Federal regulations · Through 2026-08-25 · Newer source version available

49 CFR 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 § 171.7 of this subchapter);
(2) The IMDG Code (IBR, see § 171.7 of this subchapter);
(3) The ICAO Technical Instructions (IBR, see § 171.7 of this subchapter);
(4) The TDG Regulations (IBR, see § 171.7 of this subchapter).
(5) The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) (IBR, see § 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.

Where this section sits in the code

Title 49—Transportation
Subtitle B—Other Regulations Relating to Transportation
CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER C—HAZARDOUS MATERIALS REGULATIONS
PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS
Subpart E—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.

(1) The UN Recommendations (IBR, see § 171.7 of this subchapter);

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

(3) The ICAO Technical Instructions (IBR, see § 171.7 of this subchapter);

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

(5) The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) (IBR, see § 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.

Collected 2026-08-27T02:26:34Z. Source file · JSON

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