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Scope
The fumigant marking requirements apply to any rail car, freight container, truck body, or trailer in which the lading has been fumigated or treated with any material or is undergoing fumigation.
Regulatory citations
- 49 CFR 173.9 — Transport vehicles or freight containers containing lading which has been fumigated
Key definitions
- Marking: A descriptive name, identification number, instructions, cautions, weight, specification, or UN marks, or combinations thereof, required by the Hazardous Materials Regulations on outer packages of hazardous materials.
- Transport: The movement of property and loading, unloading, or storage incidental to that movement.
- Transport vehicle: A cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, rail car, etc.) is a separate transport vehicle.
Summary of requirements
No person may offer for transport or transport a truck body or trailer, rail car, or freight container containing lading that has been fumigated or treated with any material, or is undergoing fumigation, unless the FUMIGANT marking is prominently displayed.
This marking must:
- Be placed so that it can be seen by any person attempting to enter the transport vehicle or freight container.
- Be black and the text must not be less than 25 mm high. The size of the white background must be at least 400 mm (15.75 in) wide and at least 300 mm (11.8 in) high. The minimum width of the line forming the border must be 2 mm. The “*” must be replaced with the technical name of the fumigant.
- Be displayed until the truck body or trailer, rail car, or freight container has been completely ventilated to assure that no harmful concentration of gas remains.
For domestic transportation, a hazard warning label authorized by EPA under 40 CFR 156 may be used in place of the fumigant marking.
Any person who offers for transport or transports a vehicle or container that requires the fumigant marking and is only complying with the hazardous materials regulations because of the fumigant marking, is not subject to any other requirements of the hazardous materials regulations.