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Interpretation Response #04-0112 ([Innovative Container] [Mr. Chad Odom])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Innovative Container

Individual Name: Mr. Chad Odom

Location State: SC Country: US

View the Interpretation Document

Response text:

Aug 13, 2004


Mr. Chad Odom                 Reference No. 04-0112
Innovative Container
P.O. Box 8837
Greenville, SC 29604

Dear Mr. Odom:

This is in response to your letter requesting clarification of certain marking requirements for UN specification drums under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your marking procedures are in compliance with the HMR. You state that your company manufactures UN specification drums and marks them “UN 1H2/Y200/S/03/USA”; however, the drums are not marked with the manufacturer’s registered symbol or name and address until a customer submits an order for a UN specification drum. Your reason for following this procedure is that at the time of manufacture, it is not known whether you will be selling the drums to a customer who will fill the drums with hazardous or non-hazardous materials.

Regardless of whether the drums are to be used for the transportation of hazardous materials, marking your drums “UN 1H2/Y200/S/03/EJSA” represents the drums as being manufactured to the marked UN standards. Omitting the manufacturer’s symbol or name and address does not negate the representation that the marking
“UN 1H2/Y200/S/03/USA” indicates to users, shippers, and others that the drums conform to the standards as marked. You state that the omission of the information is “the recognized means of communicating to drum users that the packaging is not certified” as being in conformance with the UN standards. Such a provision is not authorized under the HMR. Therefore, marking the drums “UN 1H2/Y200/S/03/USA” and omitting the manufacturer’s symbol or name and address does not conform with § l78.503(a)(8).

The attachments you submitted indicate that the UN design qualification tests have not been performed on these marked drums. Section 178.60 1(d) requires successful design qualification testing to be performed at the start of production of each new or different packaging. Performing the design qualification testing after the manufacturing process is
completed is contrary to the HMR. With respect to the pre-marking of the drums, except as provided in § 178.2(c), a new drum may not display UN markings unless the drum fully conforms to the standards for which it is marked (see § § 171.2 (c) and (f), and 178.2(d)).



I hope this information is helpful. If you have additional questions, please do not hesitate to contact this office.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
178.503 Marking of packagings