What does 49 CFR 172.303 (Prohibited marking) require?

Short answer

49 CFR 172.303 prohibits marking a package with hazardous material indicators unless it contains the identified hazardous material or its residue.

1. The package must not be marked with a proper shipping name, identification number, or other hazardous material indicators.

2. Exceptions apply to certain transportation and marking situations.

The rule says

"No person may offer for transportation or transport a package which is marked with the proper shipping name, the identification number of a hazardous material or any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) unless the package contains the identified hazardous material or its residue." (49 CFR 172.303(a))

"This section does not apply to (1) Transportation of a package in a transport vehicle or freight container if the package is not visible during transportation and is loaded by the shipper and unloaded by the shipper or consignee." (49 CFR 172.303(b)(1))

In plain English

This rule is about preventing misleading or false labeling of packages that could lead to accidents or improper handling. It's crucial for safety and compliance that packages are accurately marked according to their contents. If a package doesn't contain hazardous material, it shouldn't be marked as if it does. There are exceptions for certain situations, like when the package isn't visible during transport or when specific markings are covered.

What to do

• Ensure packages are marked accurately according to their contents.
• Review exceptions in 49 CFR 172.303(b) to understand when the rule does not apply.
• Train personnel on proper marking and handling procedures to avoid violations.
• Regularly inspect packages and their markings to maintain compliance.