. We replied that, if the label met the described criteria and remained legible for the life of the restraint, we would consider it permanently attached.

    In your follow up letter, you ask about a procedure you use to determine the legibility of the labeling. You state that the procedure, which you say was suggested by Transport Canada, involves applying three different cleaning solutions in sequence to the label with a piece of cheesecloth. After each solution is applied, you assess the legibility of the label and deem the wording legible if it is "legible to an observer having corrected visual acuity of 20/40 (Snellen ratio) at a distance of 305 mm." You state that this language is used in FMVSS No. 116, "Brake fluids," regarding legibility of labeling. You wish to know if such a procedure is acceptable for evaluating legibility under FMVSS No. 213.

    Under 49 U.S.C. 30112, persons are prohibited from manufacturing or selling any motor vehicle or item of motor vehicle equipment that does not comply with all applicable FMVSSs. However, this prohibition does not apply to a person who had no reason to know, despite exercising reasonable care, that the vehicle or item of equipment does not comply (49 U.S.C. 30112(b)). In our opinion, using the procedure you describe would be an exercise of reasonable care in making your certification. We assume that the procedure would expose the labeling to cleaning solutions representative of those used in the U.S.

    If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:213
    d.5/11/04