Interpretation Response #04-0036 ([Margarita Internaciona] [Ms. Janet S. Abel])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Margarita Internaciona
Individual Name: Ms. Janet S. Abel
Location State: AZ Country: US
View the Interpretation Document
Response text:
Mar 24, 2004
Ms. Janet S. Abel Reference No. 04-0036
Development Coordinator
Margarita Internacional
PO Box 5569
Yuma, AZ 85366-5569
Dear Ms. Abel:
This is in response to your February 19, 2004 letter regarding labeling under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request whether a hazardous material label can be applied to packages of non-hazardous materials.
According to your letter, your company transports non-hazardous agricultural pesticides in overpacks from the United States to other countries which require a "skull and crossbones" symbol on the package containing pesticides. You ask whether a "Poison" label can be applied in the United States to packages of non-hazardous materials. You also ask if the phrase "Not Subject to US DOT Regulations" can be placed adjacent to the "Poison" label on packages and shipping documents.
As provided in § 172.401, prohibited labeling does not apply to a packaging bearing a label specified in the HMR if that packaging is transported in a transport vehicle or freight container in such a manner that the packaging is not visible during transportation. In addition, prohibited labeling does not apply to packages labeled in conformance with the United Nations (UN) Recommendations, the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization (ICAO) Technical Instructions, or the Transport of Dangerous Goods (TDG) Regulations. Thus, if the "Poison" label is not visible through the overpack during transportation, you may apply it to packages of nonhazardous material. Further, if you are shipping your material in accordance with UN Recommendations, ICAO Technical Instructions, or the IMDG Code and the "Poison" label is required by the international standard, then you may apply it to the packages of material that are not regulated under the HMR. Under your scenario, a statement such as "non-DOT regulated" or "not subject to U.S. DOT regulation" may appear on the packaging or shipping documents,
I hope this information is helpful.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
172.400
Regulation Sections
| Section | Subject |
|---|---|
| 172.400 | General labeling requirements |