What does 49 CFR 180.2 (Applicability) require?

Short answer

49 CFR 180.2 requires any person performing a function prescribed in this part to perform that function in accordance with this part. This includes making representations indicating compliance or reintroducing into commerce a packaging that bears markings indicating compliance.

The rule says

"Any person who performs a function prescribed in this part shall perform that function in accordance with this part." (49 CFR 180.2(a))

"Any person who performs a function prescribed in this part is considered subject to the regulations of this subchapter when that person (1) Makes any representation indicating compliance with one or more of the requirements of this part; or (2) Reintroduces into commerce a packaging that bears markings indicating compliance with this part." (49 CFR 180.2(b))

In plain English

This regulation applies to anyone who performs a function related to the handling, packaging, or transportation of hazardous materials. If someone makes a claim that they are complying with the regulations or puts a packaging back into use that has markings indicating compliance, they are subject to the regulations in this part. This means they must follow the rules and guidelines outlined in this part to ensure safe handling and transportation of hazardous materials.

What to do

• Review the functions prescribed in 49 CFR 180 to determine if they apply to your operations.
• Ensure that all representations of compliance are accurate and supported by documentation.
• Verify that packaging bearing markings of compliance is properly maintained and reintroduced into commerce in accordance with the regulations.
• Develop procedures to ensure compliance with the regulations in this part, including training for personnel and regular audits to ensure adherence.