Interpretation Response #08-0104 ([LPS Industries] [Mr. Gary Flaherty])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: LPS Industries
Individual Name: Mr. Gary Flaherty
Location State: NJ Country: US
View the Interpretation Document
Response text:
May 23, 2008
Mr. Gary Flaherty
LPS Industries
10 Caesar Place
Moonachie, NJ 07074
Ref. No. 08-0104
Dear Mr. Flaherty:
This is in response to your request for clarification of the Hazardous Materials Regulations (49 CFR; HMR Parts 171-180) regarding the marking of non-bulk packagings. You state that your packaging vendor manufactured 4G fiberboard boxes with print errors in the UN markings. You ask whether the markings can be corrected by covering the erroneous markings with a label displaying the correct markings. You also ask whether the HMR specifies requirements for the size and color of the labels displaying the markings.
Use of labels to cover erroneous markings on fiberboard boxes is authorized under the HMR provided the labels conform to the required marking specifications. Section 178.3(a)(3) specifies that the markings must be stamped, embossed, burned, printed or otherwise marked on the packaging to provide adequate accessibility, permanency, contrast, and legibility so as to be readily apparent and understood, and § 178.3 (a)(4) specifies the size of the letters and numerals for specification and UN standard packagings. To meet the permanency requirement, the labels displaying the correct markings must not peel, fade or in any manner become compromised during transportation and the incorrect markings must be completely and securely covered or obliterated. With respect to the size and color of the label, the label must be of adequate proportions to contain the required size specifications for letters and numerals, and of sufficient contrast to the background of the packaging for the marking to be readily visible.
I hope this information is helpful. Please contact this office if you have additional questions.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
§ 178.3