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Interpretation Response #11-0224


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

Interpretation Response Details

Response Publish Date: 12-21-2011
Company Name: Chemical Products Corporation    Individual Name: Mr. Jerry Cook
Location state: GA    Country: US

View the Interpretation Document


Response text:

December 14, 2011

 

 

Mr. Jerry Cook
Chemical Products Corporation
102 Old Mill Road, SE
Cartersville, GA 30120

Ref. No. 11-0224

Dear Mr. Cook:

This responds to your September 9, 2011 request for clarification of marking in § 178.703 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you propose to use a clear plastic document pouch attached to the upper horizontal sewn seam on the bags by stitching. Your intent is to place the marking and labeling in the clear plastic pouch so that it is facing outward when the pouch is hanging from its sewn attachment to the upper horizontal seam on the bag, and to place the UN performance packaging marking in the same clear plastic pouch facing inward toward the bag surface until the pouch is lifted and rotated upward at which time the UN performance packaging marking would be facing outward. If necessary, you would print "see back" or "UN performance packaging marking on back" on the sheet containing the marking and labeling information. You ask for confirmation that this method of attachment meets the "mark every IBC in a durable and clearly visible manner" requirement under § 178.703.

The answer is no. The markings prescribed in § 178.703 must be stamped, embossed, burned, printed, or otherwise marked on the packaging itself (§ 178.3(a)(3)). Therefore, the method of marking a flexible IBC that you describe does not comply with the "mark every IBC in a durable and clearly visible manner" requirement in § 178.703.

I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553.

Sincerely,

Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

178.703


Regulation Sections

Section Subject
§ 178.703 Marking of IBCs