§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) TheTDG 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.

[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; 74 FR 2252, Jan. 14, 2009]