[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR172.401]



[Page 374]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 172_HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING 

REQUIREMENTS--Table of Contents

 

                           Subpart E_Labeling

 

Sec. 172.401  Prohibited labeling.



    (a) Except as otherwise provided in this section, no person may 

offer for transportation and no carrier may transport a package bearing 

a label specified in this subpart unless:

    (1) The package contains a material that is a hazardous material, 

and

    (2) The label represents a hazard of the hazardous material in the 

package.

    (b) No person may offer for transportation and no carrier may 

transport a package bearing any marking or label which by its color, 

design, or shape could be confused with or conflict with a label 

prescribed by this part.

    (c) The restrictions in paragraphs (a) and (b) of this section, do 

not apply to packages labeled in conformance with:

    (1) The UN Recommendations (IBR, see Sec. 171.7 of this 

subchapter);

    (2) The IMDG Code (IBR, see Sec. 171.7 of this subchapter);

    (3) The ICAO Technical Instructions (IBR, see Sec. 171.7 of this 

subchapter);

    (4) The TDG Regulations (IBR, see Sec. 171.7 of this subchapter).

    (d) The provisions of paragraph (a) of this section do not apply to 

a packaging bearing a label if that packaging is:

    (1) Unused or cleaned and purged of all residue;

    (2) Transported in a transport vehicle or freight container in such 

a manner that the packaging is not visible during transportation; and

    (3) Loaded by the shipper and unloaded by the shipper or consignee.



[Amdt. 172-9, 41 FR 15996, Apr. 15, 1976, as amended by Amdt. 172-75, 47 

FR 44471, Oct. 7, 1982; Amdt. 172-77, 47 FR 54822, Dec. 6, 1982; Amdt. 

172-94, 49 FR 38134, Sept. 27, 1984; Amdt. 172-100, 50 FR 41521, Oct. 

11, 1985; Amdt. 172-123, 55 FR 52594, Dec. 21, 1990; Amdt. 172-132, 58 

FR 50501, Sept. 27, 1993; 66 FR 8647, Feb. 1, 2001; 66 FR 45379, Aug. 

28, 2001; 68 FR 75741, 75742, Dec. 31, 2003]