I will refer you to 49CFR171.2 which defines the requirements for markings on hazardous materials (Yes, scuba cylinders are hazardous materials) and OSHA guidelines that define air as 19.5% to 23.5% oxygen. As such, Nitrox cylinders must be marked as such and Compressed Gas Association guidelines do not accept an evidence of inspection decal as proper marking for the cylinder contents. These rules apply to anyone in “commerce”, e.g. your LDC, who packages hazardous materials (fills your cylinder) for transportation on public roads (in your car). If an inspector from the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or OSHA were to observe your LDC violating these requirements the LDC can be cited and face significant civil penalties.
Therefore, yes, your cylinder does need to have a “NITROX” banner on it and when so marked, must contain a Nitrox mixture in excess of 23.5% oxygen. It is illegal to fill a cylinder with less than 23.5% oxygen in a cylinder marked for Nitrox, just as it is illegal to put greater than 23.5% oxygen in cylinders not appropriately marked. All of this is “clear as mud”, except to the inspectors and bureaucrats.