Interpretation Response #25-0059
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Currie Associates
Individual Name: Tom Ferguson
Location State: NY Country: US
View the Interpretation Document
Response text:
March 12, 2026
Tom Ferguson
Chief Technical Officer
Currie Associates
101 Ridge Street, Suite I
Glens Falls, NY 12801
Reference No. 25-0059
Dear Mr. Ferguson:
This letter is in response to your March 26, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to prohibited markings on hazardous materials packaging. Specifically, you request confirmation that the transportation of totes or bins used for pharmaceutical products, which are marked with the limited quantity mark but do not contain hazardous materials, is permitted by the HMR. You add that companies transporting pharmaceutical products classified as hazardous materials often move them from distribution facilities to stores in cases or large plastic bins or "masterpacks" in less-than-caseload quantities, which provide convenience in the distribution chain. You state that in some cases, these bins or "masterpacks" serve as the outer packaging, while in other situations they may be considered overpacks.
You ask whether it is acceptable to transport bins bearing the limited quantity marking, even when no hazardous materials are present during certain stages of the supply chain—specifically when the bins are loaded by the shipper and unloaded by the consignee without any involvement from the driver and are not visible during transportation.
Yes. In accordance with § 172.303(b)(1), the prohibition on marking packages that do not contain hazardous materials does not apply when a package is transported in a transport vehicle or freight container, is not visible during transportation, and is loaded by the shipper and unloaded by the shipper or consignee.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.303(b)(1)
Regulation Sections
| Section | Subject |
|---|---|
| 172.303 | Prohibited marking |