Interpretation Response #09-0025 ([The Wicks Group, PLLC] [Mr. Lindsay W. McGuire])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Wicks Group, PLLC
Individual Name: Mr. Lindsay W. McGuire
Location State: DC Country: US
View the Interpretation Document
Response text:
March 12, 2009
Mr. Lindsay W. McGuire
The Wicks Group, PLLC
1215 17th Street, NW
Summer Square, Fourth Floor
Washington, DC 20036
Ref. No. 09-0025
Dear Mr. McGuire:
This responds to your January 27, 2009 letter requesting clarification on behalf of your client of labeling requirements for limited quantities of gas cartridges transported under the International Maritime Dangerous (IMDG) Code. Specifically, you ask for verification that there is no requirement to place a 2.1 flammable gas hazard warning label on individual packages containing limited quantities of UN 2037, Receptacles, small, containing gas (gas cartridges), being shipped by vessel.
According to your letter, your client manufactures and distributes outdoor cooking systems. It offers 100-gram canisters of cooking fuel, which is shipped by vessel from a supplier in Korea under the IMDG Code. The Korean supplier will no longer ship the product without affixing the 2.1 hazard warning label to the packages containing the cooking systems. The supplier has indicted that it must have a letter from the United States government clarifying that labeling is not required for limited quantities of UN 2037, Receptacles, small, containing gas (gas cartridges) before it will ship the cooking systems without the 2.1 hazard warning label.
Your understanding is correct. The 2.1 flammable gas hazard warning label is not required on packages containing limited quantities of UN 2037 materials based on exceptions provided in the IMDG Code. In accordance with paragraphs 3.4.5 and 3.4.7 of the IMDG Code, limited quantities of dangerous goods for personal or household use that are packaged and distributed in a form intended or suitable for retail sale are excepted from marking and labeling requirements. Under Special Provision 277 of the IMDG Code, for materials shipped as UN 2037, receptacles of up to 1,000 ml are considered limited quantities. The cooking systems manufactured by your client meet the limited quantity threshold of IMDG Code Special Provision 277. Therefore, in accordance with IMDG Code 3.4.7, packages
containing the cooking systems are not required to be marked with the UN number nor are they required to be labeled with the 2.1 hazard class label.
I hope this answers your inquiry.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
171.12, 172.102
Regulation Sections
| Section | Subject |
|---|---|
| 172.102 | Special provisions |