Regulation

172.313(b)

Regulation summary

Section 172.313(b) establishes the marking requirements for non-bulk materials of Division 6.1. The word “Poison” must be permanently marked, by embossment or other durable means, on each outer package.

Question/Dilemma

The word “toxic” is often listed on shipping papers and packages. This creates confusion because the word “poison” is indicated in the marking and shipping paper requirements.

In this interpretation, PHMSA addresses if it is permissible to mark a non-bulk package used to transport Division 6.1 materials with the word “toxic” instead of “poison.”

Interpretation summary

In interpretation Ref. No. 06-0224, PHMSA permits the use of either the word “poison” or “toxic” on shipping papers and labels.

• The Hazardous Materials Regulations permit the word “toxic” to be used interchangeable with the word “poison” or “poisonous” in shipping descriptions and proper shipping names.
• PHMSA advised that it was their intent to permit the same flexibility for package markings. The word “toxic” may be used instead of “poison” when marking an outer packaging used for Division 6.1 materials.